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HomeMy WebLinkAboutMINUTES - 04271993 - H.2 H. 2 a THE BOARD OR SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 27, 1993 by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None SUBJECT: Proposed condemnation of real property owned by Southern California Water Company needed for State Route 4/Bailey Road Interchange Project,.Pittsburg area GOOD CAUSE APPEARING THEREFORE, IT IS BY THE BOARD ORDERED THAT its hearing on the proposed condemnation of real property owned by Souther California Water Company needed for State Route 4/Bailey Road Interchange Project, Pittsburg area, is CLOSED, and decision is DEFERRED to May 4, 1993 at 10:45 p.m. David Enzminger, 400 S. Hope Street, Los Angeles, representing the Southern California Water Company, appeared and addressed the Board. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown• 3 ATTESTED: PHIL BATC ELOR,Clerk of the Board of Supervisors and County Administrator + Oenllty CONTRA COSTA COUNTY BOARD OF SUPERVISORS NOTICE OF INTENT TO ADOPT RESOLUTION OF NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY OR INTEREST IN REAL PROPERTY BY EMINENT DOMAIN (California Code of Civil Procedure §1240.610 and 1245.235) TO: Jim Carson Southern California Water Company 3240 Gold Camp Drive, Suite 150 Rancho Cordova, CA 95670 Contra Costa County proposes to acquire the property described in Exhibit "A" ("subject property") for highway purposes. If approved by the Contra Costa County Board of Supervisors, this proposed acquisition for highway purposes would be pursuant to California Code of Civil Procedure §1240.610. Section 1240.610 provides that a public agency may exercise the power of eminent domain to acquire property already appropriated to public use if the use for which subject property is sought is a more necessary public use than the use to which the property is appropriated. In addition, California Code of Civil Procedure, Section 1240.030 provides that the power of eminent domain may be exercised to acquire property for a proposed project if the following conditions are established: (a) The public interest and necessity require the project. (b) The project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. (c) The property sought to be acquired is necessary for the project. (d) The offer required by Section 7267.2 of the Government Code has been made to the owner of record. You are hereby notified that Contra Costa County Board of Supervisors at its meeting to be held on Tuesday, April 27, 1993 at 11:00 a.m. at 651 Pine Street, located at Martinez, California will be asked to decide: 1. If the above conditions designated (a), (b), (c), and (d), are met concerning your property, 2. If the Highway use proposed by the County is a more necessary public use than the use to which the property is appropriated by Southern California Water Company. If the Board of Supervisors, so decides and all other 1 conditions are met then the proposed acquisition of subject property will be pursuant to Section 1240.610 of the California Code of Civil Procedure. 3. Whether the County has previously complied with the California Environmental Quality Act before proceeding with the proposed acquisition. 4. Whether that Offer together the accompanying Statement of the Amount Established as Just Compensation required to be made by Government Code §7267.2 complies with Section 7267.2; and 5. Whether other conditions, if any, necessary to establish the right to take subject property for highway purposes have been met. In the event that the Board of Supervisors decides that all of the above conditions for acquiring subject property by eminent domain are met, the Board of Supervisors will adopt a Resolution of Necessity. Questions regarding the amount of compensation to be paid are not part of this proceeding and the Board does not consider such in determining whether a resolution should be adopted. The adopted Resolution will authorize Contra Costa County to acquire the property by eminent domain pursuant to Code of Civil Procedure §1240.610. A description of the required property is attached to this Notice, marked Exhibit "A" and incorporated herein by reference. If you file a written request to appear (within 15 days from the mailing of this Notice, which Notice was mailed on April 6, 1993, you are entitled to appear, be heard, and object to the adoption of the Resolution. Objections are limited to the issues which the Board of Supervisors will decide at said hearing as listed in this Notice. The issues which the Board will decide are set forth on pages 1 and 2 of this Notice (designated 1, 2, 3, 4 and 5). All requests to appear must be sent for filing to the clerk of the Board of Supervisors, 651 Pine Street, Room 106, Martinez, CA., 94553. The written request must actually be on file within the 15-day period. Failure to file a written request results in a waiver of your rights to appear and be heard. Your written request to appear should include a statement of the issues that the Board will decide listed in this Notice, which the Southern California Water Company believes to be pertinent to this proposed acquisition. By designating which issues form the basis of your concerns, and why, you will enable the Board 2 of Supervisors to have a full and expeditious review made of the project's effect on your property. For your convenience, the Board of Supervisors will consider any written observations you may wish to submit, so long as such written observations are filed with the Board within the 15-day period. Contra Costa County must adopt a Resolution of Necessity before an eminent domain proceeding can be commenced. Within six months of the adoption of the Resolution of Necessity, the County will commence eminent domain proceedings in the Superior Court in the County where the property is located. In the proceeding, the Court will determine the amount of compensation to which Southern California Water Company is entitled. If you have any questions, please contact Karen A. McNamer at (510) 313-2228. Date J. Michael Walford Public Works Director KAM:glo c:Resr-M.t4 April 6, 1993 cc: Clerk of the Board 3 C�On5 CIS w u5 f t.1 O'MELVENY & MYERS 1999 AVENUE OF THE STARS 4O0 SOUTH HOPE STREET EMBARCADERO CENTER WEST LOS ANGELES, CALIFORNIA 90067-6035 275 BATTERY STREET TELEPHONE(310)553-6700 LOS ANGELES, CALIFORNIA 90071-2899 SAN FRANCISCO,CALIFORNIA 94111-330S FACSIMILE(310)246-6779 TELEPHONE 1415)984-8700 -- TELEPHONE (213) 669-6000 FACSIMILE(415)984-8701 610 NEWPORT CENTER DRIVE - NEWPORT BEACH, CALIFORNIA 92660-6429 TELEX 674122 FACSIMILE (213) 669-6407 10 FINSBURY SQUARE TELEPHONE(714) 760-9600 LONDON EC2A ILA FACSIMILE(714)669-6994 TELEPHONE(071)256-8451 — April FACSIMILE(071) 638-8205 555 13T.STREET, N.W. 2 0th WASHINGTON, D. C. 20004-1109 AKASAKA TWIN TOWER, EAST 1ST" FLOOR TELEPHONE(202)383-5300 (] (� 3 2-17-22 AKASAKA, MINATO-KU 1 9 FACSIMILE(202)383-5414 7 TOKYO 107 - TELEPHONE(03)3587-2800 CITICORP CENTER FACSIMILE(03)3587-9738 1S3 EAST 53RD STREET - NEW YORK, NEW YORK 10022-4611 RECEIVED AVENUE LOUISE 106 TELEPHONE(212)326-2000 1050 BRUSSELS FACSIMILE(212)326-2061 TELEPHONE(02) 647-0630 FACSIMILE 102) 646-47-29 WRITER'S DIRECT DIAL NUMBER APR 2 11993 OUR FILE NUMBER (213) 669-6270 1 1 814, 675-379 CLERK BOARD OF SUPERVISORS LA2-181661.v1 CONTRA COSTA CO. By Messenger Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, California 94553 Re: Request To Appear Meeting of the Board of Supervisors April 27, 1993, 11:00 a.m. Dear Sir or Madam: On April 6, 1993 , the County sent a Notice advising the Southern California Water Company ("Water Company") that the County Board of Supervisors intends to consider adopting a resolution of necessity to acquire certain real property owned by the Water Company at a Meeting of the Board of Supervisors, scheduled for April 27, 1993 . The Water Company hereby requests an opportunity to be heard, pursuant to California Civil Procedure Code Section 1245.235 for the purpose of addressing the propriety of such a resolution. The Water Company will primarily address two issues concerning the County's proposed actions, which the Water Company believes to be unlawful: (1) The County has not meet its obligations under Government Code Section 7267.2, because its offer is predicated solely on land and equipment value of the Madison Treatment Plant without compensation for severance damages associated with the need to replace the lost treatment . capacity. The County has acknowledged that severance damages will result from the elimination of the treatment capacity of the Madison Treatment Plant. The Water Company Administret,)r �._ :.Ith Cervices Community Deve!opnwnt Pubic Works County Ccunfet Page 2 - Clerk, Contra Costa County Board of Supervisors - April 20, 1993 has provided the County with cost estimates of approximately $4 million for replacement of the treatment capacity necessary to avoid or to cure that damage, and those initial estimates were verified by expert engineers approached by the Contra Costa Water District at the County's behest who have suggested that the costs may well exceed the Water Company's estimate. The County's failure to offer the Water Company compensation for severance damages violates the County's obligations under Government Code Section 7267.2 to make a good faith offer of just compensation. (2) The County's decision not to replace the lost capacity of the Madison Treatment Plant would constitute a material change in the project described in the Environmental Impact Report for the highway project, which specifically identifies replacement of that treatment capacity by expanding Water Company's Hill Street Plant as an integral part of the highway project. (See, e.g. , Draft Environmental Impact Report at page 1-13 , and pages 2-12 to 2-14 . ) Elimination or material alteration of this project would require the preparation of a supplemental environmental report, which to our knowledge has not been done. Failure to make a good faith offer consistent with the obligations of Government Code Section 7262 .2, or violation of the Environmental Quality Act, would render subsequent condemnation unlawful and provide the Water Company with a defense to any attempt to take the property by eminent domain. See City of San Jose v. Great Oaks Water Company, 192 Cal. App. 3d 1005 (1987) . If the County chooses to proceed in this unlawful fashion, the Water Company will assert these defenses, and any other defenses available to it, to defeat condemnation. Although the Water Company does not desire to deal with the County on an adversarial basis, it is fully prepared to do so if no amicable resolution is available. Very truly yours, .James W. Colbert, III of O MELVENY & MYERS DPE/ih COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ,CALIFORNIA ECE�VED Date: April 26, 1993 APR 2 T 1993 To: Board of Supervisors C�RCONTpq CFSup Cp�r9 - V/Sc) From: Victor J. Westman, County Couns moo. s By: Sharon L. Anderson, Deputy% y ounsel Re: STATE HIGHWAY 4/BAILEY ROAD INTERCHANGE This responds to the letter from O'Melveny and Myers, the attorneys for Southern California Water Company ( "Water Company" ) , dated April 10, 1993. The Water Company contends that the proposed condemnation is unlawful because the County's offer pursuant Government Code section 7267.2 did not include an amount for alleged severance damages. County staff's position is that there are no severance damages. Whether or not Southern California Water Company is legally entitled to severance. damages is a matter that will be resolved by the court in the proposed eminent domain action. The Water Company further contends that the County was required to prepare a supplemental environmental impact report and that failure to do so violates CEQA. The County staff's position is that a supplemental EIR was not required. The environmental impacts of this project have been adequately considered by the Final EIR and the addendum thereto. SLA:la PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: o,n nS 93 TO: Board of Supervisors s�^�3 °°a 08 x FROM: J. Michael Walford, Public Works Director C66Q e �dy SUBJECT: REPORT RE: STATE HIGHWAY 4/13AILEY ROAD INTE _%J SOUTHERN CALIFORNIA WATER COMPANY Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public Works Director sent a Notice of Intention to Adopt a Resolution of Necessity for acquisition by eminent domain of real property in the W. Pittsburg area for the construction of the State Highway 4/Bailey Road Interchange project, and set Tuesday, April 27, 1993, at 11:00 a.m. as the date and time affected owners may appear and be heard as to matters specified by law under C.C.P. Sections 1245.235 and 1240.610 as well as the matters set forth below. Upon recommendation of County Counsel, the following report is made for the Board's information and consideration prior to taking action upon said hearing. I. Proposed Project - The State Route 4/Bailey Road Interchange project limits extend from the Willow Pass Grade Lowering project west of Bailey Road to 3,500 feet east of Bailey Road. The work consists of constructing six through lanes, two future high occupancy vehicle lanes, a 60-foot median sufficient to accommo- date the BART station and BART track, a new partial cloverleaf interchange with loop off-ramps and diagonal on-ramps and realignment of local roads including Canal Road, Bailey Road and Memorial Way in West Pittsburg. The property sought to be acquired ("subject property") is the Southern California Water Company Madison Street water treatment plant. Southern California Water Company asserts that the water treatment plant is appropriated to a public use. Therefore,the Southern California Water Company water treatment plant is sought to be acquired pursuant to Code of Civil Procedure Section 1240.610. Section 1240.610 permits acquisition by eminent domain if the use for which the property sought to be taken is a more necessary public use than the use to which the property is appropriated. In order to proceed with the project, it is necessary for the County to exercise its power of eminent domain. Pursuant to Section 1245.235 of the Code of Civil Procedure, notice was given to the following persons whose names and addresses appear on the last equalized County Assessment Roll: This notice consisted of sending by first-class and certified mail on April 6, 1993, a Notice of Intention which notified these owners that a hearing is scheduled for Tuesday,April 27, 1993, at 11:00 a.m. in the Board's Chambers, at which time they may appear to be heard on the matters referred to in the notice. 1 II. Scope of Hearing A. The public interest and necessity require the proposed interchange project because over the last decade Contra Costa County has experienced a significant increase in residential and commercial development. A substantial amount of this growth is occurring in the State Route 4 corridor resulting in increased traffic volumes and congestion, particularly during the peak commute periods. As development occurs and plans to extend BART to east Contra Costa County are implemented,the Bailey Road interchange is expected to experience a significant increase in peak period traffic. In addition to this area-wide traffic, the City of Pittsburg has projected considerable residential and commercial growth for the vicinity of the Bailey Road interchange. These projected increases in traffic and the installation of the regional transit terminal station demonstrates the need for additional capacity at the State Route 4/13ailey Road interchange and the need for local street modifications in the vicinity. The objective of the proposed project is to reconstruct the State Route 4/Bailey Road Interchange to accommodate the circulation and transporta- tion needs resulting from existing and planned development in this portion of Contra Costa County and to accommodate the extension of BART to Bailey Road and the resulting increase in traffic associated with a BART terminal station at Bailey Road. With this in mind,the proposed interchange and associated roadway improvements have been designed, or sized, to accommodate the traffic needs of both a BART terminal station at Bailey Road, and planned development in this area. B. The interchange project is planned and located in a manner compatible with the greatest good because it will relieve heavy traffic congestion at the project intersection thereby increasing traffic safety and reducing traffic delay. The project will cause the least private injury because it is located in the area that is already impacted by the existing intersection. Right of way requirements for the project have been kept to a minimum consistent with a functional interchange project. C. Subject property is required because of the proximity to Highway 4 and Bailey Road which places it within the minimum project area for the interchange. Only by a "no build" decision could subject property be reasonably avoided. Consequently subject property is necessary for the project. D. The proposed use for highway purposes is a more necessary public use than the use to which the property sought is appropriated (Code of Civil Procedure Section 1240.610). There are no reasonable alternatives to the required construction of the interchange project at Highway 4 and Bailey Road other than an unsatisfactory "no build" option. Subject property is used as a backup water treatment facility for the area served by the .Southern California Water Company. If the Southern Califomia Water 2 company continues to serve this area, the backup facility can be feasibly relocated. If Southern California Water Company is acquired by the Contra Costa Water District and the use of the Southern California Water Company facilities is discontinued then subject property would no longer be needed for backup service. In the interim between the removal of the treatment plant on subject property and resolution of backup water service needs, alternative interim backup water sources are available to the Southern California Water Company. E. The offer of compensation and the accompanying Statement of the Amount Established as Just Compensation has been made to the owner or owners of record as required by Section 7267.2 of the Government Code. F. A project Final Environmental Impact Report and an accompanying Addendum have been approved by the Board of Supervisors, which environmental documents are in compliance with the California Environmen- tal Quality Act. III. Recommended Action A. Board to ask if any notified property owners wish to be heard as to any of the items specified in Section II above. B. Upon completion and closing of the hearing, it is recommended that the Board make the findings and determinations listed under II A, B, C, D, E and F above and adopt a Resolution of Necessity to acquire the required property by eminent domain and direct the Board Clerk to file a copy of this report. JMW:KAM:glo C:CO2OaSC.t4 cc: County Administrator's Office County Counsel Real Property Board Clerk-H approved by the Board, please file a copy of this report In your records. 3 DATE: REQUEST To SPEAKFoRm (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: -%Va 672M!I)el1i� PHONE: 013) (04*- U ADDRESS: JY� I*- crry: Zws AnsaL— V I I am speaking formyself OR organization: -'5,v (26-2 - Cb. (NAME OF ORGANI7.N1 10-N) Check one: I wish to speak on Agenda Item # 2, My comments will be: general for against I wish to speak on the subject of I do not wish to speak but leave these comments for the Board to consider. i L1, 27� `/3 O'MELVENY & MYERS ' 1999 AVENUE OF THE STARS 400 SOUTH HOPE STREET EMBARCADERO CENTER WEST LOS ANGELES, CALIFORNIA 90067-6035 275 BATTERY STREET TELEPHONE(310)553-6700 LOS ANGELES, CALIFORNIA 90071-2899 SAN FRANCISCO, CALIFORNIA 94111-3305 FACSIMILE(3(0)246-6779 TELEPHONE(415) 984-6700 TELEPHONE (213) 669-6000 FACSIMILE(4151 984-8701 610 NEWPORT CENTER DRIVE - NEWPORT BEACH, CALIFORNIA 92660-6429 TELEX 674122FACSIMILE (213) 669-6407 10 FINSBURY SQUARE TELEPHONE(714)760-9600 LONDON EC2A ILA FACSIMILE(714) 669-6994 TELEPHONE(071)256-8451 — April FACSIMILE(071) 538-8205 SSS 13TR STREET, N.W. 20th WASHINGTON, D. C. 20004-1109 AKASAKA TWIN TOWER, EAST 18TH FLOOR TELEPHONE 1202)383-5300 •1 A f] 3 2-17-22 AKASAKA, MINATO-KU FACSIMILE(202)383-5414 1 9 9 TOKYO 107 TELEPHONE(03)3587-2800 CITICORP CENTER FACSIMILE(03)3587-9736 153 EAST 53RD STREET - NEW YORK, NEW YORK 10022-4611 RECEIVE® AVENUE LOUISE 106 TELEPHONE(212)326-2000 1050 BRUSSELS FACSIMILE(212)326-2061 TELEPHONE(02) 647-06-50 FACSIMILE(02) 646-47-29 WRITERS DIRECT DIAL NUMBER APR 2 1 1993 OUR FILE NUMBER (213) 669-6270 1 814, 675-379 CLERK BOARD OF SUPERVISORS LA2-181661.v1 CONTRA COSTA CO. By Messenger Clerk of the Board of Supervisors Contra Costa County 651 Pine Street, Room 106 Martinez, California 94553 Re: Request To Appear Meeting of the Board of Supervisors April 27, 1993, 11:00 a.m. Dear Sir or Madam: On April 6, 1993 , the County sent a Notice advising the Southern California Water Company (."Water Company") that the County Board of Supervisors intends to consider adopting a resolution of necessity to acquire certain real property owned by the Water Company at a Meeting of the Board of Supervisors, scheduled for April 27, 1993 . The Water Company hereby requests an opportunity to be heard, pursuant to California Civil Procedure Code Section 1245.235 for the purpose of addressing the propriety of such a resolution. The Water Company will primarily address two issues concerning the County's proposed actions, which the Water Company believes to be unlawful: (1) The County has not meet its obligations under Government Code Section 7267.2, because its offer is predicated solely on land and equipment value of the Madison Treatment Plant without compensation for severance damages associated with the need to replace the lost treatment capacity. The County has acknowledged that severance damages will result from the elimination of the treatment D,.;;iii'BL.11ION capacity of the Madison Treatment Plant. The Water Company ,_v 'Doard Members ._�C-aur y Administrator �._ i. aIth Services Community Development Public. Works 7 County Counsel Page 2 - Clerk, Contra Costa County Board of Supervisors - April 20, 1993 has provided the County with cost estimates of approximately $4 million for replacement of the treatment capacity necessary to avoid or to cure that damage, and those initial estimates were verified by expert engineers approached by the Contra Costa Water District at the County's behest who have suggested that the costs may well exceed the Water Company's estimate. The County's failure to offer the Water Company compensation for severance damages violates the County's obligations under Government Code Section 7267 .2 to make a good faith offer of just compensation. (2) The County's decision not to replace the lost capacity of the Madison Treatment Plant would constitute a material change in the project described in the Environmental Impact Report for the highway project, which specifically identifies replacement of that treatment capacity by expanding .Water Company's Hill Street Plant as an integral part of the highway project. (See, e.g. , Draft Environmental Impact Report at page 1-13, and pages 2-12 to 2-14 . ) Elimination or material alteration of this project would require the preparation of a supplemental environmental report, which to our knowledge has not been done. Failure to make a good faith offer consistent with the obligations of Government Code Section 7262 .2, or violation of the Environmental Quality Act, would render subsequent condemnation unlawful and provide the Water Company with a defense to any attempt to take the property by eminent domain. See City of San Jose v. Great Oaks Water Company, 192 Cal. App. 3d 1005 (1987) . If the County chooses to proceed in this unlawful fashion, the Water Company will assert these defenses, and any other defenses available to it, to defeat condemnation. Although the Water Company does not desire to deal with the County on an adversarial basis, it is fully prepared to do so if no amicable resolution is available. Very truly yours, Jams W. Colbert, III of O MELVENY & MYERS DPE/ih II. Scope of Hearing A. The public interest and necessity require the proposed interchange project because over the last decade Contra Costa County has experienced a significant increase in residential and commercial development. A substantial amount of this growth is occurring in the State Route 4 corridor resulting in increased traffic volumes and congestion, particularly during the peak commute periods. As development occurs and plans to extend BART to east Contra Costa County are implemented, the Bailey Road interchange is expected to experience a significant increase in peak period traffic. In addition to this area-wide traffic, the City of Pittsburg has projected considerable residential and commercial growth for the vicinity of the Bailey Road interchange. These projected increases in traffic and the installation of the regional transit terminal station demonstrates the need for additional capacity at the State Route 4/13ailey Road interchange and the need for local street modifications in the vicinity. The objective of the proposed project is to reconstruct the State Route 4/Bailey Road Interchange to accommodate the circulation and transporta- tion needs resulting from existing and planned development in this portion of Contra Costa County and to accommodate the extension of BART to Bailey Road and the resulting increase in traffic associated with a BART terminal station at Bailey Road. With this in mind, the proposed interchange and associated roadway improvements have been designed, or sized, to accommodate the traffic needs of both a BART terminal station at Bailey Road, and planned development in this area. B. The interchange project is planned and located in a manner compatible with the greatest good because it will relieve heavy traffic congestion at the project intersection thereby increasing traffic safety and reducing traffic delay. The project will cause the least private injury because it is located in the area that is already impacted by the existing intersection. Right of way requirements for the project have been kept to a minimum consistent with a functional interchange project. C. Subject property is required because of the proximity to Highway 4 and Bailey Road which places it within the minimum project area for the interchange. Only by a "no build" decision could subject property be reasonably avoided. Consequently subject property is necessary for the project. D. The proposed use for highway purposes is a more necessary public use than the use to which the property sought is appropriated (Code of Civil Procedure Section 1240.610). There are no reasonable alternatives to the required construction of the interchange project at Highway 4 and Bailey Road. other than an unsatisfactory "no build" option. Subject property is used as a backup water treatment facility for the area served by the Southern California Water Company. If the Southern California Water 2 J�. 2,- PUBLIC PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: April 22, 1993 r TO: Board of Supervisors FROM: J. Michael Walford, Public Works Director SUBJECT: REPORT RE: STATE HIGHWAY 4/13AILEY ROAD INTERCHANGE SOUTHERN CALIFORNIA WATER COMPANY Pursuant to procedure approved by Board Order, dated November 1, 1988, the Public Works Director sent a Notice of Intention to Adopt a Resolution of Necessity for acquisition by eminent domain of real property- in the W. Pittsburg area for the construction of the State Highway 4/Bailey Road Interchange project, and set Tuesday, April 27, 1993, at 11:00 a.m. as the date and time affected owners may appear and be heard as to matters specified by law under C.C.P. Sections 1245.235 and 1240.610 as well as the matters set forth below. Upon recommendation of County Counsel, the following report is made for the Board's information and consideration prior to taking action upon said hearing. I. Proposed Project - The State Route 4/Bailey Road Interchange project limits extend from the Willow Pass Grade Lowering project west of Bailey Road to 3,500 feet east of Bailey Road. The work consists of constructing six through lanes, two future high occupancy vehicle lanes, a 60-foot median sufficient to accommo- date the BART station and BART track, a new partial cloverleaf interchange with loop off-ramps and diagonal on-ramps and realignment of local roads including Canal Road, Bailey Road and Memorial Way in West Pittsburg. The property sought to be acquired ("subject property") is the Southern California Water Company Madison Street water treatment plant. Southern California Water Company asserts that the water treatment plant is appropriated to a public use. Therefore, the Southern California Water Company water treatment plant is sought to be acquired pursuant to Code of Civil Procedure Section 1240:610. Section 1240.610 permits acquisition by eminent domain if the use for which the property sought to be taken is a more necessary public use than the use to which the property is appropriated. In order to proceed with the project, it is necessary for the County to exercise its power of eminent domain. Pursuant to Section 1245.235 of the Code of Civil Procedure, notice was given to the following persons whose names and addresses appear on the last equalized County Assessment Roll: This notice consisted of sending by first-class and certified mail on April 6, 1993, a Notice of Intention which notified these owners that a hearing is scheduled for Tuesday, April 27, 1993, at 11:00 a.m. in the Board's Chambers, at which time they may appear to be heard on the matters referred to in the notice. 1 company continues to serve this area, the backup facility can be feasibly relocated. If Southern California Water Company is acquired by the Contra Costa Water District and the use of the Southern California Water Company facilities is discontinued then subject property would no longer be needed for backup service. In the interim between the removal of the treatment plant on subject property and resolution of backup water service needs, alternative interim backup water sources are available to the Southern California Water Company. E. The offer of compensation and the accompanying Statement of the Amount Established as Just Compensation has been made to the owner or owners of record as required by Section 7267.2 of the Government Code. F. A project Final Environmental Impact Report and an accompanying Addendum have been approved by the Board of Supervisors, which environmental documents are in compliance with the California Environmen- tal Quality Act. III. Recommended Action A. Board to ask if any notified property owners wish to be heard as to any of the items specified in Section II above. B. Upon completion and closing of the hearing, it is recommended that the Board make the findings and determinations listed under II A, B, C, D, E and F above and adopt a Resolution of Necessity to acquire the required property by eminent domain and direct the Board Clerk to file a copy of this report. JMW:KAM:glo C:CO20aSC.t4 cc: County Administrator's Office County Counsel Real Property Board Clerk-M approved by the Board, please file a copy of this report in your records. 3 DATE: /913 ' REQUEST To SPEAK FORM (THREE (3) MINUTE LIMIT) Complete this form and place it in the box near the speakers' rostrum before addressing the Board. NAME: TO vi d PHONE: ADDREss: oo A.Ve ST7'2Z CITY: L ds I am speaking formyself _ OR organization: Sou4ern (!V a k2- w (3o, Check one: (NAME OF ORCANIZNTION) ©,ul IF T-gML5' 15 4,U 4Datr76w4- I wish to speak on Agenda Item it I 5tAFF Rb*b27,' My comments will be: general for against . I wish to speak on the subject of _ I do not wish to speak but leave these comments for the Board to consider. 4�du aLl"'L Q�rnc?� w q&z) �+► � �v/leac cr�►�� c�rrx.�wN�rWf4=An�.� 3 APR-26-1993 13:45 FROM C.C.C.PUBLIC WORKS TO CO. COUNSEL P.02 �.• - ' •FpR-,j23-1993 17033 FROr" 'ITY OF PICOM DEV TO 31P.02 City of Pittsburg Chic Center•P.O.3=1518•Pte,California 94%S Community Development Depart*ont Engineering Division office (510) 459-4930 ftlecopy (510) 439-0527 April 23, 1993 RECEIVED Mr. Robert paraorur APR 2 7 Senior Civil Engineer Contra Costa County Public Works Dept. t--- - 255 Glacier Drfvs I CLERK .: Martinez, CA 94553-4897 Subjects T iporary water Provision for southern California water ' Cly (Sew) Dear Bab: The Route 4/Hailey Road Interchange highway project will require 1 the acquisition of the Southern California water Company("SCW") Madison street treatment plant. As requested by the agencies Involved in the highway project, the City of Pittsburg agrees to provide treated water to SCW upon the Company's request conditional upon SCW entering into an agreement with the City of Pittsburg 3n .a form substantially similar to the agreement attached to this letter. This agreement provides for a sustained supply of 300 gallons per minute and up to 1,500 gallons per minute for peals flows and emergency situations except for cases where the system's ability ' should be impeded due to malfunctions, emergencies, inadequate storage capacity or other unforeseen problems, The duration of the agreement is from the execution date =til October 1, 1995 with one or swore possible extensions. 3i core A asser Shiza Corms inity De opment Director attachment ac: Lillian Pride, Assistant City Manager Michael Woods, City Attorney Robert Soderbery, Public Services Director Wally Girard, Senior Civil Engineer Paul Maxwell, Contra Costa Transit Authority Collin Towner, Contra Cost& Mater District James Carson, Southern California Water Company Ct1Nllistl�llT6.BR4 " Lbw slGfkndu Gaet Helen her,m A.ard-19p8 Nadeau!Cnm fot Pabfk Pmdodirkh lx=W&fq Awmd-1949 City of New Horizons APR-26-1993 13 43 5103132333 P.002 APR-26-1993 .13:45 FROM C.C.C.PUBLIC WORKS TO CO. COUNSEL P.03 WR-x73-1993 17:34 FROr ITY OF PITT59 RG COM DEV TO 3132333 P.03 Agreement for Temporary Water Service This Agreement is entered into as of , 1993, between the City of Pittsburg, a mun cipal corporation, hereinafter referred to as "City," and the Southern California Nater Company, a California Corporation, hereinafter referred to as "Nater company," and is based on the following facts: A. Water Company desires to obtain a temporary Mater supply from City during the revision of certain water company facilities. Such temporary supply shall be used as interim emergency back-up water service to the area served by Water Company's Madison Street Treatment Plant, by reason of the Nadison Street Treatment Plant acquisition by Contra Costa County ("County"). Water Company customers are outside City's normal service area. D. City agrees to supply water to Nater Company for its customers on a temporary basis. C. An interoonnection between a 12 inch diameter main of the City's water system and Water Company's system presently exists at the interaaction of Leland Road and Leland Circle (the "Lelaad'Connection") . D. City has supplied water to Water Company in the past, and Water Company found such source to be adequate. NOW, THEREFORE, the parties agree' aa follows: SAcction 11 Delivery-and Quality of Water A. City shall supply Water Company with 300 gallons per minute of potable water through the Leland Connection for interim emergency back-up water service to the area now served by the Xadison Street Treatment Plant. As used in this agreement, "interim emergency back-up water service" shall not exceed the amount of back-up water service that Would have been provided by the Madison Street Treatment Plant, but for its acquisition by County. Delivery shall be on an as needed basis at hater Company's request. City shall provide up to i,S00 gallons per minute .of potable water through the Leland Connection in order to satisfy peak demands and fireflow requirements for a limited period of time. B. City bears no additional responsiblilty, regarding water quality. other than assuring that the quality of water shall be substantially the same as is provided to City customers. page 1 of 4 APR-26-1993 13:44 5103132333 P.003 APR-26-1993 .1346 FROM C.C.C.PUBLIC WORKS TO CO. COUNSEL P.04 4:R-23-1.993 17:34 FROM IlY 1F PITTSBLFD COM 1EU TO 3132333 P.04 C. water Company shall bo responsible for notifying its customers that City's Water contains chloramine and fluoride as part of the treatment process. D. The account of water transferred from City to Water Company must be reported to the Contra Costa Water District (CCWD) . Nater Company shall errange for a reporting method which is satisfactory to CCWD. Section Z Chances and Patent ' A. City shall bili Hater Company monthly for all water tinder this AgreeWat. The amount of water delivered shall be determined by the meter installed at the Leland Connection. The billing rate shall be twice the rate City presently charges metered customers within City's service area. The parties agree that this is an appropriate and reasonable rate under the circumstances. Water Company shell pay each monthly invoice within 30 days of its date. B. water Company shall reimburse City for any and all costs incurred by City for any necessary modifications or adjustmentti for providing Hater to water Company customers. Water company further agrees to reimburse City for any and all costs associated with restoring City's system after termination of this Agreement. dater Company shall pay all maintenance costs incurred by City as a result of providing this temporary service. Section-3 Reduc%Lon in serviae Water Company recognizes City may detemins that reductions in water deliveries are necessary throughout City's water syltefl to effectively respond to drought conditions or supply limitations. . City may reduce deliveries to Water Company in the same proportion as City reduces deliveries to metered customers within City's service area. Any determination that a reduction in water deliveries is necessary shall be in City's sole discretions Section 4 Increased Usage Water Company shall not draw more water from the LelaAd Connection than City is obligated to provide under this Agreement for emergency back-up water service without City's prior written consent. Excess usage without City's consent shall be sufficient basis for City to terminate this Agreement upon 90 days notice to Water Company. City shall not be liable for its inability to supply the amount of water stipulated in this agreement where: (1) drought conditions, supply or storage lim,itationap (3) temporary malfunctions in the delivery system; or (3) any emergency other page Z of 4 APR-26-1993 13:44 5103132333 P.004 APR-26-1993 .13:46 FROM C.C.C.PUBLIC WORKS TO CO. COUNSEL P.05 APR-7 1993 17=35 FRCP, 'ITY OF PITTSBLFM Cc" DEV TO P.05 than drought conditions or supply limitations prevent City from so doing. Section 5 Term A. This Agreement shall become effective upon the date executed and remain in effect until October 1, 1995, unless terminated sooner under section 9, above. In addition, either party may terminate this agreement without cause by giving one year's written notice to the other party of itr desire and intent to do so. B. While this agreement is in effect, dater Company may request bne or more yearly extensions of this Agreement by submitting its request in writing to City at least ninety (90). days prior ,to termination of this Agreement. City shall have sole discretion either to grant or deny mater Company's request. section fi indd j=1ty, Water Company shall defend, indemnify and hold harmless City, its officials, employees, agents and representatives from any loss, claim or action arising from or in anyway connected with City's agreement to provide water to Water Company or Water Company's use at that water under this Agreement. Water Company agrees that it shall be responsible for any costs associated with contamination or damage to City's water system from conditions in Nater Company's system. • i �,gc ion 7 g� rovisions A. if litigation is instituted to enforce the terms of this Agreement, the prevailing party shall be entitled to attorneys' fees, including without limitation court costa, costs of investigation, accounting costs and other costs reasonably associated with the litigation, in an amount determined by a court having .jurisdiction over the action. s. This Agreement shall be governed by and interpreted according to the laws of the State of California. C. The language of this Agreement shall be interpreted as a ahold according to its fair meaning, and shall not be Strictly construed in favor of or against either party. D. Each signatory to this Agreement warrants that he or she page 3 of 4 APR-26-1993 13:45 5103132333 P.e05 APR-26-1993 .13:47 FROM C.C.C.PUBLIC WORKS TO CO. COUNSEL P.06 PPR=23-1993 1735 FRQ• ITY OF PITTMM COM DEV TO 3132333 P.06 has full authority to execute this Agreement and bind the entity represented. E. This agreement shall be binding on Water Company its respective successors and assigns. WIMRSFORE, the parties have executed this Agreement as of the date first written above. City of Pittsburg Southern California Water Company gy: By= S. A. Donato City Danger Approved as to Form: Approved as to Form: • . i By: By: Xichael R. woods City Attorney hater Covj=y Legal Council Attest: sy: City Clerk n�►r\coc�T�xzoa.sRa • • page 4of4 TOTi� P.06 TOTAL P.06 APR-26-1993 13:45 5103132333 P.006 THE BOARD OF SUPERVISORS 2 CONTRA COSTA COUNTY, CALIFORNIA 3 Re: Condemnation of Property RESOLUTION OF NECESSITY 4 for Public Road Purposes, No. 93/ 226 State Highway 4/Bailey Road (C.C.P. S 1245 . 230) 5 Interchange W. Pittsburg (C.C.P. S 1240 . 610) Area Project No. 4660-6X4158 (C.C.P. S 1240 . 510) 6 7 The Board of Supervisors of Contra Costa County, California, 8 by vote of two-thirds or more of its members, RESOLVES that: 9 Pursuant to Government Code section 25350 .5 and Streets and 10 Highways Code section 943, Contra Costa County intends to 11 construct a road reconstruction project, a public improvement, to 12 widen State Highway 4 at Bailey Road, West Pittsburg area, and, 13 in connection therewith, acquire interests incertain real 14 property. 15 The property to be acquired consists of twenty-three parcels 16 and is generally located in the West Pittsburg area. The said 17 property is more particularly described in Appendix "A" , attached 18 hereto and incorporated herein by this reference. 19 On April 8, 1993, notice of the County's intention to adopt 20 a resolution of necessity for acquisition by eminent domain of 21 the real property described in Appendix "All was sent to persons 22 whose names appear on the last equalized County Assessment Roll 23 as owners of said property. The notice specified Tuesday, April 24 27 , 1993, at 11:00 a.m. in the Board of Supervisors Chambers in 25 the Administration Building, 651 Pine Street, Martinez, 26 California, as the time and place for the hearing thereon. 27 28� RESOLUTION NO. 93/226 1 The hearing was held at that time and place, and all 2 interested parties were given an opportunity to be heard. Based 3 upon the evidence presented to it, this Board finds, determines 4 and hereby declares the following: 5 1 . The public interest and necessity require the proposed 6 project. 7 2 . The proposed project is planned and located in the 8 manner which will be most compatible with the greatest 9 public good and the least private injury. 10 3 . The property. described herein is necessary for the 11 proposed project. 12 4 . The offer required by and consistent with section 13 7267 . 2 of the Government Code, together with the 14 accompanying statement of the amount established as 15 just compensation, was made to the owner or owners of 16 record. 17 5 . Some of the property sought to be acquired is 18 appropriated to a public use. The determination and 19 finding is made that the proposed use is a more 20 necessary use than the use to which the property is now 21 appropriated, or a compatible public use. This 22 resolution is adopted pursuant to Code of Civil 23 Procedure sections 1240.510 and 1240. 610. 24 6 . All conditions necessary to establish the right to take 25 the property required for the highway project have been 26 complied with. 27 The County Counsel of- this County is hereby AUTHORIZED and 28 EMPOWERED: RESOLUTION NO. 93/ 226 1 To acquire in the County's name, by condemnation, the I 2 property described in Appendix "A" , attached hereto and 3 incorporated herein by this reference in accordance with the 4 provisions for eminent domain in the Code of Civil Procedure and 5 the Constitution of California: 6 The following parcels are to be acquired in fee simple 7 absolute: 51217-1, 51218-1(A) , 51218-1 (B) , 51260-1 , 51260-2, . 8 51260-3, 51267-1 51276, 51277-1, 51313, 51319-1, 51316 and 9 52296-1 . 10 The following parcels to be acquired as a permanent roadway 11 easement: 52207-1 . 12 The following parcels are to be acquired as a temporary 13 construction easement: 51260-5, 51319-2, 51319-4 and 51319-5 . 14 The following parcel is to be acquired as a permanent sewer 15 easement: 51319-3 . 16 The following parcels are to be acquired as a permanent WAPA 17 easement: 52296-2, 52207-2 . 18 The following parcel is to be acquired as a permanent slope 19 and drainage easement: 51267-2 . 20 The following parcel is to be acquired as an access 21 easement: 52318-1 . 22 To prepare and prosecute in the County's name such 23 proceedings in the proper court as are necessary for such 24 acquisition; 25 To deposit the probable amount of compensation, based on an 26 appraisal, and to apply to said court for an order permitting the 27 County to take immediate possession and use said real property 28 for said public uses and purposes . RESOLUTION NO. 93/ 226 1 PASSED and ADOPTED on April 27, 1993, by the following vote: 2 AYES Supervisors Powers, Smith, Bishop, McPeak and Torlakson 3 NOES: None 4 ABSENT: None 5 1 HEREBY CERTIFY that the foregoing resolution was duly and 6 regularly introduced, passed and adopted by the vote of two 7 thirds or more of the Board of Supervisors of Contra costa 8 County, California, at a meeting of said Board on the date 9 indicated. 10 Date: April 27, 1993 11 12 I hereby certify that this Is a ftue and correct copy of 13 an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: Anril 27- 19q3 14 PHIL BATCHELOR.Clerk of the Board of Supervisors and Adinlrdstnuoir 15 77 By 16 171 18 19 20 21 22 23 Orig. Dept. Public Works Department (R/P) Contact: 24 Auditor-Controller County Counsel .(Certified Copy) 25 SLA/jh:df df11(3):hwy4.re9 26 27 28 RESOLUTION NO. 93/226 State Highway 4 Bailey Road Interchange The West Pittsburg Community Church of God In Christ APPENDIX "A" 04-CC-4-20.0 (51217-1) PARCEL 51217-1 (FEE) All that real property situated in the County of Contra Costa, State of California, being a portion of the Northwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base Meridian more particularly described as follows: Commencing at the Center Section Corner of said Section 14 as shown in Book 56 of Land Surveyor Maps at Page 38; thence N. 0' 04' 49" E. along the centerline of Bailey Road determined to be between the said Center Section Corner of Section 14 and the County monument in the centerline of Bailey Road at the northerly line of the East Bay Municipal Utility easement as shown on Willow Glen Subdivision 5064 in Book 218 of Maps, at Page 27, Contra Costa County Records, a distance of 775.26 feet; thence perpendicularto said centerline N. 89' 55' 1 1"W. a distance of 20.00 feet to the northeastern most corner of that portion of Lot 6 of said Section 14 as described in the Deed from George W. Lee to Louis P. Golfos et al, recorded in Book 534 on Page 103 in the Contra Costa County Records said point also being the northeast corner of that parcel of land described in the Deed to Horace Paige in Book 2023 at Page 98 of Official Records and the TRUE POINTOF BEGINNING of herein described real property; thence N. 89' 23' 24" W. along the north line of said Golfos parcel and the north line of that parcel of land described in the Deed from S.G. Mims et al, to Jose M. Garcia et al, recorded in Book 1387 at Page 208, of Official Records a distance of 204.66 feet; thence leaving said north line 154.21 feet along the arc of a nontangent curve concaved southeasterly, having a radial bearing of N. 36' 02' 55"W., a radius of 248.00 feet and a central angle of 35' 37' 38"; thence N. 89' 34' 43" E. a distance of 60.61 feet to the westerly right of way of Bailey Road; thence S. 0' 04' 49" W. along said westerly right of way a distance of 50.11 feet to the TRUE POINT OF BEGINNING. Containing a grid area of 7,742 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. Page 1 of 22 TRIOND 04-CC-4-20.0 (51218-1 A & 51218-1 B) PARCEL 51218-1 A (FEE) All that real property situated in the County of Contra Costa, State of California, being a portion of the Southeast Quarter of The Northwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the Center Section Corner of said Section 14 as shown in Book 56 of Land Surveyors Maps at Page 38; thence N. 0' 04' 49" E. along the centerline of Bailey Road determined to be between the said Center Section Corner of Section 14 and the County monument in the centerline of Bailey Road at the northerly line of the East Bay Municipal Utility easement as shown on Willow Glen Subdivision 5064 in Book 218 of Maps, at Page 27, Contra Costa County Records, a distance of 439.91 feet; thence perpendicular to said centerline N. 89' 55' 11 "W. a distance of 20.00 feet to the northeastern most corner of Parcel "A" of Record of Survey recorded in Book 56 of Land Surveyors Maps, at Page 38 Contra Costa County Records; thence N. 0' 04' 49" E. a distance of 99.99 feet along the westerly right of way line of Bailey Road to the southeast corner of that parcel of land deeded toTriond, a partnership, from Edward Davis et at, recorded in Book 15883 at Page 431 of Official Records and the TRUE POINT OF BEGINNING of herein described real property; thence continuing along said westerly right of way N. 0' 04' 49" E. a distance of 235.36 feet to the northeastern most corner of that portion of Lot 6 of said Section 14 as described in the Deed from George W. Lee to Louis P. Golfos et al, recorded in Book 534 on Page 103 in the Contra Costa County Records said point also being the northeast corner of that parcel of land described in the Deed to Horace Paige in Book 2023 at Page 98 of Official Records, thence N. 89' 23' 24" W. along the north line of said Golfos parcel a distance of 158.16 feet to the northeasterly corner of that parcel of land described in the Deed from S.G. Mims et al, to dose M. Garcia et al, recorded in Book 1387 at Page 208, of Official Records; thence leaving said north line S. 0' 04' 49"W. along the east line of said Garcia parcel a distance of 35.80 feet; thence leaving said east line, 80.45 feet along the arc of a nontangent curve concaved southeasterly having a radial bearing of N. 31 ' 08' 57" W., a radius of 150.00 feet and a central angle of 30' 43' 40"; thence N. 89' 34' 43" E. a distance of 69.01 feet; thence 16.24 feet along the arc of a curve to the right having a radius of 10.00 feet and a central angle of 93' 04' 06"; thence S. 2' 38' 49" W. a distance of 213.01 feet to the south line of said Triond parcel; thence S. 89' 23' 24" E. along said south line a distance of 12.15 feet to the TRUE POINT OF BEGINNING. Containing a grid area of 4,247 square feet .of land more or less. Page 2 of 22 Bearing and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. 04-CC-4-20.0 (51218-1 B) PARCEL 51218-1 B (FEE) All that real property situated in the County of Contra Costa, State of California, being a portion of the Southeast Quarter of The Northwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the Center Section Corner of said Section 14 as shown in Book 56 of Land Surveyors Maps at Page 38; thence N. 0' 04' 49" E. along the centerline of Bailey Road determined to be between the said Center Section Corner of Section 14 and the County monument in the centerline of Bailey Road at the northerly line of the East Bay Municipal Utility easement as shown on Willow Glen Subdivision 5064 in Book 218 of Maps, at Page 27, Contra Costa County Records, a distance of 439.91 feet; thence perpendicularto said centerline N. 89' 55' 11"W. a distance of 20.00 feet to the northeastern most corner of Parcel "A" of Record of Survey recorded in Book 56 of Land Surveyors Maps, at Page 38 Contra Costa County Records, said point being the TRUE POINTOF BEGINNING of herein described real property; thence N. 0' 04' 49" E. a distance of 99.99 feet along the westerly right of way line of Bailey Road to the southeast corner of that parcel of land deeded to Triond, a partnership, from Edward Davis et al, recorded in Book 15883 at Page 431 of Official Records; thence leaving said westerly line N. 89' 23' 24" W. along the south line of said Triond parcel a distance of 12.15 feet; thence leaving said south line S. 2' 38' 49" W. a distance of 177.51 feet; thence S. 39' 23' 22" W. a distance of 14. 44 feet; thence N. 89' 33' 12" W. a distance of 128.91 feet to the westerly line of said Parcel "A"; thence S. 0' 04' 49" W. along said westerly line a distance of 17.32 feet to the northwesterly Corner of the parcel of land dedicated to the County of Contra Costa in document recorded May 10, 1982, in Book 10775 at Page 703 of Official Records; thence S. 89' 54' 02" E. along the north line of said dedication a distance of 138.14 feet; thence 31 .42 feet along the arc of a tangent curve concaved northwesterly having a radius of 20.00 feet and central angle of 90' 01 ' 09" to a point in the westerly right of way line of Bailey Road; thence N. 0' 04' 49" E. along said westerly line a distance of 84.94 feet to the TRUE POINT OF BEGINNING. Lands abutting said freeway shall have no rights or easement of access thereto. Containing a grid area of 5,715 square feet of land more or less. Page 3 of 22 Bearing and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid: Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. North State Development 04-CC-4-19.6 (51260-1 , 51260-2, 51260-3 & 51260-5) PARCEL 51260-1 (FEE) All that real property situated in the City of Pittsburg, County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E. along the east line of said Southwest Quarter of Section 14 a distance of 1188.97 feet to the intersection with the centerline of Leland Road as shown on Oak Hills, Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County Records; thence N. 89' 54' 35" W. a distance of 893.22 feet along said centerline; thence 183.83 feet along the arc of a tangent curve to the right with a radius of 1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79' 50' 33" W. a distance of 314.04 feet to the southwesterly corner of that parcel of land described in deed to San Francisco Bay Area Rapid Transit District, in Book 12258, at Page 988, Official Records; thence N. 0' 05' 25" E. along the westerly line of that parcel described in said Book 12258 at Page 988, a distance of 1 ,070.97 feet to a point in the proposed southerly right of way of State Route 4; thence N. 82' 43' 58"W. along said proposed right of way a distance of 366.87 feet; thence S. 0' 05' 25"W. a distance of 45.45 feet; thence N. 76' 23' 27"W. a distance of 414.54 feet; thence N. 71' 55' 27" W. a distance of 339.30 feet to a point in the existing Route 4 right of way which lies 163.48 feet right of"E4" line station 567+88.76; thence leaving said proposed right of way and continuing along said existing Route 4 right of way N. 71 ' 55' 27" W. a distance of 83.31 feet to the TRUE POINT OF BEGINNING of herein described real property; thence continuing N. 71' 55' 27"W. along said existing Route 4 right of way a distance of 139.26 feet to a point on the west line of the southwest quarter of said Section 14, said point lies S. 0' 36' 27" W. a distance of 78.09 feet from the west quarter corner of said Section 14 and N. 0' 36' 27" E. a distance of 2,583.20 feet from the southwesterly corner of said Section 14; thence leaving said existing right of way S. 0' 36' 27" W. a distance of 51 .41 feet to a point on the proposed State Route 4 southerly right of way; thence along said proposed southerly, right of way N. 86' 28' 11" E. a distance of 133.19 feet to the TRUE POINT OF BEGINNING. Page 4 of 22 Lands abutting said freeway shall have no rights or easement of access thereto. Containing a grid area of 3,415 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. 04-CC-4-19.6 (51260-2) PARCEL 51260-2 (FEE) All that real property situated in the City of Pittsburg, County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E. along the east line of said Southwest Quarter of Section 14 a distance of 1 ,188.97 feet to the intersection with the centerline of Leland Road as shown on Oak Hills, Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County Records; thence N. 89' 54' 35" W. along said centerline of Leland Road a distance of 893.22 feet; thence 183.83 feet along the arc of a tangent curve to the right with a radius of 1 ,041 .94 feet and a central angle of 10' 06' 31 "; thence N. 79' 50' 33"W. a distance of 314.04 feet to the southwesterly corner of that parcel of land described in deed to San Francisco Bay Area Rapid Transit District, in Book 12258, at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E. along the westerly line of that parcel described in said Book 12258 at Page 988, a distance of 1 ,070.97 feet to a point in the proposed southerly right of way of State Route 4 and the TRUE POINT OF BEGINNING of the herein described real property; thence N. 82' 43' 58" W. along said proposed right of way a distance of 366.87 feet; thence S. 0' 05' 25" W. a distance of 45.45 feet; thence N. 76' 23' 27" W. a distance of 414.54 feet; thence N. 71' 55' 27" W. a distance of 339.30 feet to a point on the existing southerly right of way of State Route 4 which lies 163.48 feet right of "E4" line station 567+88.76; thence S. 88' 50' 04" E. along said existing right of way a distance of 253.13 feet; thence S. 75' 34' 12" E. a distance of 105.24 feet; thence S. 81' 41' 29" E. a distance of 210.43 feet; thence S. 74' 00' 18" E. a distance of 105.33 feet; thence S. 83' 57' 01" E. a distance of 104.96 feet; thence N. 83' 10' 16" E. a distance of 107.22 feet; thence S. 84' 25' 39" E. a distance of 208.40 feet; thence N. 85' 20' 38" E. a distance of 6.92 feet to the westerly line of the parcel described in said Book 12258, at Page 988; thence Page 5of22 along said westerly line and departing from said existing right of way S. 0' 05' 25" W. a distance of 94.99 feet to the TRUE POINT OF BEGINNING. Lands abutting said freeway shall have no rights or easement of access thereto. Containing a grid area of 83,305 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. 04-CC-4-19.6 (51260-3) PARCEL 51260-3 (FEE) All that real property situated in the City of Pittsburg, County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E. along the east line of said Southwest Quarter of Section 14 a distance of 1 ,188.97 feet to the intersection with the centerline of Leland Road as shown on Oak Hills, Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County Records; thence N. 89' 54' 35" W. along said centerline of Leland Road a distance of 893.22 feet; thence 183.83 feet along the arc of a tangent curve to the right with a radius of 1 ,041 .94 feet and a central angle of 10' 06' 31"; thence N. 79' 50' 33"W. a distance of 314.04 feet to the southwesterly corner of that parcel of land described in deed to San Francisco Bay Area Rapid Transit District, in Book 12258, at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E. along the westerly line of that parcel described in said Book 12258 at Page 988, a distance of 42.65 feet to the northerly right of way of Leland Road as shown on Oak Hills, Unit 2, Subdivision 7242, Book 338, at Page 8, Contra Costa County Records and the TRUE POINT OF BEGINNING of herein described real property; thence N. 79' 50' 33" W. along said northerly right of way, a distance of 12.89 feet; thence 29.87 feet along the arc of a non-tangent curve concave northwesterly with a radial bearing of S. 10' 11' 23" W., a radius of 957.94 feet and a central angle of V 47' 11 "; thence N. 78' 01' 27" W. a distance of 329.05 feet; thence leaving said northerly right of way, N. 0' 05' 25" E. and parallel with the westerly line of that parcel of land described in said Book 12258, at Page 988, a distance of 998.44 feet to a point in the proposed southerly right of way of State Route 4; thence S. 82' 43' 58" E. along said proposed southerly right of way, a distance of 366.87 feet to a point in the westerly line of that parcel of land described in said Page 6 of 22 Book 12258, at Page 988; thence S. 0' 05' 25" W. along said westerly line, a distance of 1 ,028.32 feet to the TRUE POINT OF BEGINNING. Lands abutting said freeway shall have no rights or easement of access thereto. Containing a grid area of 369,019 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. 04-CC-4-19.6 (51260-5) PARCEL 51260-5 (Temporary Construction Easement) All that real property situated in the City of Pittsburg, County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the South Quarter corner of Section 14; thence N. 0' 05' 46" E. along the east line of said Southwest Quarter of Section 14 a distance of 1188.97 feet to the intersection with the centerline of Leland Road as shown on Oak Hills, Unit 1 , Subdivision 6887, Book 324 of Maps, at Page 44, Contra Costa County Records; thence N. 89' 54' 35" W. along said centerline a distance of 893.22 feet; thence 183.83 feet along the arc of a tangent curve to the right with a radius of 1 ,041 .94 feet and a central angle of 10' 06' 31 "; thence N. 79' 50' 33" W. a distance of 314.04 feet to the southwesterly corner of that parcel of land described in deed to San Francisco Bay Area Rapid Transit District, in Book 12258, at Page 988, Official Records; thence leaving said centerline N. 0' 05' 25" E. along the westerly line of that parcel described in said Book 12258 at Page 988, a distance of 42.65 feet to a point in the northerly right of way of said Leland Road as shown on Page 338 at Page 8 of Oak Hills, Unit 2, Subdivision 7242, Contra Costa County Records; thence N. 79' 50' 33" W. along said northerly right of way a distance of 12.89 feet, thence 29.87 feet along the arc of a tangent curve to the right with a radius of 957.94 feet and a centr6al angle of V47' 11 "; thence N. 78' 01' 27" W. a distance of 329.05 feet to the TRUE POINT OF BEGINNING of the herein described temporary construction easement; thence continuing N. 78' 01' 27"W. a distance of 25.55 feet; thence departing from said northerly right of way of Leland Road N. 0' 05' 25" E. a distance of 800.00 feet; thence N. 68' 00' 00"W. a distance of 81 .50 feet; thence N. 46' 00' 00" W. a distance of 271 .97 feet to the proposed southerly right of way of State Route 4; thence S. 76' 23' 27" E. along said southerly right of way, a distance of 305.00 feet; thence departing from said Page 7 of 22 proposed right of way S. 0' 05' 25"W. ad istance of 952.99 feet to the TRUE POINT OF BEGINNING. The term of herein described temporary construction easement is set to expire December 31 , 1995. Containing a grid area of 48,860 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .000.1218 to obtain ground area. Spears, et al 04-CC-4-20.0 (51267-1 & 51267-2) PARCEL 51267-1 (FEE) All that real property situated in the County of Contra Costa, State of California, being a portion of the Northwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the Center Section Corner of said Section 14 as shown in Book 56 of Land Surveyors Map at Page 38; thence N. 0' 04' 49" E. along the centerline of Bailey Road determined to be between the said Center Section Corner of Section 14 and the County monument in the centerline of Bailey Road at the northerly line of the East Bay Municipal Utility easement as shown on Willow Glen Subdivision 5064 in Book 218 of Maps, at Page 27, Contra Costa County Records, a distance of 775.26 feet; thence perpendicularto said centerline N. 89' 55' 11"W. adistance of 20.00 feet to the northeastern most corner of that portion of Lot 6 of said Section 14 as described in the Deed from George W. Lee to Louis P. Golfos et al, recorded in Book 534 on Page 103 in the Contra Costa County Records said point also being the northeast corner of that parcel of land described in the Deed to Horace Paige in Book 2023 at Page 98 of Official Records, thence N. 89' 23' 24" W. along the north line of said Golfos parcel a distance of 158.16 feet to the northeasterly corner of that parcel of land described in the Deed from S.G. Mims et al, to Jose M. Garcia et al, recorded in Book 1387 at Page 208, of Official Records; thence continuing N. 89' 23' 24" W. along the north line of said Garcia parcel and along the north line of Mack H. Spears et al, parcel recorded in Book 784, at Page 221 , of Official Records a distance of 219.98 feet to the northwest corner of said Spears parcel; thence S. 0' 04' 49" W. along the west line of said Spears parcel a distance of 356.73 feet to a point which lies N. 0' 04' 19" E. a distance of 41 .79 feet from the southwest corner of said Spears parcel and the TRUE POINT OF BEGINNING of herein described real property; thence continuing Page 8of22 S. 0' 04' 49" W. along said west line a distance of 41 .79 feet to the north line of that parcel of land described as Parcel One in Deed to Julian Perry recorded in Book 284, at Page 266 of Official Records; thence N. 89' 23' 24" W. along said north line a distance of 16.35 feet; thence leaving said north line 30.04 feet along the arc of a nontangent curve concaved northwesterly having a radial bearing of S. 65' 24' 45" E., a radius of 372.00 feet and a central angle of 4' 37' 39"; thence N. 19' 57' 35" E. a distance of 14.70 feet to the TRUE POINT OF BEGINNING. Containing a grid area of 327 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. PARCEL 51267-2 (Slope & Drainage Easement) 04-CC-4-20.0 (51267-2) All that real property situated in the County of Contra Costa, State of California, being a portion of the Northwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the Center Section Corner of said Section 14 as shown in Book 56 of Land Surveyors Maps at Page 38; thence N. 0' 04' 49" E. along the centerline of Bailey Road determined to be between the said Center Section Corner of Section 14 and the County monument in the centerline of Bailey Road at the northerly line of the East Bay Municipal Utility easement as shown on Willow Glen Subdivision 5064 in Book 218 of Maps, at Page 27, Contra Costa County Records, a distance of 775.26 feet; thence perpendicularto said centerline N. 89' 55' 11 "W. a distance of 20.00 feet to the northeastern most corner of that portion of Lot 6 of said Section 14 as described in the Deed from George W. Lee to Louis P. Golfos et al, recorded in Book 534 on Page 103 in the Contra Costa County Records said point also being the northeast corner of that parcel of land described in the Deed to Horace Paige in Book 2023 at Page 98 of Official Records, thence N. 89' 23' 24" W. along the north line of said Golfos parcel a distance of 158.16 feet to the northeasterly corner of that parcel of land described in the Deed from S.G. Mims et al, to ,Jose M. Garcia et al, recorded in Book 1387 at Page 208, of Official Records; thence continuing N. 89' 23' 24" W. along the north line of said Garcia parcel and the north line of that parcel described in the Deed to Mack H. Spears recorded in Book 784, at Page 221 , of Official Records a distance of 219.98 feet to the northwest corner of said Spears parcel; thence S. 0' 04' 49" W. along the west line of said Spears parcel, a distance of 293.04 feet to the TRUE POINT OF BEGINNING of herein described easement for slope and drainage purposes; thence Page 9 of 22 departing said west line S. 59' 09' 27" W. a distance of 50.75 feet; thence S. 15' 18' 58" W. a distance of 81 .68 feet to a point on the north line of Parcel "B" as shown on record of survey recorded in Book 56 of Land Survey Maps at Page 38; thence S. 89' 23' 24" E. along said north line a distance of 48.65 feet to a point which lies N. 89' 23' 24" W. a distance of 16.35 feet from the southwest corner of said Spears parcel; thence leaving said north line, 30.04 feet along the arc of a nontangent curve concaved northwesterly, having a radial bearing of S. 65' 24'45" E., a radius of 372.00 feet and a central angle of 4' 37' 39"; thence N. 19' 57' 35" E. a distance of 14.70 feet to said west line of Spears Parcel; thence N. 0' 04' 49" E. a distance of 63.70 feet to the TRUE POINT OF BEGINNING. Containing a grid area of 4,537 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. Far Hills Mobile Park 04-CC-4-20.2 (51277-1) PARCEL 51277-1 (FEE) All that real property situated in the County of Contra Costa, State of California, being a portion of the Southwest Quarter of the Northeast of Section 14,Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the Center Section Corner of Section 14 as shown in Book 56 of Land Surveyors Maps at Page 38; thence N. 0' 04' 49" E. along the centerline of Bailey Road determined to be between the said Center Section Corner of Section 14 and the County monument in the centerline of Bailey Road at the northerly line of the East Bay Municipal Utility easement as shown on Willow Glen Subdivision 5064 in Book 218 of Maps, at Page 27, Contra Costa County Records, a distance of 144.29 feet to a point on the north line of the parcel of land described as Parcel six in the United States District Court, San Francisco, under action 21085-S, entitled the United States of America, plaintiff vs. George Eugene O'Hara, et al, defendant, a certified copy of which was recorded December 29, 1938, in Book 487 at Page 214, Official Records of Contra Costa County; thence S. 89' 14' 05" E. along said north line a distance of 48.79 feet to a point in the southeast line of that parcel of land described in the Judgement of Final Condemnation, rendered March 10, 1964, in the local superior court, in the action titled "People of the State of California vs. C.B.S. Development Company, Inc., et al," Case No. 97520, said judgement being in favor of plaintiff, recorded March 10, 1964, in Book 4570 at Page 10 of 22 Page 462, Official Records of Contra Costa County, said point being the TRUE POINT OF BEGINNING of herein described real property; thence 11 .39 feet along the arc of a nontangent curve concaved easterly with a radial bearing of N. 77' 02' 40" W. having a radius of 959.94 feet and a central angle of 0' 40' 47" to a point of reverse curvature; thence 115.13 feet along the arc of a tangent curve concaved westerly having a radius of 839.95 feet and a central angle of 7' 51' 13" to a point of reverse curvature; thence 19.13 feet along the arc of a tangent curve concaved southeasterly having a radius of 13.00 feet and a central angle of 84' 19' 05" to a point on the southerly right of way of Canal Road as shown on Monumentation Map SMM 20, Dr. No. S-212.2A, Contra Costa County, Route 4, Post Mile 20.2; thence continuing along said southerly right of way S. 89' 54' 02" E. a distance of 10.63 feet; thence 197.54 feet along the arc of a tangent curve concave southerly having a radius of 374.98 feet and a central angle of 30' 11' 04"; thence S. 59' 42' 58" E. a distance of 109.55 feet to a point on the north line of aforementioned parcel six; thence leaving said north line, N. 65' 22' 16" W. a distance of 50.98 feet; thence 47.50 feet along the arc of a nontangent curve concaved southwesterly with a radial bearing of N. 29' 14' 45" E., having a radius of 390.00 feet and a central angle of 6' 58' 45"; thence N. 67' 44' 00"W. a distance of 69.86 feet; thence 120.01 feet along the arc of a tangent curve concaved southerly having a radius of 321 .00 feet and a central angle of 21 ' 25' 13"; thence N. 89' 09' 13" W. a distance of 1 .72 feet; thence 46.55 feet along the arc of a tangent curve concaved southeasterly having a radius of 30.00 feet and a central angle of 88' 54' 13"; thence S. 1 ' 56' 35" W. a distance of 93.39 feet to a point on the north line of aforementioned parcel six; thence N. 89' 14' 05" W. along said north line a distance of 22.69 feet to the TRUE POINT OF BEGINNING. Containing a grid area of 5,124 square feet of land more or less. Bearing and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. Bertagnolli 04-CC-4-20.8 (51316, 52296-1 & 52296-2) PARCEL 51316 (FEE) All that real property situated in the City of Pittsburg, County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 13, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the West Quarter corner of said Section 13; thence S. 0' 23' 19" Page 11 of 22 W. a distance of 274.93 feet along the west line of Section 13 to the intersection with the existing south Memorial Way right of way as shown on Monumentation Map SMM 20, Dr. No. S-212.3, Contra Costa County, Route 4, post mile 20.5, and the TRUE POINTOF BEGINNING of herein described real property said point lies N. 0' 23' 19'• E. a distance of 2,369.72 feet from the southwest corner of said Section 13; thence continuing S. 0' 23' 19" W. along the west line of said Section 13 a distance of 31 .46 feet to a point on the proposed southerly right of way State Route 4; thence continuing S. 0' 23' 19" W. along said west line a distance of 233.54 feet to a point in the northerly right of way of the Contra Costa Canal as shown on Record of Survey recorded in Book 92 of Land Surveyor's Maps at Page 28 Contra Costa County Records; thence N. 78' 04' 35" E. along said northerly right of way a distance of 792.76 feet; thence S. 83' 12' 14" E. a distance of 720.17 feet; thence N. 22' 11' 30" E. a distance of 116.99 feet; thence S. 72' 17' 25" E. a distance of 50.05 feet; thence leaving said northerly right of way, N. 6' 52' 09" E. a distance of 12.66 feet to the southwesterly line of that parcel of land described in the deed to East Bay Municipal Utility District (E.B.M.U.D.) in Book 26 of Official Records at Page 23; thence N. 72' 17' 04" W. along said southwesterly E.B.M.U.D. line a distance of 221 .70 feet to a point on the proposed southerly right of way of State Route 4; thence continuing N. 72' 17' 04" W. along said southwesterly line of E.B.M.U.D. Parcel, a distance of 257.87 feet to a point in the southerly right of way of State Route 4 as shown on Monumentation Map SMM 20, Dr. No. S-212.4 Contra Costa County, Post Mile 20.8; thence continuing along said existing State Route 4 right of way a distance 64.20 feet along the arc of a non- tangent curve concave northerly with a radial bearing of S. 0' 06' 06" E., a radius of 5,082.69 feet, and a central angle of 0' 43' 25"; thence N. 89' 22' 41" W. a distance of 672.24 feet; thence N. 88' 56' 19" W. a distance of 343.66 feet to a point in the easterly right of way of Memorial Way as shown on said Monumentation Map SMM 20, Dr. No. S-212.3; thence leaving said existing State Route 4 right of way S. 0' 37' 04" W. along said easterly right of way, a distance of 79.65 feet; thence N. 89' 22' 56" W. along the southerly right of way of Memorial Way, a distance of 44.68 feet to the west line of said Section 13 and TRUE POINT OF BEGINNING. Lands abutting said freeway shall have no rights or easement of access thereto. Containing a grid area of 327,934 square feet of land, more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. PARCEL 52296-1 (FEE) 04-CC-4-20.9 (52296-1) Page 12 of 22 All that real property situated in the City of Pittsburg, County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 13, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the West Quarter Corner of said Section 13; thence S. 0' 23' 19" W. a distance of 194.93 feet along the west line of Section 13 to the intersection with the existing south Route 4 right of way as shown on Monumentation Map SMM 20, Dr. No. S-212.3, Contra Costa County, Route 4, post mile 20.5; said point lies N. 0' 23' 19" E. a distance of 2,449.72 feet from the Southwest Corner of said Section 13; thence along said existing south right of way S. 88' 56' 19" E., a distance of 388.66 feet; thence S. 89' 22' 41" E., a distance of 672.24 feet; thence 363.72 feet along the arc of a tangent curve to the left with a radius of 5,082.69 feet and a central angle of 4' 06' 00" to the northeasterly line of that parcel of land deeded to East Bay Municipal Utility District (E.B.M.U.D.) in Book 26, at Page 23, of Official Records and the TRUE POINT OF BEGINNING of herein described real property; thence departing from said existing right of way S. 72' 17' 04" E. along the northeasterly line of said (E.B.M.U.D.) parcel, a distance of 197.42 feet to the intersection with the proposed southerly right of way of State Route 4; thence along said southerly right of way a distance of 337.58 feet along the arc of a nontangent curve concave northwesterly with a radial bearing at its beginning of S. 7' 40' 39" E., a radius of 6,168.00 feet and a central angle of 3' 08' 09"; thence continuing along said southerly right of way, N. 79' 11 ' 12" E. a distance of 576.13 feet to a point on the west line of that parcel of land described in the Deed to Pacific Gas and Electric Company(PG&E) as recorded in Book 3110 at Page 405 of Official Records; thence N. 0' 54' 22" E. along said west line, a distance of 64.15 feet to the intersection with said existing southern right of way of State Route 4 as shown on said Monumentation map SMM 20; thence departing from said proposed right of way S. 79' 04' 24" W. along said existing southerly right of way a distance of 441 .04 feet; thence 660.76 feet along the arc of a tangent curve to the right with a radius of 5,082.69 feet and a central angle of 7' 26' 55" to the TRUE POINT OF BEGINNING. Lands abutting said freeway shall have no rights or easement of access thereto. Containing a grid area of 66,077 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. Page 13 of 22 PARCEL 52296-2 (WAPA Easement) 04-CC-4-20.9 (52296-2) All that real property situated in the City of Pittsburg, County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 13, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the West Quarter Corner of said Section 13; thence S. 0' 23' 19" W. a distance of 194.93 feet along the west line of Section 13 to the intersection with the existing south Route 4 right of way as shown on Monumentation Map SMM 20, Dr. No. S-212.3, Contra Costa County, Route 4, post mile 20.5; said point lies N. 0' 23' 19" E. a distance of 2,449.72 feet from the Southwest Corner of said Section 13; thence along said existing south right of way S. 88' 56' 19" E., a distance of 388.66 feet; thence S. 89' 22' 41" E., a distance of 672.24 feet; thence 363.72 feet along the arc of a tangent curve to the left with a radius of 5,082.69 feet and a central angle of 4' 06' 00" to the northeasterly right of way of the East Bay Municipal Utility District(E.B.M.U.D.) parcel as described in the Deed recorded in Book 26 at Page 23 of Official Records; thence departing said existing south Route 4 right of way, S. 72' 17' 04" E. along said E.B.M.U.D. northeasterly right of way a distance of 197.42 feetto the intersection with the proposed southerly right of way of State Route 4 and the TRUE POINT OF BEGINNING of herein described utility easement; thence 189.52 feet along the arc of a nontangent curve concaved northwesterly having a radial bearing of S. 70' 40' 39" E., a radius of 6,168.00 feet and a central angle of 1' 45' 38" to the southerly line of that United States of America transmission line easement recorded in Book 1307 at Page 19 of Official Records; thence leaving said proposed southerly right of way N. 86' 36' 57" E. a distance of 400.44 feet along the southerly line of said United States of America transmission line easement; thence leaving said southerly line S. 79' 11' 12" W., a distance of 249.04 feet; thence 236.79 feet along the arc of a tangent curve to the right with a radius of 6,218.00 feet and a central angle of 2' 10' 55" to the intersection with the said northerly E.B.M.U.D. right of way; thence N. 72' 17' 04" W. along the said northerly E.B.M.U.D. right of way a distance of 114.59 feet to the TRUE POINT OF BEGINNING. Containing a grid area of 17,135 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. Sierra Pacific 04-CC-4-20.1 (51319-1 , 51319-2, 51319-3, 51319-4 & 51319-5) Page 14 of 22 PARCEL 51319-1 (FEE) All that real property situated in the City of Pittsburg, County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base Meridian more particularly described as follows: Commencing at the north west corner of Parcel "B" of Oak Hills, Unit 1 , Subdivision 6887 recorded in Book 324 of Maps at Page 44 of Contra Costa County Records; thence S. 81' 32' 07" E along the north line of said Parcel "B"; a distance of 30.04 feet to a point in the proposed southerly right of way of State Route 4, said point being TRUE POINT OF BEGINNING of herein described real property; thence continuing along said north line S. 81' 32' 07" E. a distance of 247.81 feet to the northeasterly corner of Parcel "B" of Parcel Map Waiver recorded march 8, 1991 , in Book 16442 at Page 929 of Official Records; thence continuing S..81' 32' 07" E. a distance of 455.36 feet to the northeast corner of Parcel "A" of said Parcel Map Waiver and the westerly right of way of Bailey Road; thence S. 0' 05' 46" W. along said westerly right of way a distance of 109.73 feet to a point in the said proposed southerly right of way of State Route 4; thence along said proposed right of way N. 89' 54' 26"W. a distance of 7.62 feet; thence continuing along said proposed right of way N. 0' 05' 34" E. a distance of 54.30 feet; thence N. 38' 41 ' 12" W. a distance of 31 .32 feet; thence N. 77' 27' 57" W. a distance of 284.09 feet; thence 52.69 feet along the arc of a tangent curve to the right having a radius of 1 ,035.00 feet and a central angle of 2' 55' 00"; thence N. 89' 43' 53" W. a distance of 117.85 feet to a point on the northwesterly line of Parcel "A" of said Parcel Map Waiver; thence continuing N. 89' 43' 53" W. a distance of 57.02 feet; thence N. 70' 56' 40" W. a distance of 170.89 feet; thence N. 44' 10' 45" W. a distance of 4.85 feet to the TRUE POINT OF BEGINNING. Lands abutting said freeway shall have no rights or easement of access thereto. Containing a grid area of 16,183 square feet of land, more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. PARCEL 51319-2 (Temporary Construction Easement) 04-CC-4-20.1 (51319-2) All that real property situated in the City of Pittsburg County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Page 15 of 22 Commencing at the northeasterly corner of Parcel "A' of Parcel Map Waiver recorded March 8, 1991 in Book 16442 at Page 929 Official Records of Contra Costa County, thence S. 0' 05' 46" W. along the Easterly line of said Parcel "A" and the westerly right of way of Bailey Road a distance of 109.73 feet to a point on the proposed southerly right of way of State Route 4; thence N. 89' 54' 26" W. along said proposed right of way a distance of 7.62 feet; thence continuing along said proposed right of way N. 0' 05' 34" E. a distance of 49.36 feet to THETRUE POINT OF BEGINNING of herein described temporary construction easement, thence departing said proposed right of way N. 69' 05' 42" W. a distance of 56.14 feet; thence S. 89' 33' 47" W. a distance of 129.03 feet; thence N. 0' 52' 23" W. a distance of 27.80 feet; thence N. 76' 48' 54" W. a distance of 27.47 feet; thence S. 89' 50' 37" W. a distance of 165.46 feet; thence N. 0' 34' 14" W. a distance of 51 .25 feet to a point in the said proposed southerly right of way of State Route 4; thence S. 89' 43' 53" E. along said proposed southerly right of way a distance of 26.61 feet; thence 52.69 feet along the arc of a nontangent curve concaved northerly with a radial bearing of S. 15' 27' 03" W., having a radius of 1 ,035.00 feet and a central angle of 2' 55' 00"; thence S. 77' 27' 57" E. a distance of 284.09 feet; thence S. 38' 41' 12" E. a distance of 31 .32 feet; thence S. 0' 05' 34" W. a distance of 4.94 feet to THE TRUE POINT OF BEGINNING. The term of herein described temporary construction easement is set to expire December 31 , 1995. Containing a grid area of 11 ,577 square feet of land, more or less. Bearing and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. PARCEL 51319-3 (Sewer Easement) 04-CC-4-20.1 (51319-3) All that real property situated in the City of Pittsburg County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the northeasterly corner of Parcel "A" of Parcel Map Waiver recorded March 8, 1991 in Book 16442 at Page 929 Official Records of Contra Costa County, thence S. 0' 05' 46"W. along the easterly line of said Parcel "A" and the westerly right of way of Bailey Road a distance of 109.73 feet to a point on the proposed southerly right of way of State Route 4; thence N. 89' 54' 26" W. along said proposed right of way a distance of 7.62 feet; thence N. 0' 05' 34" E. a distance of 49.36 feet to THE TRUE POINT OF BEGINNING of herein described Page 16 of 22 sewer easement; thence departing said proposed right of way N. 69' 05' 42" W. a distance of 72.88 feet; thence N. 20'54' 18" E. a distance of 13.98 feet to a point in the proposed southerly right of way of State Route 4; thence S. 77' 27' 57" E. along said proposed right of way a distance of 44.59 feet; thence continuing along said proposed right of way S. 38' 41' 12" E. a distance of 31 .32 feet; thence S. 0' 05' 34" W. a distance of 4.94 feet to the TRUE POINT OF BEGINNING. Containing a grid area of 1 ,102 square feet of land, more or less. Bearing and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. PARCEL 51319-4 (Temporary Construction Easement) 04-CC-4-20.1 (51319-4) All that real property situated in the City of Pittsburg County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the northeasterly corner of Parcel "A" of Parcel Map Waiver recorded March 8, 1991 in Book 16442 at Page 929 Official Records of Contra Costa County, thence S. 0' 05' 46"W. along the easterly line of said Parcel "A" and the westerly right of way of Bailey Road a distance of 160.95 feet, to the TRUE POINT OF BEGINNING of herein described temporary construction easement; thence leaving said easterly line, N. 89' 54' 14"W. a distance of 44.00 feet; thence S. 0' 05' 46"W. and parallel with said easterly line a distance of 70.00 feet; thence S. 89' 54' 14" E. a distance of 44.00 feet to a point on said easterly line; thence N. 0' 05' 46" E. along said easterly line a distance of 70.00 feet to the TRUE POINT OF BEGINNING. The term of herein described temporary construction easement is set to expire December 31 , 1995. Containing a grid area of 3,080 square feet of land, more or less. Bearing and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. PARCEL 51319-5 (Temporary Construction Easement) 04-CC-4-20.1 (51319-5) Page 17 of 22 All that real property situated in the City of Pittsburg County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 13, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the northwest corner of Parcel "B" of Oak Hills, Unit 1 , Subdivision 6887 recorded in Book 324 of Maps at Page 44 of Contra Costa County Records; said point being the TRUE POINT OF BEGINNING of herein described temporary construction and slope easement; thence S. 81' 32' 07" E. along the north line of said Parcel "B", a distance of 30.04 feet to a point in the proposed southerly right of way of State Route 4; thence S. 44' 10' 45" E. along said proposed right of way a distance of 4.85 feet; thence leaving said proposed southerly right of way, N. 89' 50' 34" W. a distance of 33.11 feet to a point on the west line of aforementioned Parcel "B"; thence N. 0' 05' 25" E. along said west line a distance of 7.81 feet to the TRUE POINT OF BEGINNING. The term of herein described temporary construction and slope easement is set to expire December 31 , 1995. Containing a grid area of 174 square feet of land, more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. Pacific Gas & Electric PARCEL 52318-1 (Access Easement) 04-CC-4-20.9 (52318-1) All that real property situated in the City of Pittsburg, County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 13, Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the West Quarter corner of said Section 13 thence S. 0' 23' 19"W. a distance of 194.93 feet along the west line of Section 13 to the intersection with the existing south Route 4 right of way as shown on Monumentation Map SMM 20, Dr. No. S-212.3, Contra Costa County, Route 4, post mile 20.5, said point lies N. 0' 23' 19" E. a distance of 2,449.72 feet from the southwest corner of said Section 13, thence S. 88' 56' 19" E. along said existing south right of way a distance of 388.66 feet; thence S. 89' 22' 41 E. a distance of 672.24 feet; thence 1 ,024.48 feet along the arc of a tangent curve to the left with a radius of 5,082.69 feet and a central angle of 11' 32' 55"; thence N. 79' 04' 24" E. a distance of 441 .04 feet to a point on the west line of that parcel of land deeded to Pacific Gas and Electric Page 18 of 22 Company in Book 3110, at Page 405 of Official Records; thence leaving said existing right of way S. 0' 54' 22" W. along said west line of Pacific Gas and Electric Company Parcel, a distance of 322.26 feet to the TRUE POINT OF BEGINNING of the herein described private access easement; thence S. 72' 22' 07" E. a distance of 104.41 feet to the east line of said Pacific Gas and Electric Company Parcel; thence S. 0' 54' 22" W. a distance of 93.98 feet along said east line; thence N. 72' 22' 07" W. departing said east line a distance of 104.41 feet to the west line of said Pacific Gas and Electric Company Parcel; thence N. 0' 54' 22" E. along said west line a distance of 93.98 feet to the TRUE POINTOF BEGINNING. Containing a grid area of 9,397 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. Pochini PARCEL 512 76 (FEE) Real property in the unincorporated area of West Pittsburg, Contra Costa County, California, being a portion of the southeast quarter of the northwest quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Meridian, described as follows: All of that parcel of land described in the deed to Robert F. Pochini et ux recorded August 13, 1974 in Volume 7296 at page 439, Official Records of said County, being all of PARCEL "B" shown on Record of Survey filed December 11 , 1973 in Licensed Surveyors' Map Book 56 at page 38, records of said County, further described as follows: Beginning at the southwest corner of said PARCEL "B," being also the northwest corner of PARCEL 1 described in the deed to the State of California recorded April 26, 1963 in Volume 4353 of Official Records at page 37; thence from the Point of Beginning, along the boundary of said PARCEL 1 as follows: (1) north 59'29'00" east 118.09 feet to a curve concave to the south having a radius of 425.00 feet, (2) along the arc of said curve, northeasterly and easterly 219.50 feet, through a central angle of 29'35'30" and (3) north 89'04'30"east 63.13 feet to the southeast corner of PARCEL"B" (56 LSM 38); thence leaving the boundary of PARCEL 1 and continuing along the boundary of PARCEL"B" as follows: (1) north 0'55'30" west 48.66 feet, to the northeast corner of PARCEL"B", (2) south 89'32'02" west 375.70 feet to the northwest corner of PARCEL"B", and (3) south 0'55'30" east 165.40 feet, to the Point of Beginning. Containing an area of 31 ,300 square feet (0.7185 acre) of land, more or less. Bearings are based on the California Coordinate System Zone III (C.C.S. 27). Page 19 of 22 Seeno PARCEL 51313 (FEE) Real property in the unincorporated area of West Pittsburg, Contra Costa County, California, being a portion of the north half of the southeast quarter of Section 14, Township 2 North, Range 1 West, Mount Diablo Meridian, described as follows: All of that parcel of land described in the deed to Albert D. Seeno Construction Company, a limited partnership, recorded March 22, 1977 in Volume 8251 at page 744, Official Records of said County, being all of that 12.02 acre parcel shown on the Record of Survey filed April 10, 1990 in Licensed Surveyors' Map Book 93 at page 27, records of said County, further described as follows: Beginning at the northeast corner of said 12.02 acre parcel, being also the southeast corner of PARCEL 2A described in the deed to the State of California recorded April 13, 1964 in Volume 4594 of Official Records at page 459; thence from the Point of Beginning, along the south line of said PARCEL 2A as follows: (1) south 89'35'30" west 454.86 feet to a curve, concave to the south, having a radius of 468.00 feet and (2) along the arc of said curve, westerly 94.76 feet, through a central angle of 11'36'02", to the southwest corner of said PARCEL 2A, being also the southeast corner of PARCEL 1 described in the deed to the State of California recorded March 16, 1964 in Volume 4574 of Official Records at page 221 ; thence along the south line of said PARCEL 1 as follows: (1) continuing along the arc of said curve, westerly 128.93 feet, through a central angle of 15'47'04", (2) south 62'12'24" west 63.22 feet to a curve, concave to the north, having a radius of 530.00 feet, and (3) along the arc of said curve, westerly 343.26 (record 340.99) feet, through a central angle of 37'06'30" (record 36'51'44") to the northeast line of Contra Costa Canal Tract 2 described in the Judgement in favor of the United States of America recorded December 29, 1938 in Volume 487 of Official Records at page 214; thence along the boundary of Contra Costa Canal, south 48'39'25" east 885.52 feet and north 89'35'47" east 404.37 feet, to the east line of said 12.02 acre parcel (93 LSM 27); thence along said east line, north 0'50'23" west 723.03 feet, to the Point of Beginning. Containing an area of 523,768 square feet (12.02 acres) of land, more or less. Bearings are based on the California Coordinate System Zone III (C.C.S. 27). East Bay Municipal Utility District 04-CC-4-20.7 (52207-1 & 52207-2) PARCEL 52207-1 (Roadway Easement) All that real property situated in the City of Pittsburg, County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 13,Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the West Quarter corner of said Section 13; thence S. 0' 23' 19" W. a distance of 194.93 feet along the west line of Section 13 to the intersection with the existing south Route 4 right of way as shown on Monumentation Map SMM 20, Dr. No. 5- 212.3, Contra Costa County, Route 4, post mile 20.5; said point lies N. 0' 23' 19" E. a Page 20 of 22 distance of 2,449.72 feet from the southwest corner of said Section 13; thence along said existing south right of way S. 88' 56' 19" E., a distance of 388.66 feet; thence S. 89' 22' 41" E., a distance of 672.24 feet; thence 64.20 feet along the arc of a tangent curve concave to the north, having a radius of 5082.69 feet and a central angle of 0' 43' 25" to the TRUE POINT OF BEGINNING for the herein described real property and being a point on the southwesterly line of that parcel of land deeded to East Bay Municipal Utility District in Book 26, at Page 23, of Official Records; thence along said existing right of way a distance of 299.52 feet, along the arc of a tangent curve concave to the north having a radius of 5,082.69 feet and a central angle of 3' 22' 35" to a point in the northeasterly line of said East Bay Municipal Utility District(E.B.M.U.D.) Parcel; thence leaving said right of way S. 72' 17' 04" E. along said E.B.M.U.D. northeasterly line, a distance of 197.42 feet to the intersection with the proposed southerly right of way of State Route 4; thence in a southeasterly direction, along said proposed right of way, a distance of 119.02 feet along the arc of a nontangent curve concave northerly, having a radial bearing of S. 7' 40' 39" E., a radius of 6,168.00 feet, and a central angle of 1' 06' 20" to a point which lies on the centerline of said East Bay Municipal Utility District Parcel which lies N. 72' 17' 04" W. a distance of 123.95 feetfrom E.B.M.U.D. brass cap monumentat station 3672+87.15;thence continuing 124.34 feet along the arc of a tangent curve concaved to the north, having a radius of 6,168.00 feet and a central angle of 1' 09' 18" to a point in the southwesterly line of said E.B.M.U.D. Parcel; thence leaving the proposed southerly right of way, N. 72' 17' 04" W. along the southwesterly line of said E.B.M.U.D. Parcel a distance of 257.86 feet to the TRUE POINT OF BEGINNING. Containing a grid area of 22,517 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. PARCEL 52207-2 (WAPA Easen-ient) .04-CC-4-20.7 (52207-2) All that real property situated in the City of Pittsburg, County of Contra Costa, State of California, being a portion of the Southwest Quarter of Section 13,Township 2 North, Range 1 West, Mount Diablo Base and Meridian more particularly described as follows: Commencing at the West Quarter corner of said Section 13; thence S. 0' 23' 19" W. a distance of 194.93 feet along the west line of Section 13 to the intersection with the existing south Route 4 right of:way as shown on Monumentation Map SMM 20, Dr. No. S- 212.3, Contra Costa County, Route 4, post mile 20.5, said point lies N. 0' 23' 19" E. a distance of 2,449.72 feet from the southwest corner of said Section 13; thence along said existing south right of way S. 88' 56' 19" E. a distance of 388.66 feet; thence S. 89' 22' 41 " E. a distance of 672.24 feet; thence 64.20 feet along the arc of a tangent curve concave to the north, having a radius of 5,082.69 feet and a central angle of 0' 43' 25" to a point on the southwesterly line of that parcel of land deeded to East Bay Municipal Utility District (E.B.M.U.D.) in Book 26, at Page 23, of Official Records; thence S. 72' 17' 04" E. departing from said southerly right of way, a distance of 257.87 feet along said E.B.M.U.D. Parcel to the TRUE POINT OF BEGINNING of the herein described power line easement; thence Page 21 of 22 continuing S. 72' 17' 04" E., a distance of 124.59 feet; thence leaving said southwesterly line 234.28 feet along the arc of a nontangent curve concaved northerly having a radial bearing of S. 6' 28' 21" E., a radius of 6,218.00 feet and a central angle of 2' 09' 3'" to a point on the northeasterly line of said E.B.M.U.D. Parcel; thence N. 72' 17' 04"W. a distance of 114.59 feet along said northeasterly line, to the intersection with the proposed southerly right of way of State Route 4; thence along said proposed right of way a distance of 119.02 feet along the arc of a nontangent curve concave northerly having radial bearing of S. 7' 40' 39" E., a radius of 6,168.00 feet, and a central angle of 1' 06' 20" to a point which lies on the centerline of said East Bay Municipal Utility District Parcel which lies N. 72' 17' 04" W. a distance of 123.95 feet from E.B.M.U.D. brass cap monument at station 3672+87.15; thence continuing 124.34 feet along the arc of a tangent curve concaved to the north, having a radius of 6,168.00 feet and a central angle of 1' 09' 18" to a point in the southwesterly line of said E.B.M.U.D. Parcel and the TRUE POINT OF BEGINNING. Containing a grid area of 11 ,936 square feet of land more or less. Bearings and distances are based on the California Coordinate System Zone III (C.C.S. 83), all distances referenced herein are grid. Multiply distances shown by 1 .0000609 to obtain ground level distances. Multiply grid area by 1 .0001218 to obtain ground area. April 30, 1993 appendix.A Page 22 of 22