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MINUTES - 12072004 - C.11
TO: BOARD OF SUPERVISORS, as the Governing Body of the Contra Costa County Flood Control and Water Conservation District FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: December 7, 20304 SUBJECT: Groundlease between the Contra Costa County Flood Control and Water Conservation District and the State Route 4 Bypass Authority, Antioch Area. District V. Project No. 4660-6X4445 Task: ACQ Account No. 3540 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION Rar.!!7`Man ad Action: APPROVE the groundlease between the Contra Costa County Flood Control and Water Conservation District (District) and the State Route 4 Bypass Authority (Authority) for land owned by the District, allowing for the Authority's completion of State Route 4 Bypass road improvements; and AUTHORIZE the County's Chief Engineer, or his designee, to execute that groundlease on behalf of the District, once a Memorandum of Understanding between the Flood Control District and the City of Antioch has been approved by the City of Antioch. Real property transactions between two public agencies under the threat of condemnation are ministerial acts and are therefore statutorily exempt from CEQA, pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15268. 11. Financial #,m act: The lease provides that the Authority will pay the District $6,219,056, plus interest. The payment will either be as rent for the lease of the premises, or for the purchase of the property by the Authority, and will be paid at any time during the five-year term of the lease as determined by the Authority. The funds will be dep site in Floo trot District Drainage Area 56. Continued on Attachment: X _ SIGNATURE: - °'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE __e-OPROV� OTHER SIGNATURE(S): ACTION OF BO D ON APPROVED AS RECOMMENDED_K2L OTHER DEC EN BER O 200)4 VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE } I hereby certify that this is a true and correct AYES:.,,.NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the DRA:eh date shown. G:\GrpOata\RealProp12004-Files1BOS&RES1111704Lease BrdOrd.doc ATTESTED DECEMBER 07, 2004 (frig. Div. Public Works (R/P) JOHN SWEETEN, Clerk of the Board of Contact: Dick Awenius (313-2227) Supervisors and County Administrator Cc: Auditor-Controller(via R/P) Gale Dennis,SR4 Bypass Authority By Deputy P.W.Accounting Recorder(via RIP) Berard Orders Senior Clerk,Adm. SUBJECT: Groundlease between the Contra Costa County Flood Control and Water Conservation District and the State Route 4 Bypass Authority DATE: December 7, 2004 PAGE: Page 2 111. Reagins for.: omLm►i'.'11 atinn-, and Background: The Flood Control District originally bought a large parcel of property in Antioch to be used for flood control purposes, including the construction of a floodwater detention basin, and other flood control improvements benefiting the East Antioch Creek Watershed in the City of Antioch. Portions of that property were to be sold, with the proceeds to be used by the District to pay for those flood control improvements in the watershed. The State Route 4 Bypass Authority requires two parcels of the District's land, comprising approximately 27.12 acres, to complete the State Route 4 Bypass in that area. The Authority prefers to lease the land for a five-year term, beginning December 1, 2004 and ending November 30, 2009, and to make one rental payment of $6,219,056, plus interest, during that term. The Lease also includes a purchase option whereby the Authority may purchase the property from the District, at which time a purchase payment will be made in lieu of rent. The District will not have the use of those funds to construct certain flood control improvements benefiting the City of Antioch until the District receives the above funds from the Authority. The District will be entering into a Memorandum of Understanding with the City of Antioch wherein the District and the City of Antioch mutually acknowledge that the District will not have use of the funds necessary to complete all of the flood control improvements until the District receives those funds from the Authority. IV. Cnn 'njjPllr.as;of Nagativa Action: The Lease will not be executed, and the Bypass Authority will not have the land necessary to complete the construction of the State Route 4 Bypass. THE BOARD OF SUPERVISORS, AS THE GOVERNING BODY OF THE CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, CALIFORNIA Adapted this Resolution on December 7, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 640 Deerings Water Code,Uncodified Acts Act 1656 § 31 West's Water Code,Appendix 64-31 Government Code § 25526.6 SUBJECT: ADOPT Resolution No. 2004/ 640 approving the lease of real property from the Contra Costa County Flood Control and Water Conservation District to the State Route 4 Bypass Authority, in connection with the State Route 4 Bypass—Segment 1 project. Antioch Area. District V Project No.4660-6X4445 The Board of Supervisors as the Governing Body of the Contra Costa County Flood Control and Water Conservation District RESOLVES THAT: Contra Costa County Flood Control and Fater Conservation District acquired approximately 61.6 acres of real property in the Antioch area. The State Route 4 Bypass Authority desires to lease those two parcels of property described in Exhibits "A-1" and "A-2," and shown on Exhibit "B" attached hereto, totaling 27.12 acres, in connection with the State Route 4 Bypass -- Segment 1 project. This Board FINDS that the lease of such real property to the Bypass Authority is in the public interest and will not substantially conflict or interfere with the District's use of the remaining property. This Board hereby APPROVES and AUTHORIZES the lease of such real property described in Exhibit "A-1" and"A-2"and shown on Exhibit`B"attached hereto,to the State Route 4 Bypass Authority,pursuant to the above-referenced statutory authorities, and the County's Chief Engineer is hereby AUTHORIZED to execute a groundlease on behalf of the District in consideration for the payment received in full in the amount of$6,219,056. The Real Property Division is DIRECTED to cause said groundlease to be delivered to the State Route 4 Bypass Authority, as lessee. KL:DPA:eh G:\GrpData\Real Prop\DieW,,,SR4Bypass\l 12204Authority Lease Res I hereby certify that this is a true and correct Orig.Dept.: Public Works(RIP) copy of an action taken and entered on the Contact: Dick R.Awenius(313-2227) minutes of the Board of Supervisors on the cc: Public Works Accounting date shown. Public Works Records Grantee(via RPP} ATTESTED: DEf'.�.Mi�+}� J.} Recorder(via RPP} JOHN SWEETEN,Clerk of the oard of Community Development Dept. Supervisors and County Administrator Date Dennis,State Route 4 Bypass Authority(via RIP) By _ Deputy Board Orders Clerk Specialist,Adm. RESOLUTION NO. 2004/ 640 CONT",f—OSTA CANAL CTE MOBIL ACCESS 94'!55384 POC ----.. LAND SEES"'-: a =-~-..- --_ L--.- ' C UnUTY QDETAIL , - RES . �,�•��� dfi Q Scott Shortlltige rr. � !2$ �y Exp. 12/31/2006 EASTERLY REMAINDER is M 0'l Q'%' '*a AREA#3235 ACRES 0) o, 6441 4F C ------ � _ _ L32 / V B. �' ,5� L23 V �� `>~y •> `� ( `. POC 0 W'ES7ERLY REMAINDER AREA*3.82 ACRES . t QTCE E TAKE {"�' o ,a fi i� 0 6 ACRES UTILITY ESNi�Dt7t3�c _ _ S 0.07 ACRES 0.68 ACRES cA �. fi^ �s _ N53'0!'42"� DETAIL - NTS Course Bearing Distance , 537'26'26"E L1 5 89`38 40 E 222.89 a' L''+ •+�` `<t` 238.40 L2 S 29`31 49 E 212.06 VX P �' `.t L3 S 26'45 36 E 216.36 %* �, �� 552'33 34"W -y 187.29 L4 S 35'105 00 E 398.64 `7" 7 , ti L5 S 40 44 E 28-4,67' `t� ' 4 L6 S 40'38'05" E 214.04 L7 IN 40'38'05" W 52,55 'vo 7, �� 'f✓++ CCC -FLOOD CONTROL L N 52'33'34" E 68.89 -q 0 &WATER CONSERVA` ON Lid N 27'17'11' W 90.94 � � -0 DIMICT L10 5 17-33-22- E 628-67' O. '13838 OR 552 1-11 S 20'06'47" E 201.20' 053-060-009 L12 S 25'53'09" E 66.71' �, N73`06'47"E L13 S 12'44'$5 E 64.24' S , � %s 142.08 L14 S 3'51'34" E 63.04' L15 N 88`04'19" W 86.39' N10'53'13"W L16 I N 28`57 40 W 285.79 20.01 \ L17 I N 16'45 56 W 68,75 PCMB �k79'06'47"E N L18 3 '14 04 W 60.04 20.15'.,-.-.- ""w`..= 139.731 `t L19 N 36'51'41"' W 269.98 LANDS OF MATEAS L20 N 76-21'06" E 126:69 16517 OR 613 L21 N 23,45'38' W 494.14 053.060.015 STORM DRAIN L22 N 28-57-40" W 174.21 ESM'T tO.06 ACRE L23 N 31'09 28 W 85.02' L24 N 27'23 20 W 147.02 ti L25 N 3726'26" W 137.80 L26 N 52'33 34 E 118.47 POC - POINT OF COMMENCING L27 IN 33'21 03 W 41,07 POS m POINT OF BEGINNING L28 N 44"0-2OS E 68.03 TCE - TEMPORARY CONSTRUCTION EASEMENT L29 N 76"21 12'E 292.02' LJLLL- RELINQUISHMENT OF ABUTTERS RIGHTS L30 N 89'36'40"W 41,33 L31 N 76`21'12"E 347.92' u+ r L32 N 4402'06 E 18,70EC2 Radius Length Delta L33 N 51'O6 32 W 64.$9' 90.26 243.59 3`38 43 L15 156.45 160.37 58'43'50" Mark ROUTE 4 BYPASS Thomas & CONTRA COSTA COUNTY In Contra Caste Company, FLOOD CONTROL County, California Inc. ' Scale ?" = 300' EXHIBIT "A-V Gate 27--Apr--2004 Plat to Accompany Leel Description f �y J Drawn By AMR 1 1 f 15 J 2 0 V 4 Checked By SAS APN 053-060-009 Y.\SURVEYS\Projects\81--38042\Drawings\plats for aquisltion\06-a Flood Control.vwg 88'48`1 O,"E � AND 62.20` 1 60013.8 'ti.42 AC `S N01"12'31"E TCE 76.30' 1 Sett Shortlidge Tog 1 c Exp. 12/31/20061 (W8 ` No, 0441 11 OF � N { LEGEND t03 POC = POINT OF COMMENCING 1 POB - POINT OF BEGINNING U 0 1 TCE = TEMPORARY CONSTRUCTION EASEMENT 1 I ! 1 I I - RELINQUISHMENT OF ABUTTERS RIGH'T'S 'O t-1' 0 100 204 3W \\ Xis 11 1 Omni \\ SCALE — FEET 04� \\ � CCC - FLOOD CONTROL & �"� \ �� WATER CONSERVATION DISTRICT ' \ ° 18179 OR 299 \ \� 053-072.010 \\\ C Line Bearing Length 7' # L1 N 29`5 '05"w 45.4f' L2 N 60'06'55"E 15.05' N Ql`12 31'E 241.92 L4 N �2'4B'46 W 8tJ.30' 5 4 4L.87' L6 N 59'1C}'56"E 139,91' �\ ry N59'10'56"E y 10,64' RELINQUISHMENT OF 60013.9RITS ADDITIONL ABUTTERS FEE TAKE L3 1031 AC PCMB MUM �� RONALD E NUNN POC DOC NO. 82-72271 APN 053.072.015 Mark ROUTE 4 BYPASS "t Thomas & CONTRA COSTA COUNTY In Control Costa Company, FLOOD CONTROL County, California Inc. Scale 1" = 100' EXHIBIT "A-2" Date 29—June-2004 plot to Accompany Legal Descriptic�rl Drawn By KGS 11 / 15 /2004 Checked 8y 'SAS APN 053-072--010 Y:\SURVEYS\Projects\81-98042\Drowings\piots for aquisition\06--B Flood Control.dwg State Route 4 Bypass Segment 1 Parcel 60013 Exhibit " B " Land Description(s) of three parcels of land situate in the City of Antioch, Contra Costa County, State of California; Parcel 1 being a portion of that certain parcel of land described in a Grant Deed conveyed to Contra Costa County Flood Control and Water Conservation District recorded August 14, 1087 in Book 13838, at Page 552 in the Official Records of said County, and Parcel's 2 and 3 being portions of that certain parcel of land described. as Parcel 1713.1 in a Grant Deed conveyed to Contra Costa County Flood Control and Water Conservation District recorded January 5, 1993 in Book 18179, at Page 299 in the Official Records of said County; same parcels being more particularly described as follows: Parcel 1 (60013=1)/Fee Party for H�hway(CCC Flood Control VVCI��: Commencing at the northeast comer of said County parcel, Thence along the north line of the County parcel,North 89°38' 40"West--932.60 feet for the Point of Beginning hereof; Thence leaving said north line of and crossing through the County parcel for the following sixteen (16) courses: (1) South 31° 09' 28" East — 85.02 feet for the beginning of a curve to the right, from which point the center bears South 01° 44' 20" Nest, (2) in a southeasterly direction 160.37 feet along the are of said curve to the right,having a radius of 156.45 feet and through a central angle of 58° 43' 50", (3) South 29° 31' 49" East — 212.06 feet, (4) South 26° 45' 36" East -- 216.36 feet, (5) South 35°05' 00" East—398.64 feet, (6) South 45°20' 44"East—284.67 feet, (7) South 40° 38' 05" East — 210.04 feet, (8) North 52° 33' 34" East -- 68.89 feet; (9) South 37° 26' 26" East — 137.80 feet, (10) South 52° 33' 34" West --- 118.47 feet, (11) South 27° 17' 11" East — 90.94 feet, (12) South 170 33' 22" East-- 628.67 feet, (13) South 20° 06' 47" East—201.20 feet, Page i of 4 State.Route 4 Bypass Segment 1 Parcel 60013 (14) 'South 25° 53' 09" East w- 66.71 feet, (15) South 12° 44' 45" East — 64.24 feet, and (16) South 23° 51' 34" East — 63.04 feet to the intersection with the south line of the said County parcel; Thence along the south line of the county parcel, North 88° 04' 19"West— 86.39 feet to the south west corner of the said County parcel; Thence along the west line of the County parcel for the following two (2) courses. (1) North 42° 06' 40"West — 1513.56 feet, and (2) North 28° 57' 40" West—285.79 feet for the beginning of a curve to the left, from which point the center bears North 83°07' 13"West; Thence leaving the west line of and crossing through the County parcel for the following five (5) courses: (1) in a northerly direction 243.59 feet along the arc of said curve to the left, having a radius of 590.26 feet and through a central angle of 23° 38' 43", (2) North 16° 45' 56" West—68.75 feet, and(3)North 32° 14' 04" West—60.04 feet, (4)North 51° 06' 32" West — 64.89 feet, (5) North 23° 45' 38" West — 494.14 feet to the point of intersection with the southerly line of the that certain Grant of Easement to the Oakley Water District recorded on January 30, 1989 as Document No. 8916898 in the Official Records of said County; Thence along the southerly line of said easement and continuing across the County parcel, North 44° 02' 06" East — 68.03 feet; Thence leaving said southerly easement line and continuing across the County parcel, North 27" 23' 20" West — 147.02 feet to the point of intersection with the said north line of the County parcel; Thence along the north line of the County parcel, South 89°38' 40" East—222.89 feet to the Point of Beginning. Containing 24.61 acres of land area, more or less. 1§ 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. Page 2 of 4 State Route 4 Bypass Segment 1 Parol 60013 Parcel 2 60013-3 1 Fee Proper for hwa CCC Flood Control WCLt : Commencing at the southwest comer of said County parcel; Whence along the south line of the County parcel, North 59° 10' 56" East— 139.91 feet for the Point of Beginning hereof; Thence leaving the south line of and crossing through the County parcel for the .following three (3) courses: (1) North 29' 53' 05" West --45.48 feet, (2) South 60° 06' 55" West — 15.05 feet; and (3) North 29° 51' 11" West — 159.40 feet to the point of intersection with the west line of said County parcel; Thence along the west tine of said County parcel, North 01° 12' 31" East — 519.45 feet; Thence across the County parcel, South 28° 46' 50" East -- 645.90 feet to a southerly corner of said County parcel; Thence along the south line of the County parcel, South 59° 10' 56" West—240.89 feet to the Point of Beginning. Containing 2.51 acres of land area,more or less. 4 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. Parcel 3 (60013.6) i Abutter's Rjahts (CCC Flood Control WCD): 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 along the following described line: Page 3 of 4 State route 4 Bypass Segment 1 Parcel 60413 Beginning at the southerly terminus of the above described line taken as South 28° 46' 50" Bast — 645.94 feet, same terminus point being a southerly corner of the said County parcel; Thence along the south line of the County parcel, South 28°44' 50"Bast—235.15 feet to a south corner of the same County parcel. Bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 3. Multiply distances shown by 0.99993642 to obtain grid level distances. This description has been prepared at Mark Thomas & Company, Inc., by me, or under my direction,in conformance with the Professional Land Surveyor's Act. S�q a �. .rte Scott Shortlidge c 6 4 41 Date Professional Land Surveyor ' California No. 6441 Page 4 of 4 - - -~ -._-. ' ' ^ � � LEASE between the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT and the AUTHORITY TABLE OF CONTENTS STATE ROUTE 4 BYPASS I PARTIES.^,^,~,__._,,_,,_~_,_,..,,,,,._,,.~,.^_.,,_`~~~,_.,...,._...,_^^, 1 2. LEASED PREMISES .......................... .................................................. ... .................- l 3. PURPOSE..................^...................,...............................^............................ 2 4. TERM... ............................................................................. .............................................. 2 5. .....................~..... ......................................................................... 2 h. RENT ...--.._,—.—...........—......''..'....--.-'...,`.—'''..''.-.''^--.,—,.'',.-_ 2 7. .................................... 3 8. AUTHORITYS OPTION TO PURCHASE THE PREMISES.........~..................... 3 g. SITE IMPROVEMENT....,._..—..—.-.-..—........_—....-..--......-_... 4 10. ALTERATIONS AND ADDITIONS...-------------.—.----.—.--- 5 l[ MAINTENANCE,REPAIR AND STORAGE —..--------.---.----..—. 5 12. USE OF PREMISES...... ................ ......................................................... ...................... 5 13. CONDITION ....................... —.— ................. ............................ 5 14. ................................... 6 15. SECURITY,...,,........^,,,............`,...........^... ....,...,..^...,.......^.............,.....,...,.,,......^. 6 10. HOLD HARMLESS AND INDEMNIFICATION ....................... ................................ 7 17. ENVIRONMENTAL MITIGATION ......-----..----..—.--.--,—.—,..--. 7 KL:DR.A: oo|x Lse uny/2n84z:3 7 P � ---- ^-- —^-- - --_~_--- ---- -' ~ --^- --- ~_ - ------ -_~--- ---- ---___- -'_.--- -- --_ - _~----'_ __-- -_- ^ � ` l8 ' INSURANCE.................................... 7 19. ............................ —........ 9 20. ASSIGNMENT AND SUBLETTING............. ................—''........ -------.—'—.. 9 21. ----------------------------.--- q ZI ' NOTICES '^—^—^^^'—~'—'............................................................................................ l0 23. INVALID PROVISIONS''—'--------^--'--''--'------'—'--.^—.—. 11 24. LEASE AUTHORIZATION ...............'........ ......................... —'—'''-----.----. 11 25, WAIVER..................................................................................... ll 26. MEMORANDUM OF LEASE _.__.__._.._______._._.___.---_.---.. II 27. .............................. .............. ----. 11 28. LEASE COUNTERPARTS ---------^--^------------------ l� 29. NO THIRD PARTY BENEFICIARIES..................... ....... ---...............................� l2 ` 30. WRITTEN AGREEMENT------''------------------------ l2 31. FURTHER ASSURANCES ....^............................... ........ ........~.......................... ........ l2 32. CONSENTS ,._,_^_^_______..._,~.__,..__.^___._,_,,,--^.—.—.—~— l? 31 ^'...................................... ........... —'..................................................................... I2 34. BINDING ON SUCCESSORS...................................... ................................................ l9 SIGNATURES.................. ........................ ..................................... .............................. l3 EXHIBITS EXHIBIT " A " - SitcP\az EXHIBIT xE} " - Legal Descriptions KI:nnA: c:/|| uo /u(ouov4z.37PIM LEASE between the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT and the STATE ROUTE 4 BYPASS AUTHORITY 1. PARTIES Effective on , 2004, the CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a political subdivision of the State of California,hereinafter referred to as "District," and the STATE ROUTE 4 BYPASS AUTHORITY,a joint exercise ofpowers authority,hereinafter referred to as "Authority," hereby mutually agree and promise as follows: RECITALS A. District acquired fee title to approximately 61.6 acres of real property for general flood control purposes. District has determined that two portions of that property,comprising approximately 27.12 acres, are not needed for future District purposes. B. Authority is in the process of constructing the State Route 4 Bypass("Bypass")that will extend from Antioch to the north through Brentwood to the south. Authority desires to lease the above 27.12-acres of real from District in order to complete the Segment 1 of the Bypass. Authority would also like to have an option to purchase that property during the term of the lease.District is willing to lease the 27.12 acres to Authority, with an option to purchase them, on the terms and conditions contained herein. 2. LEASED PREMISES For and in consideration of the rent and faithful performance by Authority of the terms and conditions and the mutual covenants hereof, District does hereby lease to Authority, and Authority hereby leases from District, subject to all easements and encumbrances of record, two parcels of real property together comprising approximately 27.12-acres labeled as"Leased Property„on both Exhibits "A-1" and"A-2," KL:DRA c:l I I704PCD-SR4Bypass Lse 11/18/2004 2:37 PM 1 which together make up the"Site Plan,"and described in Exhibit"B"—Legal Description. Exhibits"A- 1,""A-2,"and"B"are attached hereto and made apart hereof, The Leased Premises shall hereinafter be referred to as the "Premises." 3. PURPOSE The purpose of this Lease is to provide for the lease of the Premises described herein by District to Authority upon which Authority intends to construct, operate, and maintain road improvements better known as State Route 4 Bypass—Segment 1. 4. TERM This Lease shall be for a term of five(5) years("Term"),commencing on December 1,2004,and ending November 30,2009. December 1,2004,shall hereinafter be referred to as the "Commencement Date" of this Lease, and shall be considered to be day one of the original Lease Year. 5. HOLDING OVER In the event Authority shall remain in possession of the Premises herein leased after the expiration of the Term of this Lease, such holding over shall not be deemed to operate as renewal or extension of this Agreement,but shall only create a tenancy from month to month under the same terms and conditions, unless agreed to otherwise by the parties. Such month-to-month holdover tenancy may be terminated at any time by District on thirty(30) days written notice. 6. RENT Subject to the provisions of Section 8, Authority's Option to Purchase the Premises herein, on or before November 30, 2009,Authority shall pay to District rent,in cash,in the lump sum amount of Six Million Two Hundred Nineteen Thousand Fifty-Six and No/100 Dollars ($6,219,056.00), plus interest, or Authority's use of the Premises. From the Commencement Date until the date rent is paid,interest on the above rent payment shall accrue at the Prime Rate as published in a newspaper of general circulation, shall be compounded monthly, and shall be prorated to the date that payment is made. For example, if Authority pays the above rent on November 30,2009, and the Prime Rate was four percent(4%)for each month prior to that payment, Authority's payment to District will equal Seven Million Five Hundred Ninety-Three Thousand Four Hundred Forty-Six and 19/100 Dollars ($7,593,446.19), which is KL:DRA c:I I f 7Q4FCD-SR4$ypass Lse I!/18/2004 2:37 PM 2 $6,219,056.00 at 4% interest compounded monthly over 60 months. The above rent payment of $6,219,056.00 and any interest shall together be known herein as"Rent." Except as provided in Section 8. Authority's Option to Purchase the Premises herein, Authority's failure to pay Rent on or before November 30, 2009, shall be a material breach of this Lease, and shall be cause for the immediate termination of this Lease. Notwithstanding the foregoing,in the event this Lease is held over as provided herein,interest on any unpaid amount shall continue to accrue as provided herein. All rents and fees shall be made payable to the Contra Costa County Flood Control&Water Conservation District, and shall be mailed by first class mail, postage prepaid, or personally delivered to the District at 255 Glacier Drive, Martinez, California 94553, or as District may designate in writing from time to time. 7. DISTRICT'S TITLE Authority hereby acknowledges District's fee title in and to the Premises, and agrees never to assail or to resist District's title. Authority agrees that it has not acquired any title or claim to the Premises beyond that specifically conveyed in this Lease. Authority shall not enter into any agreement or contract with any third parties that extends beyond the extent, terms, or existence of this Lease. 8. AUTHORITY'S OPTION TO PURCHASE THE PREMISES District hereby grants to Authority, or its designee, the exclusive right and privilege to purchase the Premises("Authority's Option"),together with the improvements and appurtenant easements thereon, as described in Exhibit"B"attached hereto, under the following terms and conditions: A. Subject to Subsection E. below, Authority shall have the right to purchase the Premises at any time during the term of the Lease. The purchase price of the Premises shall be that amount described as "Rent" in Section 6. Rent, herein, which amount shall then be known as the "Purchase Amount." B. In order to exercise Authority's Option, Authority must first deliver written notice to District ("Authority's Notice") of Authority's exercise of the option to purchase the Premises, and Authority's Notice must be received by District no later than,May 30, 2009. C. The sale of the Premises to Authority shall be consummated through an escrow to be opened by District after District's receipt of Authority's Notice. Escrow shall close on or before November 30,2009,upon the recordation and delivery of Grant Deed conveying the Premises to Authority, and payment of the Purchase Amount to District. KUDRA c:1 1 1704FCD-SR4Bypass Lse I 1/18/2004 2:37 PM 3 D. Authority shall pay all costs and charges related to the escrow, including,but not limited to, any transfer taxes, recording fees, costs of title policies; or any closing costs. E. Authority's Option shall terminate and be of no further force or effect upon the expiration or earlier termination of this Lease, or November 30, 2009, whichever comes first. F. On the date that escrow closes, District and Authority shall each be released from all liabilities and obligations under this Lease, except where it specifically states in this Lease that those liabilities and obligations shall survive the termination of this Lease, or as provided by law. C. Authority's payment of the Purchase Amount shall be in lieu of the Rent payment described in Section 6.Rent,herein. In the event that Authority issues the Authority's Notice described above within the timeframe and under the terms and conditions described in this Lease, and District receives the payment of the Purchase Amount, Authority shall not be required to make the payment of Rent. 9. SITE IMPROVEMENT Authority shall construct all site improvements ("Improvements") on the Premises as shown on construction plans ("Pians") dated November IS, 2004 (100% design stage), and prepared by Marc Thomas and Company,unless approved in writing by the District's Chief Engineer. Such Plans shall be on file in either the District's or Authority's office. A. Plans and Approval. Authority shall be solely responsible for determining and obtaining all necessary permits and approvals,and for paying any and all necessary fees,before construction of the Improvements may be commenced. All construction of Improvements shall conform with the Plans and shall be constructed or installed in accordance with all applicable statutes,ordinances, building codes, and rules and regulations of District, and such other authority as may have jurisdiction over the Premises and Authority's operations thereon. District's approval, ifany, of Authority's Plans and specifications shall not constitute a representation or warranty as to such conformity,nor shall District's approval be deemed an explicit or implicit approval of any other authority as may have jurisdiction over the Premises, and such responsibility shall remain at all times in Authority. B. Payment and Performance Bonds. Authority shall require its contractors involved with the construction of the Improvements to furnish payment and performance bonds,issued by a surety company licensed to transact business in the State of California, in the penalty sum of one KL:DRA c:111704FCD-SR4Bypass ise 11/18/2004 2:37 PM 4 hundred percent (100%) of the total estimated cost of the construction contract or contracts, guaranteeing the faithful performance of such construction contract or contracts. Those payment and performance bonds shall together be referred to as the "Bonds." The Bonds shall name District as an additional obligee and payee. C. Inspection and Acceptance. All Improvements shall be subject to inspection, testing, and acceptance in accordance with applicable law. D. Notice of Non-Resronsibility. District may post and record a Notice of District Non- Responsibility in accordance with Civil Code Sections 3094 and 3129. 10. ALTERATIONS AND ADDITIONS Following completion of the Improvements and facilities as herein agreed to,Authority shall not make any material alterations to,or erect any additional structures or make any material improvements on the Premises without the prior written consent of the District's Chief Engineer,which consent shall not be unreasonably withheld. Any alteration or addition approved by District shall be constructed at the sole expense of Authority. 11, MAINTENANCE, REPAIR,AND STORAGE Authority shall, at its sole cost and expense throughout the term of this Lease, maintain the entire Premises. Upon written notice by District, Authority shall perform whatever reasonable maintenance District deems necessary. 12. USE OF PREMISES Authority shall use the Premises only for the construction, operation, and maintenance of road improvements and infrastructure related to the State Route 4 Bypass — Segment l project, except as otherwise provided herein or as agreed by District and Authority, in writing. 13. CONDITION OF THE PREMISES Except as otherwise expressly stated in this Lease, the Premises are conveyed in an "as is" physical condition with no warranty, express or implied, on the part of District as to the condition or geology of the soil,or any existing improvements on the Premises. Except as provided in this Section,it shall be the sole responsibility of Authority,at its sole cost and expense,to investigate and determine the suitability of KL:DRA c:I I I704FCD-SR4Bypass Lse 11118/2004 2:37 PM 5 the soil,geology,environmental,and seismic conditions of the Premises for Authority's intended use and development. 14. COMPLIANCE WITH LAWS; HAZARDOUS_MATERIALS Authority shall at all times comply with all applicable laws,rules,and regulations of federal,state or local governmental agencies, including, without limitation, all laws, rules, and regulations relating to "Hazardous Materials." The term "Hazardous Materials" shall mean any toxic substance, hazardous substance, hazardous or radioactive material, or hazardous waste, pollutant or contaminant which is or during the term of this Lease becomes regulated by any local governmental authority, the State of California, or the United States government. Except in strict compliance with all governmental approvals,applicable laws and regulations pertaining to Hazardous Materials,Authority shall not cause or permit the presence, use,handling, generation, emission,release, discharge, storage, or disposal of any Hazardous Materials on,under,in,or about the Premises. Authority shall indemnify,protect,defend,and hold harmless District from and against all liability,and consequential damages,penalties,expenses,and costs of any required or necessary testing,remediation,repair,removal,cleanup,or detoxification,of the Premises and surrounding properties, and from and against the preparation of any cleanup,remediation, closure or other required plans, whether such action is required or necessary prior to or following the expiration or termination of this Lease,to the full extent that the same is attributable to the use,handling, generation, emission, release, discharge, storage, or disposal of Hazardous Materials by Authority, its agents, employees, subtenants, or contractors during the term hereof. Authority shall at all times notify District of any Hazardous Materials present, used, generated, handled, emitted, released, discharged, stored, or disposed of on or from the Premises. Notwithstanding the foregoing, notice shall not be required for Hazardous Materials present on the Premises in reasonable quantities which are commonly used in Authority's approved operations on the Premises,including,but not limited to,cleaning materials, motor oils, and hydraulic fluids, provided such Hazardous Materials are used and disposed of in accordance with law,or for materials which are first designated as Hazardous Materials after expiration of the term of this Lease. The indemnification provisions of this Section shall survive the termination of this Lease. 15. SECURITY District shall have no obligation to provide security to the Premises. All security to the Premises shall be KL:DRA c:i 11704FCD-SR4Bypass Lse 11118/2004 2:37 PM 6 Authority's responsibility. 16. HOLD HARMLESS AND INDEMNIFICATION Authority shall indemnify, defend, save, protect, and hold harmless Contra Costa County and District, their officers, agents and employees from any and all claims, costs, 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 Authority's performance of its operations, the acts, errors or omissions of Authority, or its agents, contractors,guests,or employees,or the use and possession of the Premises,by Authority or Authority's agents, contractors, guests, or employees, or by the public, save and except claims or litigation arising through (and only to the extent of) the sole negligence or sole willful misconduct of the District, its officers or employees, and,if required by the District,Authority will defend any such actions at its sole cost and expense. 17. ENVIRONMENTAL MITIGATION Authority's construction of the State Route 4 Bypass may have potentially significant environmental or cultural impacts. In the event that any of Authority's work requires mitigation of any type, Authority shall accept all responsibility, liability, and obligation for any such mitigation, and District shall not be responsible or liable for any such impacts,nor shall District be obligated to perform or to pay for any such mitigation. Authority shall hold District harmless and shall specifically indemnify District for any such mitigation. 18. INSURANCE Authority shall procure and maintain, at its own cost, and expense, at all times during the term of this Lease,the following policies issued by insurance companies authorized to do business in California,with a financial rating of at least an A + 3A status as rated in the most recent edition of Best's Insurance Reports: A. Commercial General Liability and Property Damage. Authority shall obtain and maintain, or cause to be obtained and maintained, owner,landlord, and tenant Commercial General Liability Insurance covering and insuring all parties hereto (including.District, its officers, agents, and employees, as an insured under the policy or policies) with a minimum combined single limit KL:DRA c:111704FCD-SR4Bypass Lse 1 1/18/2004 2:37 PM 7 coverage of Five Million and No/140 Dollars($5,000,000.00)for all damages due to bodily injury or death to any person and damage to property, including the loss of use thereof, arising out of each accident or occurrence arising out of ownership,maintenance,or use of the Premises and all operations necessary or incidental thereto. Authority agrees that the insurance requirements contained herein shall be adjusted periodically to maintain adequate coverage. B. Fire Insurance. Authority shall insure all personal property,improvements,and alterations in,on, or about the Premises for fare and extended coverage risks. Such insurance shall be in an amount equal to ninety percent (90%) of the insurable, full replacement value of any improvements located thereon, and shall include vandalism and malicious mischief endorsements. Such fire insurance policies shall contain loss payable endorsements in favor of the parties as their respective interests may appear hereunder. District shall bean insured in such policy or policies. C. Casualty. Authority shall use all insurance proceeds to repair or replace all damaged Improvements. D. Workers'Compensation. Authority shall obtain workers'compensation insurance coverage for all employees of Authority required by law,and,if so required by law,said insurance shall be kept in force during the entire term of this Lease. E. Form of Policies. All policies of insurance required by this Section shall be in such standard form and written by such qualified insurance companies as shall be reasonably satisfactory to District. Evidence of all such insurance described herein shall be provided by Authority by filing with District a copy of the policy and policies,together with a duly executed original declaration pages to the effect that the insurance required by this Lease is extended in favor of and consistent with the terms set forth herein. All of such declaration pages shall specifically state that "Contra Costa County and the Contra Costa County Flood Control and Water Conservation District, their officers, agents and employees" are included as additional insureds ander said policy or policies. All of said policies and declarations shall contain a provision that written notice of policy lapses,cancellation,or any changes thereto shall be delivered to District no fewer than thirty(30) days in advance of the effective date thereto. F. Notice. Authority shall give District prompt and timely notice of any claim made or suit instituted coming to its knowledge which in any way directly,contingently,or otherwise, affects or might affect either,and both shall have the right to participate in the defense of the same to the extent of its own interest. FLORA c:l 11704FCD-SR4Bypass Lse 1 1/18/2004 2:37 PM 8 19. DISTRICT'S RESERVED ACCESS ACROSS PREMISES District,its agents and employees,hereby reserves the right to go onto the Premises at any time,with any vehicles or equipment, to gain access to that property labeled on Exhibit "A 1" as the "Westerly Remainder." 20, ASSIGNMENT AND SUBLETTING Authority shall not sublease, sell, voluntarily assign, or encumber its interest in this Lease, in the Premises,or in the Improvements described in Section 9.Site Improvement,and shall not sublease all or any portion of the Premises, or the Improvements thereon, or allow any other person or entity(except Authority's authorized representatives) to occupy or use all or any part of the Premises, without first obtaining District's written consent. Any such assignment,encumbrance,sale,or sub-lease by Authority shall be voidable and, at District's election, shall constitute a default of this Lease. No consent to any assignment, encumbrance, sale, or sub-lease shall constitute a further waiver of the provisions of this Section or of the Lease. 21. NON-DISCRIMINATION A. The Authority for itself and its representatives,successors in interest,and assigns,as a part of the consideration hereof, does hereby covenant and agree that in the event facilities are constructed, maintained,or otherwise operated on the Premises described in this Lease for a purpose for which a Department of Transportation("DOT")program or activity is extended or for another purpose involving the provision of similar services or benefits, the Authority shall maintain and operate such facilities and services in compliance with all other requirements unposed pursuant to Title 49, Code of Federal Regulations, DOT, Sub-title A, Office of the Secretary, Part 21, Non- discrimination in Federally Assisted Programs of the Department of Trans ortation Effectuation of Title VI of the Civil Rights Act of 1964, (the "Regulations")and as said Regulations maybe amended. B. Authority for itself,its personal representatives,successors in interest,and assigns,as apart of the consideration hereof, does hereby covenant and agree that: 1)no person on the grounds of race, calor, sex,or national origin shall be excluded from participation in,denied the benefits of,or be KUDRA c:111704FCD-sR4Bypass Lse 11/18/2004 2:37 PM 9 otherwise subjected to, discrimination in the use of said facilities, 2)that in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from participation= in, denied the benefits of, or be otherwise subjected to discrimination, and 3)that the Authority shall use the Premises in compliance with all other requirements imposed by or pursuant to the Regulations, and as said Regulations may be amended. C. Authority shall furnish its accommodations and/or services on a fair, equal, and not unjustly discriminatory basis to all users thereof D. Noncompliance with Subsection 21.C. above shall constitute a material breach thereof and,in the event of such noncompliance, District shall have the right to terminate this Lease and the estate hereby created without liability therefor or, at the election of the District or the United States, either or both said Governments shall have the right to judicially enforce the provisions of said Subsection 21.C. E. The Authority assures that it will undertake an Affirmative Action program as required by 14 CFR Part 152, Sub-part E,("Sub-part E")to ensure that no person shall on the grounds of race, creed,color,national origin,or sex,be excluded from participating in any employment activities covered in Sub-part E. The Authority assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this Sub-part E. The Authority assures that it will require that its covered suborganizations, provide assurances to the Authority that they similarly will undertake Affirmative Action programs,and that they will require assurances from their suborganizations, as required by Sub- part E, to the same effort. 22. NOTICES Any and all notices given under this Lease, or otherwise, may be served by enclosing same in a sealed envelope addressed to the party intended to receive same, at its address, and deposited in the United States Post Office as certified mail with postage prepaid. When so given, such notice shall be effective forty-eight (48) hours from the date of the mailing of the same. For the purposes thereof, unless otherwise provided in writing by the parties hereto,the address of District,and the proper party to receive any such notices on its behalf is: CCC Flood Control &Water Conservation District KL:DRA c:!1 i 704FCD-SR4Bypass Lse 11/18/2004 2:37 PM 10 Attn: Chief Engineer 255 Glacier Drive Martinez, California 94553 and the address of Authority is: State Route 4 Bypass Authority 255 Glacier Drive Martinez, CA 94553 23. INVALID PROVISIONS It is expressly understood and agreed by and between the parties hereto that in the event any covenant, condition, or provision contained herein is held to be invalid by a court of competent jurisdiction, such invalidity shall not invalidate any ether covenant, condition, or provision of this Lease, provided, however, that the invalidity of any such covenant, condition or provision does not materially prejudice either District or Authority in their respective rights and obligations contained in the valid covenants, conditions, and provisions of this Lease. 24. LEASE AUTHORIZATION This Lease is made and entered into by District in the exercise of authority of law as recognized and expressly authorized in Section 25536 of the Government Code of the State of California. 25. WAIVER The waiver by District of performance by Authority of any covenant, term, or condition of this Lease shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. 26. MEMORANDUM OF LEASE A Memorandum of Lease may be prepared by District or Authority and may be executed and recorded by the parties hereto, in lieu of recording the entire instrument. 27. REIMBURSEMENT OF DISTRICT'S COSTS Authority shall reimburse District for any costs.District incurs related to Authority's State Route 4 Bypass — Segment 1 project on or related to the Premises, unless agreed to otherwise in writing by the parties hereto. KL DDA c:i i 1704FCD-SR46ypass Lse 11/18/2004 2:37 PM 11 28. LEASE COUNTERPARTS This Lease may be executed in one or more counterparts, each of which shall be deemed a duplicate original, but all of which together shall constitute one and the same instrument. 29. NO THIRD PARTY BENEFICIARIES Nothing in this agreement, express or implied, is intended to confer to any person, other than to Authority, and its respective successors in interest, any rights or remedies under or by reason of this Lease. 30. WRITTEN AGREEMENT Neither party has relied on any promise or representation not contained in this Lease. All previous conversations, negotiations, and understandings are of no further force or effect. This Lease 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 Lease;nor shall they be considered in construing the intent of this Lease. 31. FURTHER ASSURANCES Whenever and so often as requested to do so by the other party, District and Authority will promptly execute and deliver, or cause to be executed and delivered, all such further assurances, documents, or instruments and will promptly do or cause to be done all such other and further things as may be necessary or reasonably required in order to carry out,give effect to,and comply with the terms and intent of this Lease. 32. CONSENTS Whenever consent is required, it shall not be unreasonably withheld. 33. TIME Time is of the essence of each and every provision of this Lease. KL:DRA c:l 11704FCD-sR4Bypass Ise 11/18/2004 2:37 PM 12 34. BINDING ON SUCCESSORS The covenants and conditions herein contained shall,subject to the provisions as to assignment,apply to and bind the heirs, successors, executors, administrators, and assigns of all the parties hereto. SIGNATURES DISTRICT AUTHORITY CONTRA COSTA COUNTY FLOOD CONTROL STATE ROUTE 4 BYPASS AUTHORITY, & WATER CONSERVATION DISTRICT, a a joint exercise of powers authority political subdivision of the State of California By By ,,,M- auTrice M. Shiu, _�" Maurice M. Shiu, �` " Chief Engineer Secretary RECOMMENDED FOR APPROVAL: 1 B 7l areas Laws, Principal Real Pro y Agent v J Dick R. Awenius, Senior Real Property Agent APPROVED AS TO FORM: SILVANO B. MARCHESI, County Counsel By ` Parrs Zaid, Deputy County Counsel KUDRA -:1 I1704FCD-SR4$ypass Lse 11/18/2004 3:54 PM 13 CONLTRA` OSTA CANAL _CTE MOBIL932.60' �94155384--�. POC � ( R�1 _ 4 a SEE/ ,PO - L23----_-r---- - _------- _ GSQ+ `'� DETAIL 5 24 '- �:y" -U nU7Y ESM?� __ ©� �� • x 0.07 ACRES 80 'x'- .�t'jt�, Scott Shortlidge CL Lea y° �'� Exp.12/31/2006' `' ,' ,�, . EASTERLY REMAINDER sty, �� � Na. 6441 AREA x3735 ACRES y 0 w1 � OF C ----- --- ---- - - ., L32 ' . Oy,, X29 L23 � POC 'P WESTERLY REMAINDER �Zn �'� r, Cay �~ O AREA x3.82 ACRES ,- <," -0` L30 60013.3 {�� thy, �'! `- bEACRES UTILITY ESM FEE TAKE •�+ r __ __ 2 0.07 ACRES = 0.88 ACRES �' �� S 52'DD', DETAIL • NTS cp __ 132.29 Course Bearing Distance �ju' S 7'� `+�� S37'26'26"E �Ll S 89'38 40 E 222.89 a �� '' �6 `. '\ 238.40' 1 L2 S 29'31'49E 212.06 PWOW S52'33'34"W L3 S 26'45 36' E 216.36 ♦� r°' ', . 187.29 ! L4 S 35'05 00 E 398.64 I L5 S 45`20 44 E 284.67' •�.> \`� ' X013 L6 S 40'38 05 E 210.04 ` L7 N 40'38'05" W 52.55 V- -7, �, CCC-FLOOD CONTROL L8 N 52' 3'34" EI 68.89' '-0. 7, $ WATER CONSERVATION L9 N 27'17'11" W 90.94` 1• DISTRICT L10 S 17'33'22" E 628,67'l °''� ' ', �' 380Rz t 11 S 20'06'47" E 201.20' , Lit S 25'53'09" E 66.71' `sr o � N79'06'47"E. L13 S 12'44'45" E 54.24' 142.08` L14 S 23'51'34" E 63.04' a' ` L15 N 88'04'19" W 86.39' N10'53'13"W L16 N 28"57 40 W 285.79 20.01 `\ L17 N 16'45'55" W 68.75 POB L18 N 32'14 04 W 60.04 K L19 N 36'51 41 W 269.90 LANDS OF MATEAS 20"1�`"-- � 139.73 L20 ' N 7621-0 6 E 126.69 16517 OR 6'13 ' L21 N 23-45'38" W 494.14 053.060.015 STORM DRAIN I L22 N 28'57'40" W 174.21 ESM7 x0.06 ACRES' L23 !N 31'09 28" W 85.02' r L24 N 27'23'20' W 147.02 LEGEND L25 N 37-26'26"W 137.80 , L26 N 52'.33'34" E 118.47 POC - POINT OF COMMENCING C, L27 N 33'21 03' W 41.07 POB - POINT OF BEGINNING , ! L28 N 44'02 O6 E 68.03 TCE - TEMPORARY CONSTRUC11ON EASEMENT L29 N 76'21'12"E 292.02' I 1 I ! I - RELINQUISHMENT OF ABUTTERS RIGHTS L30 N 89'38'40"W 41.33 L31 N 76'21'12"E 347.92' L32 N 44'02 O6 E 18.70 Curve Radius Length Delta i R L33 N 51'06'32"W 64.89' C1 590.26 243.59 23.38 43 L1 C2 156,45'1160.37'158'43 50 i Marl ROUTE 4 BYPASS j in Contra Costa Thomas & I CONTRA COSTA COUNTY cv Company, f FLOOD CONTROL County, Ca�;foCi�la Inc. Scale 1" = 300' EXHIBIT "A-V j Date 27-Apr-2004 R , p 11 / 15 /2 004 Drown By A ! let to Accompany omega( Description Checked By SAS ! APN 053-060-009 l Y:\SURVEYS\Projects\B1-98042\Drowinga\plats for aquisition\06--0 Flood Control.dwg N88a„48'10"E 62.20 i 60013.8 \ pL LAND 10.42 AC N01`12'31'E `tCE 76,30' Se9 Scott Shortlid e t POB No, Exp.12/31/2006 PO t Na. 6441 'E �::F-- O F t� LEGEND < Ica. POC - POINT OF COMMENCING ! POB - POINT OF BEGINNING ellt� a I TICE w TEMPORARY CONSTRUCTION EASEMENT I I I I I 1 - REUNQUISHMENT OF ABUTTERS RIGHTS \ y too ibD 366 \ SCALE — FEET \ in 60013 CCC - FLOOD CONTROL & \ ,,�, 0WATER CONSERVATION DISTRICT \ a 18'179 OR 299 0 053.032.0-10 \ \\ �t Line Bearing Length \ �# L1 N 29'53'05"W 45.48 j L2 N 6 '06'55"E 15.05' 73 N-6-11 2 31'iE 241.92' L4 N 32:45'46 W 80.30' L6 N 59`10'56"E 139.91' \ �r y 14.64' RELINQUISHMENT OF 10. lip� y ADDITIONAL ABUTTERS 6(1013.9 RIGHTS FEE TAKE 2031 AC PO8 6R TAM RONALD E. NUNN POC % DOC NO. 82-72271 APN 053.072.015 Mark ROUTE 4 BYPASS In Contra Costa Thomas & CONTRA COSTA COUNTY Company' FLOOD CONTROL County, California Inc. Scale 1" = 100' EXHIBIT "A,.2"_-- Date 29—June-2004 DB Drawn By KGS Plat to Accompany Legal Description 11 / 15 /2004 D Checked By SAS APN 053-072--030 Y:\SURVEYS\Projects\81-98042\Drawings\plats for aguisition\06-6 Road Controi.dwg State Route 4 Bypass Segment 1 Parcel 60013 Exhibit " B " Land Description(s) of three parcels of land situate in the City of Antioch, Contra Costa County, State of California; Parcel 1 being a portion of that certain parcel of land described in a Grant Deed conveyed to Contra Costa County Flood Control and Water Conservation District recorded August 14, 1987 in Book 13838, at Page 552 in the Official Records of said County, and Parcel's 2 and 3 being portions of that certain parcel of land described as Parcel 1713.1 in a Grant Deed conveyed to Contra Costa County Flood Control and Water Conservation District recorded January 5, 1993 in Book 18179, at Page 299 in the Official Records of said County; same parcels being more particularly described as follows: Parcel 1 (60013-1)1 Fee Property for Hiahway(CCC Flood Control WCD): Commencing at the northeast corner of said County parcel; 'Thence along the north line of the County parcel,North 89° 38' 40"West—932.60 feet for the Point of Beginning hereof; Thence leaving said north line of and crossing through the County parcel for the following sixteen (16) courses: (1) South 31° 09' 28" East — 85.02 feet for the beginning of a curve to the right, from which point the center bears South 01°44' 20" West, (2) in a southeasterly direction 160.37 feet along the are of said curve to the right,having a radius of 156.45 feet and through a central angle of 58° 43' 50", (3) South 29° 31' 49" East — 212.06 feet, (4) South 26° 45' 36" East — 216.36 feet, (5) South 35° 05' 00" East—398.64 feet, (6) South 45°20' 44"East—284.67 feet, (7) South 401 38' 05" East -- 210.04 feet, (8) North 52° 33' 34" East — 68.89 feet; (9) South 37° 26' 26" East — 137.80 feet, (10) South 52° 33' 34" West — 118.47 feet, (11) South 27° 17' 11" East — 90.94 feet, (12) South 17° 33' 22" East—628.67 feet, (13) South 20° 06' 47" East — 201.20 feet, Page 1 of 4 State Route 4 Bypass Segment 1 Parcel 60013 (14) South 25° 53' 09" East — 66.71 feet, (15) South 12° 44' 45" East — 64.24 feet, and (16) South 23° 51' 34" East -- 63.04 feet to the intersection with the south line of the said County parcel; Thence along the south line of the county parcel,North 88°04' 19"West— 86.39 feet to the south west corner of the said County parcel; Thence along the west line of the County parcel for the following two (2) courses: (1) North 42° 06' 40" West-- 1513.56 feet, and (2) North 28° 57' 40" West -- 285.79 feet for the beginning of a curve to the left, from which point the center bears North 83° 07' 13"West; Thence leaving the west line of and crossing through the County parcel for the following five (5) courses: (1) in a northerly direction 243.59 feet along the arc of said curve to the left, having a radius of 590.26 feet and through a central angle of 23° 38' 43", (2) North 16° 45' 56" West--68.75 feet, and (3)North 32° 14' 04"West—60.04 feet, (4) North 51° 06' 32" West — 64.89 feet, (5) North 23° 45' 38" West — 494.14 feet to the point of intersection with the southerly line of the that certain Grant of Easement to the Oakley Water District recorded on January 30, 1989 as Document No. 89-16898 in the Official Records of said County, Thence along the southerly line of said easement and continuing across the County parcel, North 44° 02' 06" East — 68.03 feet; Thence leaving said southerly easement line and continuing across the County parcel, North 27" 23' 20" West — 147.02 feet to the point of intersection with the said north line of the County parcel; Thence along the north line of the County parcel, South 89°38' 40"East—222.89 feet to the Point of Beginning. Containing 24.61 acres of land area, 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. Page 2 of 4 State Route 4 Bypass Segment 1 Parcel 60013 Parcel 2 60013-3 /Fee Property for Highway CCC Flood Control WCD : Commencing at the southwest comer of said County parcel, Thence along the south line of the County parcel, North 59" 10' 56"East-- 139.91 feet for the Point of Beginning hereof; Thence leaving the south line of and crossing through the County parcel for the following three (3) courses: (1) North 29° 53' 05" West —45.48 feet, (2) South 60° 06' 55" West — 15.05 feet; and (3) North 29' 51' 11" West — 159.40 feet to the point of intersection with the west line of said County parcel, Thence along the west line of said County parcel, North 01° 12' 31" East — 519.45 feet? Theme across the County parcel, South 28° 46' 50" East — 645.90 feet to a southerly corner of said County parcel, Thence along the south line of the County parcel, South 59° 10' 56"West—240.89 feet to the Point of Beginning. Containing 2.51 acres of land area,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. Parcel 3 (60013-6) /Abutter's Rights (CCC Flood Control WCD): 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 along the following described line: Page 3 of State Route 4 Bypass Segment 1 Parcel 60013 .Beginning at the southerly terminus of the above described line taken as South 28° 46' 50"East — 645.90 feet, same terminus point being a southerly corner of the said County parcel; Thence along the south line of the County parcel, South 28°44' 50" East—235.15 feet to a south corner of the same County parcel. Bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 3. Multiply distances shown by 0.99993642 to obtain grid level distances. This description has been prepared at Mark Thomas & Company, Inc., by me, or under my direction, in conformance with the Professional Land Surveyor's Act. ' SH , . �*• tri ;,.,. ' Exp. Scott Shortlidge ��_C n Date 041 ��� Professional Land Surveyor California No. 6441 Page 4of4