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HomeMy WebLinkAboutMINUTES - 12162008 - C.47 G s� Contra TO: BOARD OF SUPERVISORS n: 's Costa 4° FROM: Catherine Kutsuris, Director County,co `Pyl Department of Conservation and Development DATE: December 16, 2008 SUBJECT: AMEND THE AREA SERVED IN EAST COUNTY BY GARAVENTA ENTERPRISES UNDER THE FRANCHISE AGREEMENT WITH THE COUNTY SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AMEND the area served by Garaventa Enterprises under the County Franchise Agreement to reflect annexation of previously unincorporated areas by the City of Pittsburg as approved by the Local Agency Formation Commission (LAFCO). FISCAL IMPACT No impact to the General Fund. Franchise fees.are calculated based on percentage of revenue Garaventa Enterprises received from customers and paid to the Department of Conservation and Development to cover the cost of overseeing the franchise agreement and implementing programs to comply with the Integrated Waste Management Act. Amending the area served by Garaventa Enterprises as recommended will slightly reduce the number of customers served and the amount of franchise fee revenue collected, however, this reduction is not anticipated to be significant. CONTINUED ON ATTACHMENT: ® YES ❑ NO SIGNATURE RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD CO"ITTEE PPROVE OTHER SIGNATURE (S):. ACTION OF BOARD ONbeCe t-ber 10, AAO APPROVidAS RECOMME DED ✓ OJHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND V1 CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS (ABSENTt eM-) ENTERED ON THE MINUTES OF THE BOARD OF AYES: ' NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED��C� � I(P,� bp Contact: Deidra Dingman (925) 335-1224 DAVID TWA, CLERK OF THE cc: Laura Wright, City of Pittsburg BOARD OF SUPERVISORS AND Clark Colvis, Garaventa Enterprises COUNTY ADMINISTRATOR BY , DEPUTY G:\Conservation\Lorna\Franchised Haul ers\Annexations of Hauler Areas\Pittsburg-2008\Garaventa Area Mirant Power Plant Annexation 2008\130- Pittsburg_Annexation_Mirant_Power_Plant_12-2008.doc Amend Area Served by Garaventa Enterprises December 16, 2008 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS The County entered into a Franchise Agreement with Garaventa Enterprises in 1995 which governs solid waste and recycling collection for the majority of unincorporated East County, including unincorporated areas surrounding the City of Pittsburg. Under the Franchise Agreement, Garaventa Enterprises (contractor) agreed that public agency boundaries may be altered by virtue of actions taken by the Contra Costa County Local Agency Formation Commission (LAFCO). Under the agreement, the "County may make such alterations to the Franchise Area as the annexation necessitates" (see Section 33 from the franchise shown in Exhibit A). The City,of Pittsburg has requested that the County amend the Franchise Area boundaries to reflect the recent annexation by Pittsburg known as "Mirant Power Plant Annexation" (LAFCO 06-16). A copy of the letter from the City of Pittsburg including the LAFCO certificate of completion for the annexation is attached as Exhibit B. This letter includes reference to another annexation, which pertains to the service area in the County's Franchise Agreement with Allied Waste Services, that is scheduled for separate consideration by the Board. Staff recommends the Board amend the boundaries of the area served by Garaventa Enterprises to reflect .the above-mentioned annexation. Staff has advised Garaventa Enterprises of this potential change in boundaries of their service area and will follow-up with official written notification if approved by the Board. G:\Conservation\Lorna\Franchised Haulers\Annexations of Hauler Areas\Pittsburg-2008\Garaventa Area Mirant Power Plant Annexation 2008\130- Pittsburg An 008\BO- PittsburgAn nexation_Mi ra nt_Power_Pla nt_12-2008.doc EXHIBIT A ( 3) If in any proceeding to which Contractor is a party, a Receiver is appointed with authority to take possession of Contractor's property such that would affect Contractor' s ability to perform its duties and obligations under this Agreement. (4 ) Except as otherwise provided in Section 31 {Assignability.} , in the event of a probate proceeding where the rights of Contractor under the Agreement would pass to another individual or other individuals. 32 . NOTICE PROVISIONS. Any notice Irequired or •permitted under this Agreement shall be in writing and shall be deemed to have been given if delivered personally or ten ( 10) days after posted by certified mail, return receipt requested, addressed as appropriate either to Contractor: Garaventa Enterprises Attn: Silvio Garaventa, Sr. 4080 Mallard Drive Concord, CA 94520 Or to County: Attention: Director of Community Development 651 Pine Street, 4th Floor North Wing Martinez, California 94.553 33. ANNEXATION AND CHANGE OF FRANCHISE AREA BOUNDARIES. Contractor shall give notice to County by January 30 of the next calendar year of any geographic area in the Franchise Area or immediately contiguous to the Franchise Area, in which Contractor has commenced service within the preceding year, notwithstanding whether Contractor deems that area to be regulated or unregulated. Contractor realizes that the public agency. boundaries may be altered by virtue of actions taken by 'the Contra Costa County Local Agency Formation Commission (LAFCO) . Contractor agrees that should a municipal corporation lawfully annex territory which is within the Franchise Area, County may make such alterations to the Franchise Area as the annexation necessitates. Should the Franchise .Area boundaries be amended, Contractor agrees that it. will abide by any change. resulting from the Franchise Area change. Contractor agrees that the Board of Supervisors may make such alterations to the Franchise Area as are necessitated by such Local Agency Formation Commission actions and shall have no right or claim to damages or other relief against the County for such alterations to the Franchise Area. However, nothing herein is intended to abrogate Contractor' s rights under Public Resources Code Section 49520 or any successor or similar statute. May 2, 1995 17 r. EXHIBIT B City of Pittsburg 65 Civic Avenue Pittsburg, California 94565-3814 Public Services Department—Environmental Affairs (925)252-4110 Fax(925)252-4004 November 18, 2008 Ms. Catherine Kutsuris Conservation and Development Department Contra Costa County 651 Pine Street, 41h Floor North Wing Martinez, CA 94553 SUBJECT: Franchise Area Boundaries—Solid Waste Collection Services Dear Ms. Kutsuris: The City of Pittsburg has recently annexed portions of Bay Point affecting the boundaries of the City as well as services provided by Contra Costa County and other agencies. In particular, this letter is addressing the annexation that affects the solid waste franchise agreement the County has with Allied Waste and Garaventa Enterprises. Contra Costa County has existing franchise agreements with Allied Waste and Garaventa Enterprises in Bay Point. The portion the City has annexed affects the franchise with Allied Waste and Garaventa Enterprises. Please see attached Mirant Power Plant Reorganization (LAFCO 06- 16), Ambrose Park Annexation (LAFCO 07-21) and maps. The City of Pittsburg has an existing franchise agreement with Pittsburg Disposal Services and requests the County amend the boundaries defined in the current agreement with Allied Waste to represent the current City boundaries and take appropriate action to relinquish its jurisdiction areas recently incorporated into the City of_Pittsburg. If any additional information is required or clarification needed regarding the enclosed information, please contact me at (925) 252-4114. Please keep us informed as to any action or correspondence pertaining to this issue. Sincerely, Laura L. Wright Sr. Administrative Analyst Attachments: Mirant Power Plant Reorganization (LAFCO 06-16) Ambrose Park Annex (LAFCO 07-21) cc: Matt Rodriguez, Deputy City Manager C-ON I RA CMTA T�C)CAL r�GENC i'FCRNI I i 0'N Co tSSY 11 6 'Z P.irte Street;:SirEh 'toot - 11�[ rtinew,�A'y553 1229 % 351p94 (9Yb46-1228 FAX; EXHIBIT B July 22, 2008 NOTIFICATION OF COMPLETED DISTRICT BOUNDARY CHANGE TO: Distribution List FROM: Lou Ann Texeira, Executive Officer SUBJECT: LAFCO 06-16— Mirant Power Plant Reorganization: Annexations to City.of Pittsburg and Delta Diablo Sanitation District Please be advised that the proceedings for the above-referenced boundary change have been completed. Enclosed is LAFCO's Certificate of Completion. The effective date of the change is June 25, 2008. Please call the LAFCO office if you have any questions. Distribution List: • Marc Grisham, City of Pittsburg Kristin Vahi, City of Pittsburg Gary Darting, Delta Diablo Sanitation District • County Departments Dennis Barry, Community Development Heather Kennedy; Community Development Candy Lopez, Elections Sherman Quinlan, Environmental Health Bob Campbell Auditor- Property Tax Division Rich Seithel, CAO Lynette Stone,Assessor Julie Bueren, Public Works Patricia Edwards, Public Works Special Districts Greg Connaughton, Flood Control/Public Works Chris Lau, Roads/Public Works Jim Stein, Surveyor/Public Works Lem Hunt, Records/Public Works Henry Finch, Pavi ng/Public.Works Frank Scudero, Sheriff-Coroner CAD RMS Technician, Sheriff-Coroner Pat Burke, CCTV STATE OF CALIFORNIA STATE BOARD OF EQUALIZATIONBETTY T.YEE First District,San Francisco PROPERTY AND SPECIAL TAXES DEPARTMENT 450 N STREET,MIC:59,SACRAMENTO,CALIFORNIA BILL LEONARD PO BOX 942879,SACRAMENTO CALIFORNIA,94279-0059 V- a c Second District,Ontario V-. +•^ r TELEPHONE(916)322-7189 MICHELLE STEEL FAX(916)327-4251 t3}- -' { �....-.•-�• '� � Third District,Santa Ana http;/1www.boe.ca.govl np � JUDYCHU Fourth District,Los Angeles 1 L St JOHN CHAING Controller.Sacramento Ms. Lou Ann Texeira, Executive Officer ��h- --l--a ;��Y A Contra Costa LAFCa r,, L+,,,,t1t,�l1 jS}ON tiAMON J.Director Executive Director 651 Pine St., 6th FL �` F0 1 Ti ~--- Martinez, CA 94553 This is to acknowledge receipt of the statement(s) required by Section 54900,et seq., of the Government Code for the action described below. Copies of your documents will be forwarded by us to other agencies. You are required by Section 54902 of the Government Code to file a complete set of documents, except for the processing fee, with the County Assessor and Auditor affected by this action. Tax rate area boundaries and property tax allocations will become effective for the assesment roll indicated below. BOE File FIs • Assessment Roll: 2009110 Received , ; County: 07 Contra Costa Date • Acknowledgement'. ' "' o • District: 01 CITY-PITTSBURG[0018] Conducting Authority: LAFCO Short Title: MIRANT POWER PLANT REORG:ANX.TO THE CITY OF PITTSBURG& DELTA DIABLO SA Type of Action: 02 City-Annexation Resolution/Ord. No.: LAFCo No.: 06-16 Effective Date: 06/25/2008 Fee: $3,000.00 Acreage: 1467 s Ralph Davis Research Manager(GIS) Tax Area Services Section cc:County Assessor, County Auditor acknowledget.fr3 Recording Requested By: IIII Ill III I III II��IIII��111 I II lull I IIII CONOfficeI III I!III fiRA.COSTA Co Recorder LAFCO STEPHEN L. MR, Clerk-Recorder Contra Costa Local Agency Formation Commission DISC— 2008-0142559-00 Return to: Wednesday, JUN 25, NOS 14:05:20 FRE LAFCO Ttl Pd $0,00 Nbr-000412874@ 651 Pine Street,Sixth Floor Martinez,CA 94553 925/335-1094 FAX 925/646-1228 No Fee Per Government Code 6103. CERTIFICATE OF COMPLETION As Executive Officer of the Contra Costa Local Agency Formation Commission, I hereby certify that the attached documents are complete and in accordance with the boundaries, modifications and conditions specified by the Commission .in its Resolution No. 06-16 approving this action. . 1: The kind of change of organization or reorganization and the short-form designation of the proceeding is: LAFCO 06-16— Mirant Power Plant Reorganization: Annexations to the City of Pittsburg and Delta Diablo Sanitation District 2. The entire affected agency or agencies are located in Contra Costa County. 3. The territory is inhabited, all landowners have given written consent, all affected agencies that will gain territory as a result of the change of organization have consented and the conducting authority proceedings have been waived. 4. The Local Agency. Formation Commission's resolution of approval, which was adopted on May 14, 2008 is made a part of this certificate by reference and sets forth the .description of the .boundaries of the proposal and any terms and conditions that apply. - Date: June 25, 2008 Ixecutive ANN TEXEIRA Officer RESOLUTION NO. 06-16 RESOLUTION OF THE CONTRA COSTA LOCAL AGENCY FORMATION COMMISSION MAKING DETERMINATIONS AND APPROVING THE MIRANT POWER PLANT REORGANIZATION: ANNEXATIONS TO THE CITY OF PITTSBURG AND DELTA DIABLO SANITATION DISTRICT WHEREAS, the;above-referenced proposal has been filed with.the Executive Officer of the Contra Costa Local Agency Formation Commission pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act(Section.56000 et seq. of the Government Code); and WHEREAS, at the time and in the manner required by law the Executive Officer has given notice of the Commission's consideration of the proposal; and WHEREAS, the Commission heard, discussed and ,considered all oral and written testimony related to the proposal including,but not limited to; the Executive Officer's report and recommendation, the environmental documents and determinations, Spheres of Influence and applicable General and Specific Plans; and WHEREAS,. information. satisfactory to the Commission has been presented that no affected landowners/registered voters within the reorganization area object to the proposal; and WHEREAS, the. annexing agencies have consented to waiving the conducting authority proceedings; and WHEREAS, the Local Agency Formation Commission determines the proposal to be in the best interests of the affected area and the total organization of local governmental agencies within Contra Costa County; NOW, THEREFORE, the Contra Costa Local Agency Formation Commission DOES HEREBY RESOLVE,DETERMINE AND ORDER as follows: 1. . The Commission determines that -the City of Pittsburg, as Lead Agency, prepared and certified the Mirant Reorganization —Delta Diablo Sanitation District's Sphere of Influence . Amendment and Annexation Negative Declaration (February 2008) and the Mirant Power Generation Plant Annexation General Plan Amendment and Rezoning Negative Declaration (July 2006). 2. Certify that the Commission has reviewed and considered the information contained in the CEQA documents prepared by the City of Pittsburg. 3. Said annexation is hereby approved. 4. The subject proposal is assigned the distinctive short-form designation: MIRANT POWER PLANT REORGANIZATION; ANNEXATIONS TO THE CITY OF PITTSBURG AND DELTA DIABLO SANITATION-DISTRICT l Contra Costa LAFCO Resolution No. 06-16 4. Said territory is found to be inhabited. 5. The boundaries of the affected territory are found to be definite and certain as approved and set forth in Exhibit A, attached hereto and made a part hereof. 6. The subject territory shall be liable for any authorized or existing taxes, charges and assessments'comparable to properties within the annexing agencies. 7. Prior to recordation, the applicant shall deliver an executed indemnification agreement between the applicant and Contra Costa LAFCO providing for the applicant to indemnify LAFCO against any expenses arising from any legal actions challenging the annexation. 8. Satisfactory proof having been given that no affected landowners/registered voters oppose the reorganization, and the annexing agencies have given written consent to the waiver of conducting authority proceedings, said conducting authority proceedings are hereby waived. 9. All subsequent proceedings in connection with this annexation shall be conducted only in compliance with the approved boundaries set forth in the attachments and any terms and conditions specified in this resolution. PASSED AND ADOPTED THIS 14`h day of May 2008,by the following vote: AYES: Allen,Bristow, Glover, Meadows,D. Piepho, Schroder, Uilkema NOES: ABSTENTIONS: ABSE T . ROB SCHRODER, CHAIR, C NTRA COSTA LAFCO I hereby certify that this is a correct copy of a resolution passed and adopted by this Commission on the date stated. Dated: May 14, 2008 Lou Ann Texeira, Executive Officer JUN 13 2Q00 EXHIBIT"B" CITY OF PITTS13URG PLANNING DEPARTMENT MIRANT POWER PLANT ANNEXATION TO THE 'C AVF.PITTSBURG 9456ZELTA DIABLO SANITATION DISTRICT—LAFCO 06-16 Being a portion of Swamp and Overflowed Land of Contra Costa County known as Survey No.77 and a portion of projected Sections 12 and 1,Township 2 North,Range 1 West,and a portion of projected Sections 5,6,7 and 8,Township 2 North,Range 1 East,Mount Diablo Base and Meridian in the Rancho Los Medanos,situate in the unincorporated area,County of Contra Costa,State of California,more particularly described as follows; BEGINNING at a point on the northerly right-of-way line of Willow Pass Road,60.00 feet wide,said point being also an angle point in the existing City Limits Line of the City of Pittsburg,more particularly described as the intersection of the northerly line of that certain 21.62 acre parcel known as Annexation Area#107,"Affmito-Del Monte",recorded December 28,1987 as City Council Resolution No.87-7251 and the westerly line of that certain 3.79 acre parcel known as Annexation Area#82,"Cole Territory",recorded August 14,1970 as City Council Resolution 4672;said point being also the southeasterly corner of the parcel of land described as Parcel 4 in the deed from PG&E to Southern Energy Delta LLC recorded April 16, 1999 as Document No.99-0103318-00,Official Records of Contra Costa County; Thence,leaving said POINT OF BEGINNING and following the existing City Limits Line of the City of Pittsburg,westerly along said northerly right-of-way line of Willow Pass Road,(being the existing City Limits Line as established by said northerly line of Annexation Area"Affinito-Del Monte"and the northerly line of that certain 186.00 acres parcel known as Annexation Area#114,"Willow Pass",recorded August 05,1991 as City Council Resolution No.91-7716),the following(3)courses and distances: 1. N 88051'32"W,5125.45 feet to the beginning of a tangent curve to the left, 2. Along the arc of said tangent curve to the left,having a radius of 439.28 feet, through a central angle of 28051'13",an arc distance of 221.22 feet, 3. N 27042'46"W,15 A 0 feet; Thence,leaving said existing City Limits Line and running along the northeasterly and northwesterly boundaries of Parcel 1 as described in the Grant Deed recorded January 7,2003 as Document No.2003-0008155,Records of Contra Costa County,the following(2)courses and distances: 4. N 71018'03"W, 1487.64 feet, 5. S 15049'24"W,671.12 feet to the northeasterly right-of-way line of the Atchison, Topeka&Santa Fe Railroad; Thence,southeasterly along the northeasterly right-of-way line of said Atchison,Topeka& Santa Fe Railroad, 6. S 71016'17"E,101.39 feet to the beginning of a non-tangent curve to the left,from which point the center of the curve bears N 18042'01"E, 17,138.73 feet, V.\54.0245\W0rd\M1RANT POWER PLANT ANNEX.5-29.08.doc Pagel of 5 easternmost line of"Annexation#'113,Riverview Marina Boundary Reorganization"recorded May 7,1990 as City Council Resolution No.90-7574;said prolongation being also the westerly City Limits Line as established by that certain 1527.00 acre parcel known as Annexation Area#78,"Industrial Territory#1",recorded December 26,1968 as City Council Ordinance No.565; Thence,continuing along said City Limits Line, 15. S 17016'38"W,2080.8 feet more or less to an angle point therein,said angle point being more particularly defined as the southeastern extremity of the northeasterly line of said"Annexation#113"; Thence,continuing along said City Limits Line,along the northeasterly,northwesterly and westerly boundaries of said"Annexation#113"the following 3(three)courses: 16. N 56°2.3'22"W,606.42 feet, 17. S 71030'13"W,300.00 feet and 18. S 17°21'38"W,450.00 feet to the northerly line of a that certain 3.25 acres parcel known as Annexation Area#92,"PG&E Beach Park',recorded May 09,,1974 as City Council Resolution No.5034; Thence,continuing along said City Limits Line,westerly,southerly and easterly,along the lines of Annexation Area"PG&E Beach Park",the following six(6)courses and distances: 19. N 88052'52"W,634.77 feet 20. S 16055'26"E, 16.97 feet; 21. S 87058'31"E,219.58 feet; 22. S 01058'56"W,25.00 feet; 23. S 88001'04"E,284.74;and 24. S 63058'46"E,313.85 feet to an angle point in said existing City Limits Line,said angle point being also on the westerly boundary of that certain 10.08 acre parcel known as Annexation Area#37, "Montezuma Sewage Treatment Plant",recorded April 6,1953 as City Council Resolution 3007-A; Thence,southerly along said westerly boundary,the following 2(two)courses: 25. S 17°38'1 8"W,598.73 feet and 26. N 72025'04"W,26.94 feet to an angle point in said Annexation Area"Montezuma Sewage Treatment Plant'; Thence,continuing along said existing City Limits Line as established by the following existing annexations:the westerly line of said 10.08 acre parcel known as"Annexation Area#37,"Montezuma Sewage Treatment Plant",the westerly lines of the 2.78 acres parcel known as Annexation Area#66,"C.M.E.Church Territory",recorded September 15, 1964 as City Council Resolution No.3958,the westerly line of the 9.86 acres parcel known as Annexation Area#20,`Bayside Knolls Unit#1",recorded July 06, 1949 as City Council Ord. No.140 C.S.and the westerly line of the 5.33 acres parcel known as'Annexation Area.#25, "Bayside Knolls Unit#2",recorded August 09, 1950 as City Council.Ord.No.159 C.S., \tA54-02451WordWIRANT POWER PLANT ANNEX.5-29-08.doc Page 3 or 5. r 7. Along the arc of said non-tangent curving having a radius of 17,138.73 feet, through a central angle of 04005'46",an arc length of 1225.26 feet to the westerly line of that certain parcel known as Annexation#114,"Willow Pass",recorded August 5, 1991 as City Council Resolution No.91-7716; Thence,southwesterly along the Easterly line of said"Annexation#114", 8. S 15028'02"W,200.02 feet to the southwesterly right-of-way line of Union Pacific Railroad and the beginning of a non-tangent curve to the right from which point the center of the curve bears,N 14°36'51"E,17,338.73 feet; Thence,northwesterly along the southwesterly line of said Union Pacific Railroad, 9. along the arc of said non-tangent curve having a radius of 17,338.73 feet,through a central angle of 04105'10",an arc length of 1236.57 feet, 10. N 71°16'17"W,817.04 feet to the existing City Limits Line as previously established by the northeasterly line of that certain 59.45 acres parcel known as Annexation #97,"Dobrich Annexation",recorded April 02, 1979 as City Council Resolution No.79-6400; Thence,along the existing City Limits Line,northwesterly along said southwesterly right-of- way line of the Union Pacific Railroad,being also the northeasterly line of said"Dobrich Annexation"parcel, 11. N 71017'46"W, 1049.18 feet to the westerly boundary line of Rancho Los Medanos; Thence,leaving the existing City Limits Line and running along said westerly boundary line of Rancho Los Medanos,being also the easterly line of the parcel of land described as Parcel 8 in Document No.99-0103318-00 and the tract of land known as Survey Number 77,Swamp and Overflowed Land of Contra Costa County,last said tract being also described as Parcel 3 in.said Document No.99-0103318-00, 12. N 00004'33"E,1908.94 feet to the southwesterly corner of the parcel of land described as Parcel 38 in the deed from California Water Service Company to Contra Costa County Water District recorded February 16, 1961 in Book 3807 at page 369,Official Records of Contra Costa County; Thence,continuing along said westerly boundary of Rancho Los Medanos, 13. N 00004'33"E, 4157 feet more or less to the point of intersection with the curved dividing line between Solano and Contra Costa Counties,from which point the center of a non- tangent curve to the left(concave to the northeast)bears N 150 45'15'-'E,22,890 feet; Thence, 14.-southeasterly along said curved County Limits Line between Solano and Contra Costa Counties,along the arc of said non-tangent curve to the left having a radius of 22,890 feet;through a central angle of 32°17'45",an arc distance of 12,902 feet more or less to the existing City of Pittsburg City Limits Line-as determined by the northerly prolongation of the VA5"245%wordW(RANT POWER PLANT ANNEX.5.29-08.doc Page 2 of 5 27. S 17037'15"W, 1713.16 feet to an angle point in said existing City Limits Line, said angle point being also on the northeasterly line of the 21.62 acres parcel known as Annexation Area#17,"Parochial School Property,South of W.0 Street",recorded November 12,1948 as City Council Ord.No. 112 C.S.; Thence,along said northerly and westerly lines of last said Annexation Area#17, "Parochial School Property,South of W.4a`Street",the following three(3)courses and distances: 28. N 72022'45"W,498.73 feet, 29. S 04012'24"E,868.26 feet to the beginning of a tangent curve to the right;and 30. along said curve to the right,having a radius of 1298.57 feet,through a central angle of 21047'00",an arc length of 493.70 feet;to the northerly right-of-way line of the Sacramento Northern Railroad; Thence,leaving said northerly line and continuing to follow the existing City Limits Line, 31. S 17°34'36"W, 101.68 feet to the southerly right-of-way line of Sacramento Northern Railroad(100 feet wide); Thence,westerly along said southerly right-of-way line of Sacramento Northern Railroad, being also the existing City Limits Line as established by the following annexations:the northerly lines of the 13.02 acres parcel known as Annexation Area#24,"West Side Addition #4(Skating Rink)",recorded June 07, 1950 as City Council Ord. No.156 C.S.,the northerly line of the 6.02 acres parcel known as Annexation Area#30,"West Side Addition#5 (Crabbe,Russo,Et al)",recorded January 07,1952 as City Council Ord. No.208 C.S.,the northerly line of the 2.35 acres parcel known as Annexation Area#42,`Srandstad,Doherty- Reuland Inc.",recorded July 19,1954 as City Council Ord. No.278 C.S.,the northerly line of the 1.77 acres parcel known as Annexation Area#43, "Pacific Electric Motor Company Property",recorded January 11, 1956 as City Council Ord.No.304 C.S.,the northerly line of the 2.7 acres parcel known as Annexation Area#49, "West Side Addition#6",recorded May 24,1956 as City Council Ord.No.316 C.S.and the northerly line of the 3.79 acres parcel known as Annexation Area#82,"Cole Territory",recorded August 14,1970 as City Council Resolution No.4672, 32. N 82048'42"W,1448.73 feet; Thence,leaving said southerly right-of-way line of Sacramento Northern Railroad along the westerly line of last said Annexation Area parcel#82,"Cole Territory"the following three(3) courses: 33. S 07015'32"W,1.04 feet to the beginning of a non-tangent curve to the left,from which point the center bears S 820 40'05"E,537.00 feet, 34.southerly along said non-tangent curve having a radius of 537.00 feet,through a central angle of 6104'08",an arc length of 56.88 feet,and 35. S 01011'30"W,695.83 to the POINT OF BEGINNING. V:154-02451wordWIRANT POWER PLANT ANNEX,5-29.08.doc Page 4 of 5 Containing: 1426 acres,more or less. The Basis of Bearings was taken as the bearing between NGS points"P3716+33.00 EBMUD, 1991"and"HPGN Densification Station CA 04 HK;1993",N 87°32'34"W as shown on Record of Survey,RS 2416,filed in Book 116 of Licensed Surveyor's Maps at Page 47, Contra Costa County Records.This is the Grid Bearing based on the California Coordinate System,NAD 83,Zone 3. Prepared on June 12,2008,by AL.S. 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Tn Z CZ Q 6 � 0 p a �A' tA to o � �n >r 0 SD 7 r 9Z0-OOt-960 NdV RECEIVED JUN 13 200B EXHIBIT KB" C{r y Or PI?'TSB'URG IIBR565 CVC AVE.AVPITTSBURG MIRANT POWER PLANT ANNEXATION TO THE CITY OF PITTSBURG-LAFCO 06-16 Being a portion of Swamp and Overflowed Land of Contra Costa County known as Survey No.77 and a portion of projected Sections 12 and 1,Township 2 North,Range 1 West,and a portion of projected Sections 5,6,7 and 8,Township 2 North,Range 1 East,Mount Diablo Base and Meridian in the Rancho Los Medanos,situate in the unincorporated area,County of Contra Costa,State of California,moreparticularly described as follows; BEGINNING at a point on the northerly right-of-way line of Willow Pass Road,60.00 feet wide,said point being also an angle point in the existing city limits line of the City of Pittsburg,more particularly described as the intersection of the northerly line of that certain" 21.62 acre parcel known as Annexation Area#107,"Affinito-Del Monte",recorded December 28,1987 as City Council Resolution No.87-7251 and the westerly line of that certain 3.79 acre " parcel known as Annexation Area 482,"Cole Territory",recorded,August 14,1970 as City Council Resolution 4672;said point being also the southeasterly comer of the parcel of land described as Parcel 4 in the deed from PG&E to Southern Energy Delta LLC recorded April 16, 1999 as Document No.99-0103318-00,Official Records of Contra Costa County; Thence,leaving said POINT OF BEGINNING and following the existing city limits line of the City of Pittsburg,westerly along said northerly right-of-way line of Willow Pass Road,(being the existing city limits line as established by said northerly line of Annexation Area"Affnito-Del Monte"and the northerly line of that certain 186.00 acres parcel known as Annexation Area#114,"Willow Pass",recorded August 05,1991 as City Council Resolution No.91=7716),the following(18)courses and distances: 1. N 88051'32"W,5125.45 feet to the beginning of a tangent curve to the left; 2. Along the are of said tangent curve to the left,having a radius of 439.28 feet, through a central angle of 28°51'13",an arc distance of 221.22 feet, 3. N 27°42'46"W,15.10 feet to the point of beginning of a non-tangent curve to the left;from which point the center of said curve bears S 27°42'45"E,454.28 feet, 4. Southwesterly along the arc of said non-tangent curve having a radius of 454.38 feet,through a central angle of 27°53'49",an arc Iength of 221.19 feet,. 5. S 34'23'47"W,136.28 feet, 6.. S 15-32'19"W,307.10 feet, 7. S 15'28'02"W,198.47 feet to the point of beginning of a non-tangent curve to the right,from which point the center of the curve bears N 70°46'21"W,190.00 feet, 8. Along the are of said non-tangent curve having a radius of 190.00 feet,through a central angle of 52°49'59",an arc length of 175.20 feet, 9. S 72003'38"W,138.31'feet, 10. S 87°23'49"W,288,39 feet, 11. N 00054'25"E,43.92 feet, 12. S 87°23'49"W,76.31 feet, 13. S.08°56'06"W,50.03 feet, 14. S 88°38.'52"W,316.52 feet, V%54.02461wordlMIRANT POWER PLANT ANNEX.2.16-07 CRT FINAL.doc Page 1 of 5 15. S 00055'25"W,11.91 feet, 16. N 89°06'25"W,704.23 feet, 17. N 00-53'10"E,12.00 feet and 18. N89°06'50"W,330.00 feet, Thence,leaving said northerly right-of-way line of Willow Pass Road and continuing along the city limits line as previously established by the easterly line of that certain 59.45 acres parcel known as Annexation Area#97,"Dobrich Annexation",recorded April 02,1979 as City Council Resolution No.79-6400, 19.N 00"53'1 0"E,791.15 feet to the southwesterly right-of-way line of Union Pacific Railroad; Thence,continuing along the existing city limits line,northwesterly along said southwesterly right-of-way line of the Union Pacific,Railroad,being also the northeasterly line of said "Dobrich Annexation"parcel, 20. N 71°17'46"W,1049.18 feet to the westerly boundary line of Rancho Los Medanos; Thence,leaving the existing City Limits Line and running along said westerly boundary line of Rancho Los Medanos,being also the.easterly line of the parcel of land described as Parcel 8 in Document No.99-0103318-00 and the tract of land known as Survey Number 77,Swamp and Overflowed Land of Contra Costa County,last said tract being also described as Parcel 3 in said Document No.99-0103318-00, 21. N 00°04'33"E,1908.94 feet to the southwesterly comer of the parcel of land described as Parcel 38 in the deed from California Water Service Company to Contra Costa . County Water District recorded February 16,1961 in Book 3807 at page 369,Official Records of Contra Costa County; Thence,continuing along said westerly boundary of Rancho Las Medanos, 22. N 00°04'33"E, 4157 feet more or less to the point of intersection with the curved dividing line between Solano and Contra Costa Counties,from which point the center of a non- tangent curve to the left(concave to the northeast)bears N 15°45'1 511E,.22,890 feet; Thence, 23. southeasterly along said curved County Limits Line between Solana and Contra Costa Counties,along the arc of said non-tangent curve to the left having a radius of 22890 feet,through a central angle of 32°17'45",an aro distance of 12902 feet more or less to the existing City of Pittsburg City Limit Line as determined by the northerly prolongation of the easternmost line of"Annexation#113,Riverview Marina Boundary Reorganization"recorded May 7,1990 as City Council Resolution No.90-7574;said prolongation being also the westerly city limits line as established by that certain 1527.00 acre parcel known as Annexation Area#78,"Industrial Territory#i",recorded December 26, 1968 as City Council Ordinance No.565; VA54-0245NMrd1MIRANT POWER PLANT ANNEX.2-36-07 CRT FINAL.doc Page 2 of 5 Thence,continuing along said City Limit.Line, 24. S 17°16'38"W,2080.8 feet more or less to an angle point therein,said angle•point being more particularly defined as the southeastern extremity of the northeasterly line of said"Annexation#113"; Thence,continuing along said City Limits Line,along the northeasterly,northwesterly and westerly boundaries of said"Annexation#113"the following 3(three)courses: 25. N 56623'22"W,606.42 feet, 26. S 71030'13"W,300.00 feet and 27. S 17021'38"W,450.00 feet to the northerly line of a that certain 3.25 acres parcel known as Annexation Area#92,"PG&E Beach Park",recorded May 09, 1974 as City Council Resolution No.5034; Thence,continuing along said City Limits Line,westerly,southerly and easterly,along the lines of Annexation Area"PG&E Beach Park",the following six(6)courses and distances: 28. N 88052'52"W,634.77 feet 29. S 16-55'26'E,16.97 feet; 30. S 87°58'31"E,219.58 feet; 31. S 01058'56"W,25.00 feet, 32. S 88"01'04"E,284.74;and 33. S 63058'46"E,313.85 feet to an angle point in said existing City Limits Line,said angle point being also on the westerly boundary of that certain 10.08 acre parcel known as Annexation Area#37, "Montezuma Sewage Treatment Plant",recorded April 6,1953 as City Council Resolution 3007-A; Thence,southerly along said westerly boundary,the following 2(two)courses: 34. S 17°38'18"W,598.73 feet and 35. N 72°25'04"W,26.94 feet to an angle point in said Annexation Area"Montezuma Sewage Treatment Plant": Thence,continuing along said existing City Limits line as established by the following existing annexations:the westerly line of said 10.08 acre parcel known as"Annexation Area#37,"Montezuma Sewage Treatment Plant",the westerly lines of the 2.78 acres parcel known as Annexation Area#66,"C.M.E.Church Territory",recorded September 15, 1964 as City Council Resolution No.3958,the westerly line of the 9.86 acres parcel known as Annexation Area#20,"Bayside Knolls Unit#1",recorded July 06,1949 as City Council Ord. No.140 C.S.and the westerly line of the 5.33 acres parcel known as Annexation Area#25,1 "Bayside Knolls Unit#2",recorded August 09, 1950 as City Council Ord.No.159 C.S., 36.S 17037'15"W,1713.16 feet to an angle point in said existing City Limits Line, said angle point being also on the northeasterly line of the 21.62 acres parcel known as Annexation Area#17,"Parochial School Property,South of W.4`I'Street",recorded November 12, 1948 as City Council Ord.No. 112 C.S.; V'154.0245kftrd\MIRANT POWER PLANT ANNEX.2.16.07 CRT FINAL.doo Page 3 of 5 Thence,along said northerly and westerly lines of last said Annexation Area#17, "Parochial School Property,South of W.4h Street",the following three(3)courses and distances: 37. N 72°22'45"W,498.73 feet, 38. S 04-12'24"E,868.26 feet to the beginning of a tangent curve to the right;and 39. along said curve to the right,having a radius of 1298.57 feet,through a central angle of.21°47'00",an arc length of 493.70 feet,to the northerly right-of-way line of the Sacramento Northern Railroad; Thence,leaving said northerly line and continuing to follow the existing City Limits Line, 40. S 17°34'36W, 101.68 feet to the southerly right-of-way line of Sacramento Northern Railroad(100 feet wide); Thence,westerly along said southerly right-of-way line of Sacramento Northern Railroad, being also the existing City Limits Line as established by the following annexations:the northerly Iines of the 13.02 acres parcel known as Annexation Area#24,"West Side Addition #4(Skating Rink)",recorded June 07,1950 as City Council Ord. No.156 C.S.,the northerly line of the 6.02 acres parcel known as Annexation Area#30,"West Side Addition#5 (Crabber Russo,Et al)",recorded January 07,1952 as City Council Ord. No.208 C.S.,the northerly line of the 2.35 acres parcel known as Annexation Area#42,"Brandstad,Doherty- Reuland Inc.",recorded July 19,1954 as City Council Ord. No.278 C.S.,the northerly line.of the 1.77 acres parcel known as Annexation Area#43, "Pacific Electric Motor Company Property",recorded January 11,1956 as City Council Ord.No.304 C.S.,the northerly line of the 2.7 acres parcel known as Annexation Area#49, "West Side Addition#6",recorded May 24,1956 as City Council Ord.No.316 C.S.and the northerly line of the 3.79 acres parcel known as Annexation Area#82,"Cole Territory",recorded August 14, 1970 as City Council Resolution No.4672, 41. N 82°48'42"W,1448.73 feet; Thence,leaving said southerly right-of-way line of Sacramento Northern Railroad along the westerly line of last said Annexation Area parcel#82,"Cole Territory"the following three(3) courses: 42. S07°15'32"W,1.04 feet to the beginning of a non-tangent curve to the left;from which point the center bears S 82°40'05"E,537.00 feet, 43. southerly along said non-tangent curve having a radius of 537.00 feet,through a central angle of 6°04'08",an arc length of 56.88 feet,and 44. S 01°11'30"W,695.83 to the POINT OF BEGINNING; Containing: 1467 acres,more or less. V.,Z"2451wordWIRANT POWER PLANT ANNEX 2-16.07 CRT FINAL.doo Page 4 of 5 The Basis of Bearings was taken as the bearing between NGS points"P3716+33.00 EBMUD, 1991"and'WGN Densification Station CA 04 HK,1993",N 87°32'34"W as shown on Record of Survey,RS 2416,Recorded in Book 116 of Licensed Surveyor's Maps at Page 47, Contra Costa County Records.This is the Grid Bearing based on the California Coordinate System,NAD 83,Zone 3. Prepared on June 12,2008,by S�0 LALND SUgL O ZNY,INC. 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