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HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-067 r 1 THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA 2 3 Re: Condemnation of Property for Public RESOLUTION OF NECESSITY 4 Road Purposes State Route 4 West No. 99/_17 Gap Project Hercules Area (C.C.P. Sec. 1245.230) 5 6 The Board of Supervisors of Contra Costa County, California,by vote of two-thirds or 7 more of its members,RESOLVES that: 8 Pursuant to Government Code Section 25350.5 and Streets &Highways Code Section 9 943,Contra Costa County in conjunction with the Contra Costa Transportation Authority and 10 Caltrans intend to construct a road project, a public improvement,that consists of adding two 11 new lanes,which will carry westbound traffic,north of the existing, two lane highway more 12 commonly known as Franklin Canyon Load in the Hercules area, and, in connection therewith, 13 acquire interests in certain real property. 14 The properties to be acquired consist of 62 parcels and are generally located in the 15 Hercules area. The said properties are more particularly described in Appendix"A",attached 16 hereto and incorporated herein by this reference. 17 On January 21, 1999,notice of the County's intention to adopt a resolution of necessity 18 for acquisition by eminent domain of the real property described in Appendix"A"was sent to 19 persons whose names appear on the last equalized County Assessment Roll as owners of said 20 property. The notice specified February 9, 1999, at 9:00&m. in the Board of Supervisors 21 Chambers in the Administration Building, 651 Pine Street,Martinez,California, as the time and 22 place for the hearing thereon. At that time the Board of Supervisors continued the hearing to 23 February 23, 1999 at 10:00 a.m. 24 The hearing was held at that time and place,and all interested parties were given an 25 opportunity to be heard and based upon the evidence presented to it,this Board finds,determines 26 and hereby declares the following: 27 1. The public interest and necessity require the proposed project; and 28 RESOLUTION OF NECESSITY 1 1 2. The proposed project is planned and located in the manner which will be most 2 compatible with the greatest public good and the least private injury; and 3 3. The property described herein is necessary for the proposed project; and 4 4. The offer required by Section 7267.2 of the Government Code was made to the 5 owner or owners of record. 6 The County Counsel of this county is hereby AUTHORIZED and EMPOWERED: 7 To acquire in the County's name,by condemnation,the titles, easements and rights of 8 way hereinafter described in and to said real property or interest(s)therein, in accordance with 9 the provisions for eminent domain in the Code of Civil procedure and the Constitution of 10 California: 11 Parcels 1,3,4,5,6,7,12,16,17,18,19,27,30,37,38,39,47,55,56,58, and 61 are to be acquired 12 in fee title. 13 Parcels 2,8,13,14,15,20,21,22,23,24,25,28,29,31,32,33,40,42,43,44,46,48, 49, 51, 14 52,53,54,57, and 59 are to be acquired as permanent easements. 15 Parcels 9, 10, 11, 26, 34, 35, 36, 41,45, 50, 60, and 62 are to be acquired as temporary 16 easements. 17 To prepare and prosecute in the County's name such proceedings in the proper court as 18 are necessary for such acquisition; 19 To deposit the probable amount of compensation based on an appraisal, and to apply to 20 said court for an order permitting the County to take immediate possession and use said real 21 property for said public uses and purposes. 22 PASSED and ADOPTED on February 23, 1999,by the following vote: 23 AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER,AND CANCIAMILLA 24 NOES: NONE 25 ABSENT: NONE ABSTAIN: NONE 26 I HEREBY CERTIFY that the foregoing resolution was duly and regularly introduced, 27 passed and adopted by the vote of two thirds or more of the Board of Supervisors of Contra 28 RESOLUTION OF NECESSITY 2 DJ 2-23-99 l Costa County,California.,at a meeting of said Board of Supervisors of Contra Costa County, 2 California,at a meeting of said Board on the date indicated above. 3 Date: 4 5 T hereby certify that this is a true and correct copy of an action taken 6 and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED �l Phil Batchelor,Cl the Board 8 of Supervisors and County Administrator Z 9 By ,Deputy 10 11 12 Orig. Dept: Public Works Department(RIP) 13 Contact: Karen A. Laws (313-2228) Auditor-Controller 14 County Counsel (Certified copy) 15 16 17 18 19 20 21 22 23 24 25 26 27 HADFarnsruEFS\SLA%WGAP-RNi.wPD 2$ RESOLUTION OF NECESSITY 3 APPENDIX "A" PARCEL 1 (56458.1) FEE Beginning at the intersection of the west line of said C.S. Land Inc. parcel and the southerly line of State Route 4 as described in the Acceptance of Deed for Highway Purposes to Contra Costa County, recorded April 5, 1920 in Road Book Volume 4 at page 200, records of said County, thence South 67°51'40' East, 280.387 meters to a curve concave southwesterly, having a radius of 248.609 meters; thence easterly and southeasterly along the arc of said curve, through a central angle of 14018'44", an arc distance of 62.101 meters; thence North 6604452" West, 52.003 meters; thence North 73036'31" West, 52.750 meters; thence North 740 41' 44" West, 175.778 meters; thence South 32039'54" West, 89.669 meters, to said west line; thence North 10 08'43" East, 129.674 meters to the Point of Beginning. Containing an area of 8,699 square meters, more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. PARCEL 2 (56458-2) UTILITY EASEMENT An easement for Utility purposes and incidents thereto upon, over and across that certain real property described as follows Beginning at the most easterly corner of the hereinabove described PARCEL 1 (56458- 1) said point also being on southwesterly line of State Route 4; thence leaving said Point of Beginning along the southwesterly line of said PARCEL 1 North 6644'52" West, 18.097 meters; thence South 4705827" East, 100.398 meters; thence South 63050'36" East, 164.901 meters; thence South 54002'19" East, 46.737 meters to the easterly line of Said C.S. Land Inc. parcel; thence along said line North 1016'59" East, 11.088 meters to the southwesterly line of said State Route 4; thence along said line the following courses: Along the arc of a non-tangent curve having a radius of 212.205 meters concave southwesterly, a radial to which bears North 38°2936" East, having a central angle of 12020'12", an arc distance of 45.691 meters, North 63°50'36" West, 121.846 meters, Along the arc of a curve having a radius of 224.396 meters, concave northeasterly, a central angle of 15019'15", an arc distance of 60.003 meters, South 4201'33" West, 1.885 meters, North 475827" West, 35.610 meters, and Along the arc of a curve Page 1 of 34 having a radius of 248.609 meters, concave southwesterly a central angle of 5034'24", an arc distance of 24.183 meters to the Point of Beginning Containing an area of 2,249.7 square meters more or less. PARCEL 3 (56457-1) FEE Commencing at the most northerly comer of the parcel of land described in the Final Order of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in Book 11756 at Page 440 records of said County; thence along the northeasterly line of said parcel, South 10041'40" East, 31.297 meters to the Point of Beginning for the herein described parcel; thence North 89059'55" East, 38.783 meters; thence South 101231" East, 15.000 meters; thence South 8003622" East, 29.965 meters; thence South 79029'47" East, 141.722 meters to the northerly line of State Route 4, also being the beginning of a non-tangent curve concave to the south having a radius of 298.687 meters, a radial to said curve bears North 4047'36" East; thence along the arc of said curve through a central angle of 503632", an arc distance of 29.239 meters; thence continuing along the northerly line of State Route 4, South 89°11'04"West, 169.918 meters to the northeasterly line of said State of California parcel (11756 O.R. 440); thence along said line North 10°41'40"West, 47.959 meters to the Point of Beginning. Containing an area of 4,236 square meters more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. PARCEL 4 (56457-2) FEE Beginning at the intersection of the east line of said C.S. Land Inc. parcel (Series No. 98133024), with the northerly line of State Route 4 as described in the Acceptance of Geed for Highway Purposes to Contra Costa County, recorded April 5, 1920 in Road Book Volume 4 at page 200, all records of said County; thence along said east line North 1°08'43" East 44.907 meters; thence leaving said line South 70021'37" West 25.853 meters; thence North 84005'06" West, 53.187 meters; thence North 81008'55" West, 71.619 meters to northeasterly line of State Route 4, being a non-tangent curve concave to the southwest having a radius of 298.687 meters, a radial to said curve bears North 8050'52" East; thence easterly along the arc of said curve through a central angle of 14012`31", an arc distance of 74.074 meters; thence continuing along said State Route 4, South 66056'37" East, 82.693 meters to the Point of Beginning. Containing an area of 2,001 square meters, more or less. Page 2 of 34 This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. PARCEL 5 (56457-3) EEE Beginning at the intersection of the northerly line of the parcel of land described in the Final Order of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in Book 11756 at Page 440 with the southwesterly line of said C.S. Land Inc. parcel, (Series No. 98-133024) all records of Contra Costa County, said southwesterly line also being the northeasterly line of the Burlington Northern & Santa Fe Railroad; thence North 30026`51" West 25.594 meters to the Point of Beginning; thence continuing along said line North 30°26'51" West, 18.381 meters; thence North 67°33'14" West, 14.399 meters; thence North 86044'59" East, 78.979 meters; thence North 88°27'12" East, 64.213 meters; thence North 49°2942" East, 113.377 meters; thence North 57°52'49" East, 65.394 meters; thence North 64016'17" East, 135.823 meters; thence South 76°20'48" East, 31.570 meters; thence South 28°06'17" East, 94.751 meters; thence South 3°07'16" West, 24.743 meters; thence North 76°50'20" West, 33.820 meters; thence North 8011'28" West, 43.206 meters; thence North 27°46'57" West, 33.248 meters; thence North 74°34'29" West, 28.346 meters; thence South 5343'11" West, 87.495 meters; thence South 56003'03" West, 62.850 meters; thence South 62039'24" West, 139.648 meters; thence South 79°34'44" West, 87.636 meters; thence South 89059'17" West, 43.536 meters to the Point of Beginning. Containing an area of 16,088 square meters, more or less. PARCEL 6 (56457-4) EEE Beginning at the northerly terminus of the line described as "North 1"08'43" East 44.907 meters" in the hereinabove described PARCEL 3 (56457-2) said point being on the east line of said C.S. Land Inc. parcel (Series No. 98-133024); thence along the northwesterly of said PARCEL 3 (56457.2), South 70°21'37" West, 25.853 meters; thence North 84005'06" West, 53.187 meters; thence North 77031'40" West, 105.225 meters; thence North 68°17'05" West, 28.748 meters; thence North 5805533" West, 89.375 meters; thence North 63027'02" West 11.114 meters; thence North 4" 31'13" West, 39.763 meters; thence North 30°51'17" West, 20.755 meters; thence North 60018'43" East, 10.173 meters; thence North 4°31'13" West, 53.202 meters to the southerly line of the hereinabove described PARCEL 2 (56457-10); thence along said line the following courses: North 85°28'47" East, 64.336 meters; thence North 89°5954" East 10.362 meters to a curve concave southwesterly having a radius of 219.699 meters; thence along the arc of said curve through a central angle of 23°50'08", an arc distance of 91.397 meters; thence South 66°09'53" East, 95.711 meters to a curve concave northeasterly having a radius of 210.300 meters; thence along the arc of said curve through a central angle of 15°22'57", an arc distance of 56.460 meters to the east Page 3 of 34 line of said C.S. Land Inc. parcel; thence along said east line South 1°08'43" West, 128.820 meters to the Point of Beginning. Containing an area of 46,£39 square meters, more or less. PARCEL 7 (56457-5) PEE Beginning at the northerly terminus of the line described as "North 40 31'13" West, 9.959 meters" in the hereinabove described PARCEL 5 (56457-4); thence South 77056'27" West 44.478 meters to the easterly line of the hereinabove described PARCEL 2 (56457-10); thence along said line, North 4°15'18" West, 18.043 meters; thence North 601118'43" East, 38.453 meters to the southwesterly line of said PARCEL 5; thence along said line South 301051'17" East, 20.755 meters and South 4031'13" East, 9.959 meters to the Point of Beginning. Containing an area of 1,016 square meters, more or less. PARCEL 8 (56457-6) INGRESSIEGRESS EASEMENT An easement for Ingress and Egress purposes upon, over and across that certain real property described as follows: Commencing at the most northerly comer of the parcel of land described in the Final Order of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in Book 11756 at Page 440 records of said County; thence South 79018'20" West 2.862 meters to the Point of Beginning for the herein described parcel; thence continuing along said line South 79018'20" West, 11.341 meters; thence north 3012'44" East, 12.831 meters; thence North 5743'25" East, 9.834 meters; thence North 31,12'29" East, 14.348 meters; thence North 78027'52" West, 8,437 meters; thence along the easterly line of the following described PARCEL 12 (56457-8) North 3007'16" East 112.446 meters; thence North 89009'52" East, 25.944 meters; thence South 87013'46" East, 74.890 meters; thence North 5103532" East, 15.189 meters; thence South 87013'49" East, 13.948 meters; thence South 0000'00" East, 13.037 meters to the northerly line of the above described PARCEL 2 (56457-10); thence along said northerly line North 87013'47" West, 100.736 meters and South 89°13'22" West 17.003 meters; thence South 29044'52" West, 13.563 meters to the Westerly line of said PARCEL 2 (5645710); thence along said line South 3'07'16" West, 70.178 meters; thence South 12055'46" East, 30.107 meters; thence South 3°12'28" West, 30.226 meters to the Point of Beginning. Containing an area of 1,277 square meters, more or less. Page 4 of 34 PARCEL 9 (56457-7) TEMPORARY CONSTRUCTION EASEMENT An easement for Temporary Construction purposes to expire December 31, 2002, upon, over and across that certain real property described as follows: Beginning at the southwesterly terminus of the line described as "North 60018'43" East, 38.453 meters" in the hereinabove described PARCEL 6 (56457-5); thence North 4015"18" West, 10.305 meters; thence North 2045821" West, 12.661 meters; thence North 60$21'41" East, 27.874 meters; thence South 30°51'17" East, 20.575 meters to the northerly line of said PARCEL 6; thence along said northerly line South 60018'43" West 38.453 meters to the Point of Beginning. Containing an area of 684 square meters, more or less. PARCEL 10 (56457-8) TEMPORARY CONSTRUCTION EASEMENT An easement for Temporary Construction purposes to expire December 31, 2002, upon, over and across that certain real property described as follows Commencing at the intersection of the northerly line of the parcel of land described in the Final Carder of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in Book 11756 at Page 440 with the southwesterly line of said C.S. Land Inc. parcel, (Series No. 98-133024) all records of Contra Costa County, said southwesterly line also being the northeasterly line of the Burlington Northern & Santa Fe Railroad; thence along said northeasterly line North 30°2627" West 43.925 meters; thence North 67033'17" West,14.399 meters to the northerly line of the hereinabove described PARCEL 4 (56457-3) said point also being the Point of Beginning for the herein described parcel; thence North 23043'35" East, 3.366 meters; thence North 8604459" East, 77.452 meters; thence North 88027'07" East, 63.241 meters; thence North 49029'43" East, 112.536 meters; thence North 57052'49" East, 65.781 meters; thence North 64016'17" East, 137.065 meters; thence North 82049'56" East, 81.983 meters to the northerly line of the hereinabove described PARCEL 10 (56457-6); thence along the west line of said PARCEL 10, South 3007'16" West, 104.584 meters to the northerly line of said PARCEL 4 (56457-3); thence along said northerly line, North 28006'17" West, 94.751 meters, North 76020'48" West, 31.570 meters, South 64016'17" West, 135.823 meters, South 57052'49" West,65. 94 meters, South 49029'42" West, 113.377 meters, South 88027'12" West, 64.213 meters, and South. 86044'59" West, 78.979 meters to the Point of Beginning Containing an area of 4,577 square meters, more or less. PARCEL 11 (56457-9) TEMPORARY CONSTRUCTION EASEMENT An easement for Temporary Construction purposes to expire December 31, 2002, upon, over and across that certain real property described as follows Page 5 of 34 s Beginning at the intersection of the northerly line of the parcel of land described in the Final Carder of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in Book 11756 at Page 440 with the southwesterly line of said C.S. Land Inc. parcel, (series no. 98-138024) all records of Contra Costa County, said southwesterly line also being the northeasterly line of the Burlington Northern & Santa Fe Railroad; thence along said northeasterly line North 30°26'27" West 25.542 meters to the southwesterly line of the hereinabove described PARCEL 3 (56457-3); thence along said line the following courses: North 89059'17" East, 43.536 meters, North 7903444" East, 87.636 meters, North 62°39'24" East, 139.648 meters, North 56003'03" East, 62.850 meters; North 530 43'11" East, 87.495 meters, South 74034'29" East, 28.346 meters, South 27046'57" East, 33.248 meters, South 8011'28" East, 43.206 meters and South 76050'20" East, 36.889 meters to the westerly line of the hereinabove described PARCEL 2 (56457-10); thence along said line South 3007'16" West, 16.291 meters to the northwesterly line of said State Route 4 parcel (11756 O.R. 440); thence along said line northwesterly line South 79018'20" West, 34.194 meters; thence North 811'28" West, 73.587 meters; thence North 27046'57" West, 31.432 meters; thence North 74034'29" West, 25.594 meters; thence South 53043'11" West, 86.102 meters; thence South 56003'03" West, 63.084 meters; thence South 62039'24" West, 140.734 meters; thence South 10°4248" East, 12.417 meters to said northwesterly line of said State Route 4 parcel (11756 O.R. 440); thence along said line South 79018'20" West, 121.776 meters to the point of beginning. Containing an area of 4,178 square meters, more or less. PARCEL 12 (56457-10) FEE Beginning at the most northerly corner of the parcel of land described in the Final Order of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in Book 11756 at Page 440 records of said County; thence along the northwesterly line of said parcel, South 79018'20" West, 11.386 meters; thence North 3°07'16" East, 143.083 meters; thence North 89°13'22" East, 23.096 meters; thence South 87013'47" East, 111.638 meters; thence North 89059'53" East, 23.789 meters; to a curve concave southeasterly having a radius of 240.299 meters; thence easterly along the arc of said curve through a central angle of 23°50'08" an arc distance of 99.967 .meters; thence South 66°09'59" East, 95.711 meters to a curve concave northeasterly having a radius 189.700 meters; thence southeasterly along the arc of said curve through a central angle of 14°35'02", an arc distance of 48.286 meters to the east line of said C.S. Land Inc. parcel (series no. 98-133024); thence along said line South 10 08'43" West, 20.787 meters to a non- tangent curve concave northeasterly having a radius of 210.300 meters, a radial to said curve bears South 9024'07" West; thence northwesterly along the arc of said curve through a central angle of 1522"57", an arc distance of 56.460 meters; thence North 66009'59" West 95.711 meters to a curve concave southwesterly having a radius of 219.699 meters; thence northwesterly and westerly along the arc of said curve through a central angle of 23°50'08" an arc distance of 91.397 meters; thence South 89°59"54" Page 6 of 34 West, 10.362 meters; thence South 85'28'47" West, 92.417 meters to a curve concave southeasterly having a radius of 13.500 meters; thence southwesterly along the arc of said curve through a central angle of 90°00'00", an arc distance of 21.206 meters; thence South 1°28'30" East, 37.474 meters; thence South 2°45'21" East,12.661 meters; thence South 4015'18" East, 28.348 meters; thence South 2°38'18" East, 21.334 meters; thence South 0024'28" West, 24.334 meters to the northerly line of the hereinabove described PARCEL. 1 (56457-1); thence along said line South 89059`55" West, 38.783 meters to the northeasterly line of said State of California parcel (11756 C.R. 440); thence along said line North 10°41'40" West, 31.297 meters to the Point of Beginning Containing an area of 16,181 square meters, more or less. PARCEL 13 (56457-12) UTILITY EASEMENT An easement for Utility purposes and incidents thereto upon ,over and across that certain real property described as follows: A strip of land 6.096 meters in width, measured at right angles, lying easterly of the following described line: Commencing at the northwesterly terminus of the line described as "South 80036'22" East, 29.965 meters" in the hereinabove described PARCEL. 1 (56457-1); thence along said line as "South 8003622" East, 7.974 meters to the Point of beginning for the herein described strip; thence North 6031'37" East, 157.298 meters to the northeasterly terminus of the herein described line. The sideline of said 6.096 meters in width strip shall be shortened or lengthened to from the southerly line of the hereinabove described PARCEL 2 (56457-10) to the northeasterly line of the hereinabove described PARCEL 1 (56457-1) Containing an area of 963 square meters, more or less. PARCEL 14 (56457-13) UTILITY EASEMENT An easement for Utility purposes and incidents thereto upon, over and across that certain real property described as follows: Commencing at the most northerly comer of the parcel of land described in the Final Order of Condemnation, State of California vs. Claeys, recorded April 24, 1984 in Book 11756 at Page 440 records of said County; thence along the northwesterly line of said parcel, South 79018'20" West, 11.386 meters to the westerly line of the hereinabove described PARCEL 2 (56457-10); thence along said westerly line North 3007'16" East, 18.279 meters to the Point of Beginning for the herein described parcel; thence along the northwesterly line of the easement to Pacific Cas & Electric recorded April 25, 1968 Page 7 of 34 in Book 5610 of Official Records at page 517, records of said County, South 78000'59" West, 12.627 meters; thence North 3015'16" East, 36.665 meters; thence North 89045'24" East, 12.212 meters to the westerly line of said PARCEL. 2 (5645710); thence along said line South 315'16" West, 34.091 meters to the Point of Beginning Containing an area of 431.3 square meters more or less. PARCEL 15 (56457-14) UTILITY EASEMENT An easement for Utility purposes and incidents thereto upon, over and across that certain real property described as follows: Beginning at the most southerly terminus of the line described above as "South 204521" East, 12.661 meters" in the hereinabove described PARCEL 2 (56457-10); thence continuing along the easterly line of said PARCEL 2, South 41,15'18" East, 0.414 meters; thence along the northwesterly line of the easement to Federal Engineering Company, recorded April 2, 1930 in Book 227 of Official Records at page 197 records of said County; thence South 89°45'24"UVest, 13.911 meters to the easterly line of said PARCEL 2 (56457-10); thence along said line South 2045'21" East, 7.235 meters to the Point of Beginning Containing an area of 53.2 square meters more or less. PARCEL 16 (56459-1) FEE Beginning at the intersection of the east line of said C.S. Land Inc. parcel and the southerly line of State Route 4 as described in the Acceptance of Deed for Highway Purposes to Contra Costa County, recorded April 5, 1920 in Road Book Volume 4 at page 200, records of said county; thence along the east line of said C.S. Land Inc. parcel South 1008'43" West, 130.756 meters; thence leaving said east line South 32039'54" West,50.723 meters; thence North 57046'14" West, 218.479 meters; thence North 1034'35" West 74.509 meters; thence North 74045'18" West, 44.184 meters; thence North 8228'35" West, 77.068 meters; thence South 6131'37" West, 5.201 meters; thence South 89059'55" West, 59.127 meters; thence North 5018'25" West, 14.700 meters; thence North 86039'38" West, 47.567 meters to a non-tangent curve concave southerly, having a radius 428.977 meters, a radial to said curve bears North 6049'36" West, said curve also being the southerly line of said State Route 4; thence along said southerly line the following courses: easterly along the arc of said curve through a central angle of 6000'40", an arc distance of 45.006 meters; thence North 89°11'04" East, 202.817 meters to a curve concave southwesterly having a radius of 283.447 meters; thence along the arc of said curve through a central angle of 23052'19" an arc distance of 118.096 meters; thence South 6605637" East, 88.823 meters to the Point of Beginning. Containing an area of 38,522 square meters, more or less. Page 8 of 34 This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. PARCEL. 17 (56459-2) FEE Beginning at the northwesterly terminus of the line described as "North 60000'05" Vilest, 55.235 meters" in the hereinabove described PARCEL 2 (56459-4); thence continuing along said line North 60°00'05" West, 80.820 meters to a curve concave southwesterly having a radius of 178.500 meters; thence along the arc of said curve through a central angle of 2027'51", an arc distance of 7.677 meters, thence North 27032'04" East, 23.000 meters to a non-tangent curve concave southwesterly having a radius of 201.500 meters, a radial to said curve bears North 271,32'04 East, thence southeasterly along the arc of said curve through a central angle of 2027'51", an arc distance of 8.666 meters; thence South 60000'05" East, 6.335 meters to a curve concave northerly having a radius of 18.000 meters; thence along the arc of said curve through a central angle of 9000'00", an arc distance of 28.274 meters; thence North 2905955" East, 18.441 meters, to a curve concave southwesterly having a radius of 18.000 meters; thence along the arc of said curve, through a central angle of 130"20'51", an arc distance of 40.950 meters to the southerly line of State Route 4; thence along said line North 79- 039'04" East, 79.729 meters to a non-tangent curve concave southeasterly, having a radius of 50.000 meters, a radial to said curve bears North 46059'27" West; thence along the arc of said curve through a central angle of 13000'39", an arc distance of 11.854 meters; thence South 29059'55" West, 73.675 meters to a, curve concave easterly, having a radius of 18.000 meters; thence along the arc of said curve, through a central angle of 69°22'11", an arc distance of 21.798 meters; thence non-tangent to said curve, South 60°00'05" East, 15.000 meters to northwesterly line of said PARCEL 2; thence along said line South 29$5955"West, 23.000 meters to the Point of Beginning. Containing an area of 5,181 square meters, more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutters rights of access, appurtenant to grantor's remaining property, in and to said freeway. PARCEL 18 (56459-3) FEE Beginning at the southwesterly terminus of the line described as "North 27032'04" East, 23.000 meters" in the hereinabove described PARCEL 3 (56459-2); thence along a non- tangent curve concave southwesterly having a radius of 178.500 meters a radial to said curve bears North 27032'04" East; thence northwesterly along the arc of said curve through a central angle of 26044'03", an arc distance of 83.288 meters to a non-tangent curve concave northwesterly having a radius of 67.052 meters, a radial to said curve Page 9 of 34 bears South 27032'04" East; thence northeasterly along the arc of said curve through a central angle of 321153'44", an arc distance of 38.484 meters to a non-tangent curve concave southwesterly having a radius of 241.504 meters, a radial to said curve bears North 91155'58" East; thence easterly along the arc of said curve through a central angle of 17°38'46", an are distance of 61.943 meters to the northwesterly line of said PARCEL ; thence along said line South 27032'44" West, 23.044 meters to the Point of Beginning. Containing an area of 1,588 square meters more or less. PARCEL 19 (56459-4) FEE Beginning at the easterly terminus of the line described as "South 89059'55" West, 59.127 meters" in the hereinabove described PARCEL 1 (56459-1); thence South 6°31'37" West, 168.789 meters; thence South 881000'34" West 88.974 meters to a curve concave northeasterly having a radius of 170.004 meters; thence southwesterly, westerly and northwesterly along the arc of said curve, through a central angle of 31059'21", an arc distance of 94.914 meters; thence North 60000'05" West, 55.235 meters; thence North 2905955" East, 23.400 meters; thence South 60040'45" East 37.735 meters to a curve concave northeasterly having a radius of 188.500 meters; thence along the arc of said curve through a central angle of 30000'00", an arc distance of 98.698 meters; thence North 89°59'55" East, 55.043 meters to a curve concave northwesterly having a radius of 7.400 meters; thence along the arc of said curve, through a central angle of 95018'20", an arc distance of 11.644 meters; thence North 5018'25" West, 137.637 meters to the southerly line of said PARCEL 1; thence along said line North 89059'55" East, 59.127 meters to the Point of Beginning. Containing an area of 12,165 square meters, more or less. PARCEL 24 (56459-6) UTILITY EASEMENT An easement for Utility purposes and incidents thereto, upon, over and across that certain real property described as follows: Commencing at the southeasterly terminus of the line described as "South 60000'45" East, 6.335 meters" in the hereinabove described PARCEL 3 (56459-2); thence North 60000'05' East, 4.894 meters to the Point of Beginning for the herein described parcel; thence leaving said line North 5012'48" West, 42.776 meters to the southeasterly line of State Route 4; thence along said line South 79039'04" West, 6.121 meters; thence South 5012'48" East, 38.434 meters to the northeasterly line of said PARCEL 3 (56459- 2) being a non-tangent curve concave southwesterly, having a radius of 201.500 meters a radial to said curve bears North 28018'15" East, thence along the arc of said curve through a central angle of 1041'40", an arc distance of 5.959 meters; thence South 60000'05" East, 1.441 meters to the Point of Beginning Page 10 of 34 Containing an area of 248 square meters more or less. PARCEL 21 (56459-7) UTILITY EASEMENT An easement for Utility purposes and incidents thereto, upon, over and across that certain real property described as follows: Commencing at the southerly terminus of the line described as "North 5018'25" West, 137.837 meters" in the hereinabove described PARCEL 2 (58459-4); thence along said line North 5018'25" West, 13.842 meters to the Point of Beginning for the herein described parcel, thence leaving said line South 891,59'14" West, 146.501 meters to a non-tangent curve concave northeasterly, having a radius of 188.500 meters, a radial to said curve bears South 27002'17" East; thence southeasterly along the arc of said curve through a central angle of 2004'46", an arc distance of 5.841 meters; thence North 89659'14" East 140.831 meters to the westerly line of said PARCEL 2 (58459-4); thence along said line North 5018'25" East, 3.013 meters to the Point of Beginning. Containing an area of 430 square meters more or less. PARCEL 22 (56459-8) UTILITY EASEMENT An easement for Utility purposes and incidents thereto, upon, over and across that certain real property described as follows: Commencing at the southerly terminus of the line described as "South 6031'37" West, 168.789 meters" in the hereinabove described PARCEL 2 (56459-4); thence along said line North 6031'37" East, 40.905 meters to the Point of Beginning for the herein described parcel; thence leaving said line North 89059'14" East, 8.324 meters; thence North 6202625" East, 66.714 meters; thence North 17007'39" East, 94.430 meters to the southwesterly line of the hereinabove described PARCEL 1 (56459-1); thence along said line North 74145'18"West, 3.002 meters; thence leaving said line South 17007'39" West, 93.080 meters; thence South 6202625" West, 84.726 meters; thence South 89059'14" West, 7.245 meters to the easterly line of said PARCEL 2 (56459.4); thence along said line South 6031'37" West, 3.020 meters, to the Point of Beginning. Containing an area of 502 square meters more or less. PARCEL 23 (56459-9) UTILITY EASEMENT An easement for Utility purposes and incidents thereto, upon, over and across that certain real property described as follows; A strip of land 6.096 meters in width measured at right angles, lying easterly of and immediately adjacent to the following described line; Page 11 of 34 Commencing at the southerly terminus of the line described as "South 6131'37" West, 168.789 meters" in the herein above described PARCEL 2 (56459-4) thence along said line North 6031'37" East, 31.182 meters to the Point of Beginning for the herein described line; thence continuing along said line, North 6031'37' East, 142.808 meters to the northerly terminus of the herein described line The sideline of said 6.096 meters in width strip shall be shortened or lengthened to extend between a line that bears South 82028'35" East from the northerly terminus and a line that bears North 87013'42" East from the southerly terminus of the above described line. Containing an area of 867 square meters more or less. PARCEL 24 (56459-10) UTILITY EASEMENT An easement for Utility purposes and incidents thereto, upon, over and across that certain real property described as follows: Beginning at the southerly terminus of the line described as "North 5018'25" West, 137.637 meters" in the hereinabove described PARCEL 2 (56459-4); thence along said line North 5018'25" West, 4.946 meters; thence South 87013'43"West, 112.979 meters to the northwesterly line of said PARCEL 2 (56459-4) being a non-tangent curve concave northeasterly having a radius of 188.500 meters, a radial to said curve bears South 15047'16" West; thence along the arc of said curve through a central angle of 7010'39", an arc distance of 23.613 meters; thence North 87013'43" East, 90.357 meters to the westerly line of said PARCEL 2 (56459-4) being a non-tangent curve concave northwesterly, having a radius of 7.00 meters, a radial to said curve bears South 85050'25" East; thence along the arc of said curve, through a central angle of 9028'01 an arc distance of 1.157 meters to the Point of Beginning. Containing an area of 626 square meters more or less. PARCEL 25 (57099-1) UTILITY EASEMENT An easement for Utility purposes and incidents thereto upon, over and across that certain real property described as follows: Commencing at the northeasterly comer of said Parcel "A", said point also being on the northerly line of State Route 4; thence along the east line of Parcel "A" (41 PM 42), South 805021" West, 5.128 meters to the Point of Beginning; thence continuing along said east line South 8050'21" West, 24.115 meters; thence North 70010'24" West 9.730 meters; thence North 19049'36" East, 15.000 meters; thence North 46042'11" West, 22.788 meters to the northerly line of State Route 4; thence along said line South 80038'36"East, 17.911 meters to the Point of Beginning. Page 12 of 34 1 Containing an area of 813.5 square meters, more or less. PARCEL 26 (57099-2) TEMPORARY CONSTRUCTION EASEMENT An easement for Temporary Construction purposes to expire December 31, 2002 upon, over and across that certain real property described as follows: Beginning at the southeasterly terminus of the line shown as "North 45°49' West, 332.61", on the above described map (41 PM 42), the bearing and distance of South 44055'36" East, 101.373 meters being used for purpose of this description, said point being the beginning of a curve concave northeasterly, having a radius of 297.163 meters; thence along the arc of said curve through a central angle of 11°31'00", an arc distance of 59.731 meters; thence leaving said line North 83045'03"West, 29.274 meters; thence North 53°5629" West, 9.276 meters; thence North 8007'24" West, 30.655 meters to the Point of Beginning Containing an area of 499.8 square meters, more or less. These bearings and distances used in the above descriptions are on the California Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances shown by 1.000068 to obtain ground distances. TOSCO CORPORA T/ 11 PARCEL 27 (55445-1) PEE Beginning at the intersection of the west line of said Tosco parcel and the northerly line of State Route 4 as described, in State director's Deed No. DD-000014-01-02 from the State of California to Collier Carbon & Chemical Corporation recorded March 30, 1973 in Book 6902 at page 53, Official Records of said County; thence from the Point of Beginning along the west line of said Tosco parcel North 1°08'43" East, 42.828 meters; thence North 70°21'37" East, 6.725 meters; thence South 801,03'40" East, 162.857 meters; thence South 34031'16" East, 82.558 meters; thence South 67052'07" East, 51.055 meters; thence South 65030'06" East, 40.184 meters; thence South 63036'31„ East, 29.809 meters; thence South 611133'18" East, 33.447 meters; thence South 60004'41" East, 34.879 meters; thence South 57054'48" East, 44.777 meters; thence South 55°44'55" East, 81.245 meters; thence South 58055`43" East, 188.217 meters; thence South 64041`26" East, 170.770 meters; thence South 65017'02" East, 52.250 meters; thence South 15056'10" East, 20.026 meters; thence South 62020'15" East, 50.045 meters to the northwest line of the parcel of land described in the deed to Howard Kirk & Roger G. Gilmore, a general partnership, recorded January 19, 1989 in Book 14838 at page 668 Official Records of said County; thence along said line South 51036'50" West, 85.434 meters to the northeasterly line of State Route 4 as described in the deed to Contra Costa County recorded February 10, 1920 in Book 362 of Deeds at Page 13 of 34 page 292, records of said County; thence along said northeasterly line the following courses: Northwesterly along the arc of a non-tangent curve concave northeasterly, having a radius of 284.971 meters, a radial to said curve bears South 14002'01" West, through a central angle of 19031'23", an arc distance of 97.102 meters, North 5602636" West, 56.595 meters to a curve concave northeasterly having a radius of 284.971 meters, along the arc of said curve through a central angle of 111131'00", an arc distance of 57.280 meters, North 44055'36" West, 101.373 meters to a curve concave southwesterly having a radius of 224.396 meters, along the arc of said curve through a central angle of 18055'00", an arc distance of 74.086 meters, North 63050'36" West, 121.846 meters to a curve concave northeasterly having a radius of 212.205 meters, along the arc of said curve through a central angle of 16025'30", an arc distance of 60.833 meters, North 40020'10" West, 31.685 meters to a non-tangent curve concave southwesterly having a radius of 266.896 meters, a radial to said curve bears South 4201'28"West, along the arc of said curve through a central angle of 191,53'08", an arc distance of 92.631 meters, and North 67°51'40" West 287.405 meters to the Point of Beginning. Containing an area of 57,960 square meters, more or fess. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutters rights of access, appurtenant to grantors remaining property, in and to said freeway. Reserving, however, to the grantor, grantors successors or assigns, the right of way access through the opening to the freeway over and across the following described lines: Commencing at the northerly terminus of the line hereinabove described as "North 1008'43" East, 42.828 meters"; thence North 70021'37" East, 1.538 meters to the Point of Beginning for the herein described lines; thence continuing North 70021'37" East, 5.187 meters; thence South 80003'40" East, 3.070 meters to the easterly terminus of the herein described line. PARCEL 28 (56445-4) UTILITY EASEMENT An easement for Utility purposes and incidents thereto, upon, over and across that certain real property described as follows: Commencing on the west line of said Tosco parcel (Series No. 94-189097) at the northerly terminus of the line described as "North 1008'43" East, 42.828 meters" in the hereinabove described PARCEL 1 (56445-1); thence continuing along said west line North 10 08'43" East, 33.842 meters; thence North 8038'50" East, 9.600 meters to the Page 14 of 34 Point of Beginning for the herein described parcel; thence North 1"20'46" East, 15.641 meters; thence South 771,48'01" East, 8.026 meters; thence North 108'42" East, 90.488 meters; thence North 78019'34" West 17.888 meters to the west line of said Tosco parcel; thence along said west line North 1008'43" East, 6.200 meters; thence South 78019'34" East, 23.869 meters; thence South 1008'42" West, 90.532 meters; thence South 77°48'01" East, 139.577 meters; thence South 74000'58" East, 105.743 meters; thence South 64029'05" East, 143.389 meters; thence South 45°14'18" East, 66.337 meters to the southwesterly line of the hereinabove described PARCEL 4 (56445-6); thence along said southwesterly line; thence South 50030'04" East, 86.010' meters; thence South 56009'08" East, 404.722 meters; thence South 63428'08" East, 64.711 meters; thence South 67017'06" East, 52.390 meters to the southeasterly line of said Tosco parcel; thence along said southeasterly line South 26043'04" West 3.066 meters and South 51 03647" West 13.914 meters; thence North 67017'06" West, 45.958 meters and North 63028'08" West, 66.200 meters; thence North 56009'08" West, 406.444 meters; thence North 501130'04" West, 84.846 meters; thence North 45014'18" West, 66.505 meters; thence North 64029'05" West, 140.140 meters; thence North 74000'58" West, 103.974 meters; thence North 77048'01" West, 133.323 meters; thence South 80038'50" West, 17.045 meters to the Point of Beginning. Containing an area of 16,987 square meters, more or less. PARCEL 29 (56445-5) INGRESS/EGRESS EASEMENT An easement for Ingress and Egress purposes upon, over and across that certain real property described as follows: Commencing at the intersection of the west line of said Tosco parcel and the northerly line of State Route 4 as described in State Director's Deed No. DD-000014-01402 from the State of California to Collier Carbon & Chemical Corporation recorded March 30, 1973 in Book 6902 at page 53, Official Records of said County; thence along said line North 1008'43" East, 177.114 meters to the Point of Beginning for the herein described parcel, said point also being the beginning of a non-tangent curve concave northerly having a radius of 204.540 meters, a radial to said curve bears South 7055'04" West; thence easterly along the arc of said curve through a central angle of 403847", an arc distance of 16.587 meters; thence South 88021'06" East, 3.116 meters to a non-tangent curve concave southeasterly having a radius of 37.879 meters, a radial to said curve bears North 301,45`36" West; thence southeasterly along the arc of said curve through a central angle of 57°5338", an arc distance of 38.275 meters; thence South 1020'46" West, 66.819 meters to the northwesterly line of PARCEL 2 (56445-14); thence along said northwesterly line North 80038'50" East, 8.019 meters; thence North 1420'46" East, 65.331 meters to a curve concave southeasterly having a radius of 30.000 meters; thence along the arc of said curve through a central angle of 95411'57", an arc distance of 49.846 meters; thence South 79432'08" East, 7.837 meters; thence South 78449'02" East, 226.245 meters to a curve concave southwesterly having a radius of 20.00 Page 15 of 34 meters; thence along the arc of said curve through a central angle of 24049'17", an arc distance of 8.584 meters; thence South 5305945" East, 52.241 meters to a curve concave northeasterly having a radius of 20.000 meters; thence along the arc of said curve through a central angle of 32005'35", an arc distance of 11.203 meters; thence South 86°05'20" East, 81.943 meters; thence South 0000'00" East 1.881 meters; thence North 90000'00" East, 10.000 meters; thence North 0000'00" East, 8.209 meters; thence North 861*05'20" West, 90.187 meters to a curve concave northeasterly having a radius of 20.000 meters; thence along the arc of said curve through a central angle of 32005'35", an arc distance of 11.203 meters; thence North 5305945" West, 58.763 meters to a curve concave southwesterly having a radius of 20.00 meters; thence along the arc of said curve through a central angle of 24049'17", an arc distance of 8.664 meters; thence North 78049'02" West, 221.106 meters to a curve concave southerly having a radius of 253.340 meters; thence along the arc of said curve through a central angle of 705455", an arc distance of 34.998 meters to a reverse curve concave northerly having a radius of 196.660 meters; thence along the arc of said curve through a central angle of 405522", an arc distance of 16.897 meters to the west line of said Tosco parcel; thence along said west line South 100843" West, 7.938 meters to the Point of Beginning. Containing an area of 3,873 square meters more or less. PARCEL 30 (5644") FEE Beginning at the southerly terminus of the line described as "South 0000'00" East 1.881 meters" in the hereinabove described PARCEL. 3 (564455); thence North 90000'00" East, 121.528 meters, thence South 0000'00" East, 79.598 meters; thence South 42030'59" East, 124.116 meters; thence South 31022'27" East, 159.938 meters; thence North 63054'55" West, 204.767 meters to the northwesterly line of the following described PARCEL 5 (58445-4); thence along said northwesterly line North 56009'08" West 19.812 meters, North 501130'04" West 86.010 meters and North 45014'18" West, 31.135 meters; thence leaving said line, North 0000'00" East, 12.176 meters; thence South 82°5955" East, 53.163 meters; thence North 0000'00" East, 17.413 meters; thence North 71030'19" West, 55.840 meters; thence North 0000'00" East, 89.284 meters to the Point of Beginning. Containing an area of 35,114 square meters, more or less. PARCEL 31 (56445-7) INGRESS/EGRESS EASEMENT An easement for Ingress and Egress purposes upon, over and across that certain real property described as follows: Commencing at the northwesterly terminus of the line described as "South 67017'06" East, 52.390 meters" in the hereinabove described PARCEL 5 (56445-4); thence along Page 16 of 34 said northwesterly line of PARCEL 5, North 63028'08" East, 42.525 meters to the Paint of Beginning; thence continuing along the northwesterly line of PARCEL 5, North 63028'08" West, 15.992 meters; thence North 351028'43" West, 28.179 meters; thence North 3205337" West, 29.483 meters to a curve concave northeasterly having a radius of 22.500 meters; thence along the arc of said curve through a central angle of ,27004'21" an arc distance of 10.831 meters to a reverse curve concave southwesterly having a radius of 12.500 meters; thence along the arc of said curve through a central angle of 65°58'06" an arc distance of 12.243 meters; thence North 61°45'22" West, 64.048 meters to a curve concave southwesterly having a radius of 37.500 meters; thence along the arc of said curve through a central angle of 2804541" an arc distance of 18.824 meters; thence South 89028'57" West, 36.476 meters to said northwesterly line of PARCEL 5; thence along said line, North 56°09'0$" Vilest, 8.858 meters; thence North 8902857" East, 43.788 meters to a curve concave southwesterly having a radius of 42.500 meters; thence along the arc of said curve through a central angle of 28045'41", an arc distance of 21.334 meters; thence South 61045'22" East, 64.048 meters to a curve concave southwesterly having a radius of 17.500 meters; thence along the arc of said curve through a central angle of 55056'06" an arc distance of 17.084 meters to a reverse curve concave northeasterly having a radius of 17.500 meters; thence along the arc of said curve through a central angle of 27°04'21"an arc distance of 8.269 meters; thence South 32056'38" East, 29.958 meters; thence South 35020'33" East, 27.570 meters to a curve concave northeasterly having a radius of 40.000 meters; thence along the arc of said curve through a central angle of 20031'23", an arc distance of 14.328 meters to the Point of Beginning. Containing an area of 1,058 square meters more or less. PARCEL 32 (56445-8) SLOPE EASEMENT An easement for Maintenance of Slopes and incidents thereto upon, over and across that certain real property described as follows. Beginning at the northeasterly terminus of the line described as "South 26043'04" Vilest, 3.066 meters" in the hereinabove described PARCEL 5 (56445-4) said line also being the southeasterly line of said Tosco parcel (Series No. 94-189097); thence along said southeasterly line North 26043'04" East, 17.896 meters; thence North 45005'14" West, 54.617 meters; thence North 82003'23" West, 61.480 meters; thence North 36043'13„ West, 67.797 meters; thence North 46030'19" West, 56.108 meters; thence North 82°44'08" West, 43.662 meters, thence South 85°14"29" West, 51.536 meters to the northeasterly line of the hereinabove described PARCEL 5 (56445-4); thence along said northeasterly line South 56°09'08" East, 25.030 meters; thence North 89025'56" East, 28.756 meters; thence South 82002'48" East, 12.322 meters; thence South 6049'48," East, 68.879 meters; thence South 24006'33" East, 20.065 meters; thence South 34055'12" East, 45.853 meters to said northeasterly line of PARCEL 5 (56445-4); thence along said northeasterly line South 561109'08" East, 5.870 meters, South Page 17 of 34 63°28'08" East, 54.711 meters, and South 67017'06" East, 52.390 meters to the Point of Beginning. EXCEPTING THEREFROM all of the above described PARCEL 6 (56445-7) Containing an area of 6,164 square meters, more or less. PARCEL 33 (56445-9) SLOPE EASEMENT An easement for Maintenance of Slopes and incidents thereto upon, over and across that certain real property described as follows: Beginning at the at the southeasterly terminus of the line described as "South 6328'08" East, 66.200 meters" in the hereinabove described PARCEL 5 (56445-4); thence along the southwesterly line of said PARCEL 5, South 67017'06" East, 28.005 meters; thence South 71005'00" West, 9.191 meters; thence North 77019'48" West, 24.618 meters; thence North 44033'07" West, 32.645 meters to the southwesterly line of PARCEL 5; thence along said southwesterly line South 63028'08" East, 33.288 meters to the Point of Beginning. Containing an area of 381 square meters, more or less. PARCEL 34 (56445-10) TEMPORARY CONSTRUCTION EASEMENT An easement for Temporary Construction purposes to expire December 31, 2002, upon, over and across that certain real property described as follows: Commencing at the intersection of southeasterly line of said Tosco parcel and the northerly line of State Route 4 as described in deed to Contra Costa County recorded February 10, 1920 in book 362 of Deeds at page 292, Official records of said County; thence along said southeasterly line North 51°36'50" East, 85.434 meters to the Point of Beginning of the herein described parcel; thence North 62020'15" West, 50.045 meters and North 15*56'10" West, 20.026 meters; thence South 64016'35" East, 71.412 meters to the southeast line of said Tosco parcel; thence along said line South 51036'50" West, 18.513 meters to the Point of Beginning. Containing an area of 958 square meters, more or less. PARCEL 35 (56445-11) TEMPORARY CONSTRUCTION EASEMENT An easement for Temporary Construction purposes to expire December 31, 2002, upon, over and across that certain real property described as follows: Beginning at the easterly terminus of the line described as "South 86005'20" East, 81.943 meters" in the hereinabove described PARCEL 3 (56445-5); thence along the Page 18 of 34 westerly line of the hereinabove described PARCELS 3 (56445-5) and 5 (56445-6) South 0000'00" East, 62.191 meters; thence North 86005'20" West, 81.943 meters; thence North 0000'00" West, 82.191 meters to the southerly line of said PARCEL 3; thence along said southerly line South 86°05'20" East, 81.943 meters to the Point of Beginning. Containing an area of 6,719 square meters, more or less. PARCEL 36 (56445-12) TEMPORARY CONSTRUCTION EASEMENT An easement for Temporary Construction purposes to expire December 31, 2002, upon, over and across that certain real property described as follows: Commencing at the point described as the "Point of Beginning" in the hereinabove described PARCEL 1 (56445-1); thence along the westerly line of said Tosco parcel North 1008'43" East, 143.749 meters to the Point of Beginning for the herein described parcel; thence continuing along said westerly line North 1008'43" East, 48.686 meters; thence South 78°19'34" East, 53.021 meters; thence South 11040'26" West, 11.865 meters; thence North 78019'34" West, 10.656 meters; thence South 55°02'21" West, 31.081 meters; thence South 1008'43" West, 10.964 meters; thence North 88051'17" West, 14.372 meters to the Point of Beginning. Containing an area of 1,412 square meters, more or less. PARCEL 37 (56445-14) FEE Beginning at the intersection of the northwesterly line of the hereinabove described PARCEL 1 (56445-1) and the westerly line said Tosco parcel (Series No. 94-189097); thence continuing along said westerly line North 1008'43" East, 33.842 meters to the southerly line of the following described PARCEL. 5 (56445-4); thence along said southerly line, North 80038'50" East, 26.645 meters and South 77048'01" East, 70.044 meters; thence South 14013'20" West, 36.266 meters to the northeasterly line of said PARCEL 1 (56445-1); thence along said northeasterly line North 80003'40" West, 81.408 meters and South 70021'37" West, 6.725 meters to the Point of beginning. Containing an area of 3,388 square meters, more or less. These bearings and distances used in the above descriptions are on the California Coordinate System of 1983 (CCS83) zone 111 (1991.35 HPGN). Multiply distances shown by 1.000068 to obtain ground distances. Page 19 of 34 ASRURY GRAPHITE INC. PARCEL 38 (56450-1) FEE Beginning at the intersection of the northwesterly line of said parcel (12122 U.R. 926) with the northeasterly line of State Route 4 as described in the deed to Contra Costa County recorded February 10, 1920 in Book 362 of Deeds at page 292, records of said County; thence along said northwesterly line North 5216'39" East, 82.967 meters; thence South 67043'15" East, 11.045 meters; thence South 621,5641" East, 39.527 meters; thence South 70013'08" East, 27.448 meters; thence North 89 056'52" East, 28.361 meters; thence North 21°51'47" East, 32.515 meters; thence South 51048'35" East, 36.369 meters; thence South 461142'10" East, 49.160 meters; thence South 501,32'41" East, 26.024 meters; thence South 74038'13" East, 142.574 meters to the southeasterly line of said parcel (12122 U.R. 926); thence along said line South 28054'22" West, 67.400 meters; thence North 701*50'10" West 33.680 meters; thence North 84019'51" West, 119.242 meters; thence North 74048'09" West, 57.711 meters; thence South 58°12'43" East, 80.028 meters to a curve concave to the northeast having a radius of 789.435 meters; thence along the arc of said curve through a central angle of 718'33", an arc distance of 100.707 meters; thence South 68027'29" East, 18.427 meters to the southeasterly line of said parcel (12122 U.R. 926); thence along said line South 28054'22" West, 11.929 meters to the northeasterly line of State Route 4; thence along said northeasterly line the following courses: North 64045'09" West, 30.925 meters to a curve concave northeasterly having a radius of 430.501 meters, a central angle of 6020'33", an arc distance of 47.655 meters, North 58024'36" West, 252.338 meters to a curve concave southwesterly having a radius of 224.394 meters; a central angle of 12025'27", an arc distance 48.658 meters to the Point of Beginning. Containing an area of 33,152 square meters, more or less. This conveyance is made for the purpose of a freeway and grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantors remaining property, in and to said freeway. Reserving however to the grantor, grantor's successors or assigns, the right of way access through the opening to the freeway over and across the following described line: Beginning at the westerly terminus of the line described above as "South 68027'29" East, 18.427 meters" thence along said line South 68027'29" East, 10.000 meters to the easterly terminus of the herein described line. PARCEL 39 (56450-2) FEE Commencing at the intersection of the northwesterly line of said parcel (12122 U.R. 926) with the northeasterly line of State Route 4 as described in the deed to Contra Costa County recorded February 10, 1920 in Book 362 of Deeds at page 292, records Page 20 of 34 of said County; thence along said northwesterly line North 52016'39" East, 82.957 meters to the Point of Beginning for the herein described parcel; thence continuing North 52018'39" East, 48.405 meters; thence South 37043'21" East, 7.820 meters to the northeasterly line of the parcel described in the deed to Pacific Telephone and Telegraph Company, recorded October 23, 1946, in Book 957 at Page 453 records of said County; thence along said line South 52016'39" West, 12.876 meters; thence South 37°43'21" East, 6.096 meters; thence South 2805225" West, 10.378 meters; thence South 20201'09" East, 17.223 meters; thence North 62°56`41" West, 24.665 meters; thence North 67043'15" West, 11.045 meters to the Point of Beginning. Containing an area of 741 square meters more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. Rgservina, however to the grantor, grantor's successors or assigns, the right of way access through the opening to the freeway over and across the following described lines: Commencing at the northerly terminus of the line hereinabove described as "North 1°08'43" East, 48.406 meters"; thence South 3704321" East, 7.620 meters to the northeasterly line of the parcel described in the deed to Pacific Telephone and Telegraph Company, recorded October 23, 1946, in Book 957 at Page 453 records of said County; thence along said line South 521116'39" West, 12.876 meters; thence South 37043'21" East, 6.095 meters to the southeasterly terminus of the herein described line. PARCEL 40 (55450-3) UTILITY EASEMENT An easement for Utility purposes and incidents thereto, upon, over and across that certain real property described as follows: Beginning at the northeasterly terminus of the line described as" North 52015'39" East, 82.967 meters" in the above described PARCEL 1 (56450-1) said line also being the northwesterly line of said parcel (12122 U.R. 926); thence continuing along said northwesterly line North 52°16'39" East, 17.597 meters; thence South 621,5641" East, 42.081 meters; thence South 70013'08" East, 39.616 meters; thence South 110 27"41" West, 9.857 meters to the northerly line of the hereinabove described PARCEL 1 (56450-1); thence along said northerly line the following courses: South 89056`52" West, 15.465 meters, North 70013'08" West, 27.448 meters, North 62056'41" West, 39.527 meters and North 67043'15" West, 11.045 meters to the Point of Beginning. Containing an area of 1,274 square meters, more or less. Page 21 of 34 PARCEL 41 (56450-4) TEMPORARY CONSTRUCTION EASEMENT An easement for Temporary Construction Purposes to expire December 31, 2002 upon, over and across that certain real property described as follows: Commencing at the intersection of the northwesterly line of said parcel (12122 O.R. 926) with the northeasterly line of State Route 4 as described in the deed to Contra Costa County recorded February 10, 1920 in Book 362 of Deeds at page 292, records of said County; thence along said northwesterly line North 5216'39" East, 131.373 meters to the Point of Beginning for the herein described parcel; thence continuing along said northwesterly line North 52016'39" East, 13.750 meters; thence South 37043'21" East, 7.620 meters to the northeasterly line of the parcel described in the deed to Pacific Telephone and Telegraph Company, recorded October 23, 1946, in Book 957 at page 453 records of said County; thence along said line South 52016'39" West, 13.750 meters; thence North 37043'21" West, 7.620 meters to the Point of Beginning. Containing an area 105 square meters, more or less. PARCEL 42 (56450-5) UTILITY EASEMENT An easement for Utility purposes and incidents thereto, upon, over and across that certain real property described as follows: Beginning at the intersection of the southeasterly line of said parcel (12122 O.R. 926) with the northeasterly line of said State Route 4; thence along said southeasterly line North 2805422" East, 16.550 meters to the Point of Beginning for the herein described parcel; thence North 65°18'05" West, 57.991 meters; thence North 59005'04" West, 123.117 meters to the southwesterly line of the hereinabove described PARCEL 1 (56450-1); thence along said line South 74048'09" East. 22.503 meters; thence South 59005'04" East, 101.125 meters; thence South 65018'03" East, 58.108 meters to the southeasterly line of said parcel (12122 O.R. 926); thence along said line South 28054'22" West, 6.112 meters to the Point of Beginning. Containing an area of 1,037 square meters, more or less. PARCEL 43 (56450-6) LEACH FIELD EASEMENT An easement for Leach field purposes and incidents thereto, upon, over and across that certain real property described as follows: Beginning at the southeasterly terminus of the line described as "North 70°50'10" West 33.680 meters" in the hereinabove described PARCEL 1 (56450-1) said point also being on the southeasterly line of said parcel (12122 O.R. 926); thence along said line South 28°54'22" West, 21.289 meters; thence North 59005'04" West, 64.292 meters to the Page 22 of 34 southwesterly line of said PARCEL 1; thence along said line South 84019'51" East, 33.800 meters and South 70050'10" East, 38.680 meters to the Point of Beginning. Containing an area of 817 square meters, more or less. PARCEL 44 (56450-7) UTILITY EASEMENT An easement for Utility purposes and incidents thereto, upon, over and across that certain real property described as follows: Beginning at the southeasterly terminus of the line described as "line South 741,48'09" East. 22.503 meters" in the hereinabove described PARCEL 4 (56450-5); thence continuing South 74048'09" East. 11.704 meters; thence South 59005'04" East, 53.335 meters; thence South 30000'00" East, 6.172 meters to northeasterly line of said PARCEL 4 (56450-5); thence along said northeasterly line forth 59005'04" West, 69.388 meters to the Point of Beginning. Containing an area of 184 square meters, more or less. PARCEL 45 (56450-8) TEMPORARY CONSTRUCTION EASEMENT An easement for Temporary Construction Purposes to expire December 31, 2002 upon, over and across that certain real property described as follows: Beginning at the northeasterly terminus of the line described as "South 28054'22" West, 11.929 meters" in the hereinabove described PARCEL 1 (56450-1) said line also being the southeasterly line of said parcel (12122 O.R. 926); thence continuing along said southeasterly line forth 28054'22" East, 45.436 meters to the southwesterly line of said PARCEL 5 (56450-6); thence along said line North 5905'04" West 64.292 meters; thence North 84019'51" West, 85.442 meters; thence North 74°48'09" West 57.711 meters to the northwesterly line of said PARCEL 1 (56450-1); thence along said line the following courses: South 58°12'43" East 80.028 meters to a curve concave northeasterly, having a radius of 789.435 meters; thence along the arc of said curve through a central angle of 7018'33", an arc distance of 100.707 meters; thence South 68027'29" East 18.427 meters to the Point of Beginning. Containing an area 6,385 square meters, more or less. PARCEL 46 (56450-9) UTILITY EASEMENT An easement for Utility purposes and incidents thereto, upon, over and across that certain real property described as follows: Beginning at the most southerly corner of the parcel of land described in the deed to Pacific Telephone and Telegraph Company (P.T.&T.), recorded October 23, 1946, in Page 23 of 34 Book 957 at Page 453 records of said County; thence along the southwesterly line of said P.T.&T. parcel North 3704321" Nicest, 24.382 meters; thence along the southeasterly line of the hereinabove described PARCEL 2 (56450-2) South 28052'25" West, 10.378 meters to the northeasterly line of the hereinabove described PARCEL 3 (56450-3); thence along said line South 62056'31" East, 22.387 meters to the Point of Beginning. Containing an area of 116 square meters, more or less. These bearings and distances used in the above descriptions are on the California Coordinate System of, 1983 (CCS83) Zone 111 (1991.35 HPGN). Multiply distances shown by 1.000068 to obtain ground distances. YELLOW ER�1 HT L_�S PARCEL 47 (156451-1) FEE Beginning at the most northerly comer said Parcel A (125 PM 9); thence along the northeasterly line of said Parcel A, South 72°45'25" East, 168.546 meters to the northeasterly comer of said parcel; thence along the southeasterly line of said parcel, South 14044'21" West, 39.851 meters; thence North 78023'20" West, 20.366 meters; thence North 45014'29" West, 17.544 meters; thence North 6041'18" East, 11.905 meters; thence North 74003'59" West, 100.723 meters; thence South 25021'28" West, 7.973 meters; thence South 35037'38" West, 7.688 meters; thence North 73016'42" West; 26.039 meters; thence North 70050'09" West, 10.131 meters to the northwesterly line of said Parcel A; thence along said line North 28054'22" East, 40.221 meters to the Point of Beginning. Containing an area of 5,163 square meters, more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. PARCEL 48 (56451-2) DRAINAGE EASEMENT An easement for Drainage Purposes and incidents thereto upon, over and across that certain real property described as follows: A strip of land 4.000 meters in width, measured at right angles and radially lying southeasterly, easterly and northeasterly of the following described line: Commencing at a point on the northwesterly line of said Parcel A (125 PM 9) which bears South 28054'22" West, 40.221 meters from the most northerly corner; thence South 70050'09" East, 10.131 meters; thence South 73016'42" East, 11.114 meters to the Point of Beginning for the herein described line, said point also being the beginning Page 24 of 34 of a non-tangent curve concave to the southeast, having a radius of 23.000 meters, a radial to which curve bears North 35058'07"West; thence southwesterly along the arc of said curve through a central angle of 361,57'21", an arc distance of 14.835 meters; thence South 17°04'32" West, 23.452 meters to a curve concave to the east having a radius of 27.000 meters; thence southerly and southwesterly along the arc of said curve through a central angle of 4604451", an arc distance of 22.029 meters; thence South 29°40'20" East, 20.182 meters to a curve concave to the southwest having a radius of 9.000 meters; thence southerly along the arc of said curve through a central angle of 3004100", an arc distance of 4.723 meters; thence South 002337" West, 1.849 meters to the northerly line of State Route 4, being the southerly terminus of the herein described line. The side line of said 4.000 meters in width strip .shall be shortened or lengthened to terminate between a line that bears South 73016'42" East from the Point of Beginning and the northerly line of State Route 4. Containing an area of 350 square meters more or less. PARCEL 49 (56451-3) DRAINAGE EASEMENT An easement for Drainage Purposes and incidents thereto upon, over and across that certain real property described as follows: A strip of land 4.000 meters in width (measured at right angles and radially) lying easterly and southeasterly of the following described line: Commencing at a point on the southeasterly line of said Parcel A (125 PM 9) which bears South 141,4421" West, 39.851 meters from the most easterly corner of said Parcel A; thence North 78023'20" West 10.614 meters to the Paint of Beginning for the herein described line; thence South 6030'26" West, 40.147 meters; thence South 16026'44" West, 23.787 meters to the northerly line of State Route 4, the southerly terminus the herein described line. The side line of said 4.000 meters in width strip shall be shortened or lengthened to extend from a line that bears South 781123'20" East from the Point of Beginning to the northerly line of State Route 4 Containing an area of 256 square meters, more or less. PARCEL 50 (56451.4) TEMPORARY CONSTRUCTION EASEMENT An easement for Temporary Construction Purposes to expire December 31, 2002 upon, over and across that certain real property described as follows: A strip of land 2.750 meters in width measured at right angles and radially lying northeasterly of the following described line: Page 25 of 34 Beginning at the intersection of the northwesterly line of said Parcel A (125 PM 9) with the northeasterly line of State Route 4; thence along said northwesterly line of State Route 4 the following courses; South 64°45'09" East, 21.431 meters to a curve concave to the northeast, having a radius of 275.826 meters, a central angle of 10026'00", an arc distance of 50.227 meters and South 75°11'09" East, 13.319 meters to the southeasterly terminus of the herein described line. The side line of said 2.750 meters in width strip shall be shortened or lengthened to extend from the northwesterly line of said Parcel A to a line that bears North 141148'51 ff East from said southeasterly terminus. Containing an area of 233 square meters, more or less. PARCEL 51 (56451-5) SLOPE EASEMENT An easement for Slope Maintenance purposes and incidents thereto upon, over and across that certain real property described as follows: Beginning at the southeasterly terminus of the line described as " North 70°50'09" West, 10.131 meters" in the hereinabove described PARCEL 1 (56451-1); thence South 38020'59" East, 23.000 meters; thence North 45019'45" East, 15.000 meters to the southeasterly line of said PARCEL 1; thence along said line North 73016'42" West, 26.039 meters to the Point of beginning. Containing an area 171 square meters, more or less. PARCEL 52 (56451-6) UTILITY EASEMENT An easement for Utility purposes and incidents thereto upon, over and across that certain real property described as follows: Commencing at the intersection of the northwesterly line of said Parcel A (125 PM 9) with the northeasterly line of State Route 4; thence along said line North 2854'22" East, 13.500 meters to the Point of Beginning for the herein described parcel; thence South 65018'03 East, 16.855 meters; thence South 69057'52" East, 57.791 meters; thence South 73°11'52" East, 17.978 meters; thence South 7044'52" West, 12.857 meters to the northeasterly line of State Route 4; thence along said northeasterly line the following courses: North 75"11"09" West, 6.143 meters, North 7044'52" East, 6.897 meters, North 73011'07" West, 12.949 meters, North 6957'52" West, 58.211 meters, and North 651117'58" West, 17.551 meters to said northwesterly line of said Parcel A (125 PM 9); thence along said line North 281,54'22" East, 6.112 meters to the Point of Beginning Containing an area of 613 square meters more or less. Page 26 of 34 PARCEL 53 (56451-7) UTILITY EASEMENT An easement for Utility purposes and incidents thereto, upon, over and across that certain real property described as follows: Beginning at the most southerly comer of said Parcel A (125 PM 9) said point also being on the northeasterly line State Route 4; thence along said northeasterly line the following courses: North 75°11'09" West, 46.232 meters, South 14°48'51" West, 6.616 meters and North 75°11'09" West, 44.744 meters; thence leaving said State Route 4, North 14045'14" East, 6.610 meters; thence South 751,14'46" East, 90.983 meters to the southeasterly line of said Parcel A; thence along said line South 14°48'51" West, 6.096 meters to the Point of beginning Containing an area of 578 square meters more or less. PARCEL 54 (56451-8) MAINTENANCE EASEMENT An easement for maintenance purposes and incidents thereto, upon, over and across that certain real property described as follows: A strip of land 2.000 meters in width (measured at right angles) lying southwesterly of the line described as "North 74003'59" West, 100.723 meters" in the above described PARCEL 1(56451-1). The side line of said 2.000 meters in width strip shall be shortened or lengthened to extend from a line that bears South 25021'28" West from the northwesterly terminus to a line that bears South 6041'18" West from the southeasterly terminus of the above described line. Containing an area 202 square meters, more or less. These bearings and distances used in the above descriptions are on the California Coordinate System of 1983 (CCS83) Zone 111 (1991.35 NPGN). Multiply distances shown by 1.000068 to obtain ground distances. HALLIS.SY PARCEL 55 (564531) FEE Beginning at the intersection of the northwesterly line of State Route 4 as described in the deed recorded July 24, 1942 in Book 677 at Page 38 Official Records of said County, with the west line of said Nallissy parcel (17735 O.R. 777); thence along said west line North 1020'01" East, 81.954 meters; thence South 5004232" East, 24.065 meters; thence North 57027'20'° East, 68.922 meters to the east line of said Hailissy parcel (17735 O.R. 777); thence North 7004222" East, 67.068 meters; thence North Page 27 of 34 6400'00" East, 140.805 meters to the northeasterly line of the parcel described as "Parcel IA" as described in the Final Order of Condemnation No. 89392, recorded December 22, 1965 in Book 5019 at page 584 Official Records of said County; thence along said northeasterly line South 57014'13° East, 46.928 meters to the northwesterly nine of State Route 4; thence along said northwesterly line South 6103336" West, 281.353 meters, and South 64058"55"West, 66.826 meters to the Point of Beginning. Containing an area of 16,009 square meters, more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantors remaining property, in and to said freeway. PARCEL 56 (56455-1) FEE Beginning at the intersection of the northwesterly line of State Route 4 as described in the deed recorded July 24, 1942 in Book 677 at Page 38 Official Records of said County, with the southwesterly line of the parol of land described in "Distribution to Trust C", shown as real property item III in said Trustees Deed (17002 O.R. 786), also being the northeasterly line of that parcel of land described in the deed to the Burlington Northern Santa Fe Railroad (B.N.S.F.R.R.) formerly the Atchison, Topeka and Santa Fe (ATSF) Railway Company recorded November 10, 1944 in Volume 792 at Page 205 Official Records of said County; thence along said southwesterly line North 60052'05" West, 111.932 meters; thence North 85033'38" East, 70.385 meters; thence North 22020'02" East, 177.1.98 meters; thence North 841,2743" East, 40.703 meters; thence South 51038'15" East, 172.079 meters; thence North 681040'29" East, 222.330 meters; thence North 45°00'25" East, 127.329 meters; thence North 67049'42" East, 87.497 meters; thence South 50042'32" East, 25.441 meters to the west line of that parcel of land described as the exception from Parcels One and Two in said Trustees' Deed (17002 O.R. 786); thence along said west line South 1020'01" West, 81.954 meters to an intersection with the northwesterly line of State Route 4; thence along said northwesterly line of State Route 4, South 641158'55" West, 358.413 meters, and South 75016'32" West, 296.079 meters to the Point of Beginning. Containing an area of 70,118 square meters, more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantors remaining property, in and to said freeway. Reserving, however to the grantor, grantor's successors or assigns, the right of way access through the opening to the freeway over and across the following described line: Commencing at the southwesterly terminus of the line hereinabove described as "South 85033'38" West, 70.385 meters'; thence North 8503338" East, 13.470 meters to the Page 28 of 34 Point of Beginning for the herein described line; thence continuing North 85033'38" East, 10.000 meters to the northeasterly terminus of the herein described line. Also Reserving, however to the grantor, grantor's successors or assigns, the right of way access through the opening to the freeway over and across the following described line: Commencing at the northeasterly terminus of the line hereinabove described as "North 68040'29" East, 222.330 meters"; thence South 68040'29" West, 56.598 meters to the Point of Beginning for the herein described line; thence continuing South 68040'29" West, 10.000 meters to the southwesterly terminus of the herein described line. PARCEL 57 (56455-5) UTILITY EASEMENT An' easement for Utility purposes and incidents thereto, upon, over and across that certain real property described as follows: Commencing at the southeasterly terminus of the line described as "South 51038,15" East, 172.079 meters" in the hereinabove described PARCEL 1 (564551); thence North 68040'29" East, 81.563 meters to the Point of Beginning for the herein described parcel; thence North 5$5642" West, 80.723 meters; thence North 84003'10" East, 4.000 meters; thence South 545642" East, 79.623 meters to the northwesterly line of hereinabove described PARCEL (56455-1); thence along said line South 68440'29" West, 4.149 meters to the Point of Beginning. Containing an area of 321 square meters more or less. PARCEL 58 (56456-1) PEE Commencing at the southwest corner of the parcel of land as described in the Distribution to Trust C, shown as real property item IV in said Trustees Deed (17002 U.R. 786); thence along the west line of said Hallissy Parcel North 1423132" East 76.955 meters to Point of Beginning for the herein described parcel; thence continuing along said west line North 1423'32" East, 105.417 meters to the southerly line of the Burlington Northern Railroad right of way, also being the beginning of a non-tangent curve concave southerly having a radius of 567.064 meters, a radial to said curve bears North 404647" West; thence along the arc of said curve through a central angle of 0402'05" an arc distance of 0.343 meters to a curve concave southerly having a radius of 484.042 meters; thence along the arc of said curve through a central angle of 1403'00", an arc distance of 8.870 meters to a curve concave southerly having a radius of 421.846 meters; thence along the arc of said curve through a central angle of 16404'15", an arc distance of 118.324 meters to a curve concave southerly having a radius of 484.042 meters; thence along the arc of said curve through a central angle of 1403'00" an arc distance of 8.870 meters to a curve concave southwesterly having a Page 29 of 34 radius of 567.064 meters; thence along the arc of said curve through a central angle of 0054'00" an arc distance of 8.903 meters to a curve concave southwesterly having a radius of 683.389 meters; thence along the arc of said curve through a central angle of 045'00" an arc distance of 8.945 meters to a curve concave southwesterly having a radius of 857.958 meters; thence along the arc of said curve through a central angle of 0 36'00" an arc distance of 8.985 meters to a curve concave southwesterly having a radius of 1,148.959 meters; thence along the arc of said curve through a central angle of 0027'00" an arc distance of 9.024 meters to a curve concave southwesterly having a radius of 1,731.031 meters; thence along the arc of said curve through a central angle of 0018'00" an arc distance of 9.963 meters to a curve concave southwesterly having a radius of 3,477.289 meters; thence along the arc of said curve through a central angle of 0009'00" an arc distance of 9.104 meters; thence South 7302527" East, 279.300 meters to a curve concave southwesterly having a radius of 3,492.534 meters; thence along the arc of said curve through a central angle of 0009'00" an arc distance of 9.143 meters; to a curve concave southwesterly having a radius of 1,746.282 meters; thence along the arc of said curve through a central angle of 0018'00" an arc distance of 9.144 meters to a curve concave southwesterly having a radius 1,164.207 meters; thence along the arc of said curve through a central angle of 0027'00" an arc distance of 9.144 meters to a curve concave southwesterly having a radius of 873.173 meters; thence along the arc of said curve through a central angle of 00 36'00" an arc distance of 9.144 meters to a curve concave southwesterly having a radius of 698.559 meters; thence along the arc of said curve through a central angle of 0045'00" an arc distance of 9.144 meters; thence South 71006'47" East, 1.205 meters to the northwesterly line of State Route 4 as described in instrument to the State of California recorded, July 24, 1942 in Book 677 of Official Records at page 38, records of said County; thence along said line South 75016'32" West, 9.098 meters to a non-tangent curve concave southwesterly having a radius of 693.559 meters, thence along the arc of said curve through a central angle of 0013'23", an arc distance of 2.701 meters to a curve concave southwesterly having a radius of 868.173 meters; thence along the arc of said curve through a central angle of 0036'00", an arc distance of 9.091 meters to a curve concave southwesterly having a radius of 1159.207 meters; thence along the arc of said curve through a central angle of 0027'00", an arc distance of 9.104 meters to a curve concave southwesterly having a radius of 1,741.282 meters; thence along the arc of said curve through a central angle of 0018'00", an arc distance of 9.117 meters to curve concave southwesterly having a radius of 3,487.534 meters; thence along the arc of said curve through a central angle of 0009'00", an arc distance of 9.130 meters; thence North 73025'27" West, 47.349 meters to a curve concave northerly, having a radius of 1231.600 meters, a radial to said curve bears South 003633" East; thence along the arc of said curve through a central angle of 1038'06" an arc distance of 35.148 meters; thence Forth 88058'27" West, 67.885 meters; thence South 1002'09" West 12.787 meters; thence South 4904526" West, 20.168 meters; thence North 8805826" West, 8.572 meters; thence North 83050'30" West, 100.605 meters; thence North 88050'29" West, 183.746 meters to the Point of Beginning. Page 30 of 34 Containing an area of 80,285 square meters, more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. PARCEL 59 (56456-2) DRAINAGE EASEMENT An easement for Drainage purposes and incidents thereto upon, over and across that certain real property described as follows. A strip of land 4.000 meters in width measured at right angles lying easterly of the following described line. Commencing at the Point of Beginning for the above described PARCEL 1 (56456-1); thence along the southerly line of said parcel, South 88050"29" East, 100.792 meters to the Point of Beginning for the herein described line, thence South 61110'58" West, 73.608 meters to the northerly line of the above described PARCEL 2 (56456-4) also being the southerly terminus of the herein described line. The sideline of said 4.000 meter strip shall be shortened or lengthened to extend from the southerly line of the above described PARCEL 1 (56456-1) to the northerly line of the above described PARCEL 2 (56456-4) Containing an area of 295 square meters, more or less. PARCEL 60 (56456-3) TEMPORARY CONSTRUCTION EASEMENT An easement for Temporary Construction purposes to expire December 31, 2002 upon, over and across that certain real property described as follows A strip of land 7.000 meters in width measured at right angles lying easterly of the following described line: Commencing at the westerly terminus of the line described as "North 88058127" West, 67.885 meters" in the above described PARCEL 1 (56456-1); thence along said line 33.700 meters to the Point of Beginning for the herein described line; thence South 1°01'33" West, 54.721 meters to the northwesterly line of State Route 4 also being the southerly terminus of the herein described line. The sideline of said 7.000 meter strip shall be shortened or lengthened to extend from the southerly line of the above described PARCEL 1 (56456-1) to the northwesterly line of State Route 4. Containing an area of 379 square meters more or less. Page 31 of 34 PARCEL 61 (56456-4) FEE Beginning at the southwest corner of the parcel of land as described in the Distribution to Trust C, shown as real property item IV in said Trustees Deed (17002 O.R. 786), thence along the west line of said Hallissy Parcel North 102332" East, 10.180 meters thence leaving said line South 84052'53" East, 157.881 meters to a curve concave northwesterly having a radius 263.000 meters; thence along the arc of said curve through a central angle of 24001'09", an arc distance of 110.253 meters; thence North 71015'12" East, 65.324 meters, thence North 78052'19", 14.742 meters; thence South 8036'42" East, 8.133 meters to the northwesterly line of State Route 4; thence along said line South 71032'27"West, 79.921 meters to a curve concave northwesterly having as radius of 280.397 meters, along the arc of said curve through a central angle of 23036'24" an arc distance of 115.527 meters and North 84051'09"West, 154.608 meters to the Point of Beginning. Containing an area of 3,466 square meters, more or less. This conveyance is made for the purpose of a freeway and the grantor hereby releases and relinquishes to the grantee any and all abutter's rights of access, appurtenant to grantor's remaining property, in and to said freeway. Reserving, however to the grantor, grantor's successors or assigns, the right of way access through the opening to the freeway over and across the following described line: Commencing at the westerly terminus of the line described as "South 84052'53" East, 157.881 meters" in the hereinabove described PARCEL 2 (56456-4); thence along said line South 84°52'53" East, 5.000 meters to the Point of Beginning for the herein described line, thence continuing South 8452'53" East, 10.000 meters to the easterly terminus of the herein described line. Also Reserving, however to the grantor, grantor's successors or assigns, the right of way access through the opening to the freeway over and across the following described line: Beginning at a point that bears South 8405253" West, 151.792 meters from the the easterly terminus of the line described as "South 8452'53" East, 157.881 meters" in the hereinabove described PARCEL 2 (56456-4); thence continuing along said line South 8452'53" East, 6.089 meters, thence along the arc of a curve concave northerly, having a radius of 263.00 meters through a central angle of 0051'07", an arc distance of 3.911 meters to the easterly terminus of the herein described line. PARCEL 62 (56456-6) TEMPORARY CONSTRUCTION EASEMENT An easement for Temporary Construction purposes to expire December 31, 2002 upon, over and across that certain real property described as follows: Page 32 of 34 M Beginning at the northerly terminus of the line described as "North 1023'32" East, 10.180 meters" in the hereinabove described PARCEL 2 (56456-4) said line also being the west line of said Hallissy parcel, thence continuing along said west line North 102332" East, 66.775 meters to the southerly line of the above described PARCEL 1 (56456-1); thence along said line South 88°50'20" East, 100.752 meters to the westerly line of the hereinabove described PARCEL 3 (564562); thence along said line South 6010'58" West, 73.608 meters to the northwesterly line of said PARCEL 2 (56456-4); thence along said line North 84052'53" Vilest, 54.844 meters to the Point of Beginning. Containing an area of 6,855 square meters more or less. These bearings and distances used in the above descriptions are on the California Coordinate System of 1983 (CCS83) Zone 111 (1991.35 HPCN). Multiply distances shown by 1.000068 to obtain ground distances. G:\GrpDatakRealProp\SR4GAP\APPENDIX-Gap2-LEGALS.doc Page 33 of 34 I Costa County,California, at a meeting of said Beard of Supervisors of Contra Costa County, 2 California, at a meeting of said Board on the date indicated above. 3 Date: 4 5 T hereby certify that this is a true and correct copy of an action taken 6 and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: $ Phil Batchelor,Clerk of the Board of Supervisors and County Administrator 9 By Deputy 10 11 12 Orig. Dept: Public Works Department (R/P) 13 Contact: Daren A. Laws(313-2228) Auditor-Controller 14 County Counsel (Certified copy) 15 16 17 18 19 20 21 22 23 24 25 26 27 H.IDFOTMPJEFS\SLAMGAP-RN.WPD 28 1 RESOLUTION OF NECESSITY 3