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HomeMy WebLinkAboutMINUTES - 06221993 - H.5 j1F...s.....1,,O •-'% =�`• Contra TO: BOARD OF SUPERVISORS Costa FROM: HARVEY E. BRAGDON County d DIRECTOR OF COMMUNITY DEVELOPMENT, ', DATE: June 14, 1993 uouf, SUBJECT: Setting of a Date for the Vote to Establish the Tax Rate within Zone 201 .0f County Service Area P-6 for Police Services for SUBS 7597 and 7737. in the West Pittsburg Area (Parcel #099-110-026 and -027) SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS 1. Adopt the Resolution authorizing a special tax election in County Service Area P-6, Zone 201. 2 . Adopt the Ordinance establishing a fee for County Service Area P-6, Zone 201 for Sudivisions 7597 and 7737 . 3 . Direct the County Clerk to conduct the election required by Government Code Section 52978 . This election shall be conducted by mail ballot pursuant to Code Section 1340 and shall be held on the earliest date permitted by law. FISCAL IMPACT None. BACKGROUND/REASONS FOR RECOMMENDATIONS Approved in September 24 , 1991 Subdivision 7597 is held to an older version of the Condition of Approval for the provision of police services in the Oakley area. Condition #22 of Subdivision 7597 requires the developer to agree to vote whether or not their property should be placed into a special tax area for the additional police services generated by the development. CONTINUED ON ATTACHMENT: X YES SIGNATU RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OryARD COMMITTEE APPROVE OTHER SIGNATURE(S) : ACTION OF BOARD ON 12, 1 -91-3 APPROVED AS RECOMMENDED _ OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A x UNANIMOUS (ABSENT TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact:Arthur Beresford - 646-2031 Orig: Community Development Department ATTESTED y y3 cc: County Counsel PHI ATCHELOR, CLERK OF Sheriff - Adm. Comm. Svc. THEL90ARD OF SUPERVISORS County Clerk - Elections AND COUNTY ADMINISTRATOR Auditor-Controller Assessor BY , DEPUTY Public Works 2 . 2 . The portion of the site to be developed into residential uses contains approximately 49 acres of land. It is to be developed in two phases under SUB 7597 and SUB 7737 . The remainder of the site consists of open space area, a park area and County roads. The overall development will contain a maximum of 300 lots. AB/aa BDVI/7597 .AB THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on June 22, 1993 by the following vote: AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ABSTAIN: None - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - SUBJECT: Authorizing a Special ) RESOLUTION NO. 93/347 Tax Election in County ) (Gov. C. 25210.8 & Service Area P-6, Zone ) 54900 ff.) 201 (SUBS 7597 & 7735 ) This Board recognizes the need for increased police protection services in the above subject zone and the difficulty of funding the current or an increased level of services by revenues now available. Government Code Sections 50077 and 53978 establish procedures for voter authorization of a special tax in order to provide additional funding for police protection. Zone 201 was approved by the Board of Supervisors in January, 1993. An March 16, 1993 election was held, however, votes were returned late to the Elections Division and could not be counted by law. Another election to approve the special tax is to be held. NOW, THEREFORE, THIS BOARD HEREBY DETERMINES, ORDERS AND DIRECTS: 1 . That Ordinance No. 93-45 adopted this date is to be presented for approval of the voters of Zone 201 of County Service Area No. P-6, as described in Exhibit "A", by a August 24, 1993 mail ballot election according to the following ballot proposition: "Shall Ordinance No. 93-45 of the Board of Supervisors of Contra Costa County be approved so as to authorize a special tax on property located in Zone 201 of County Service P-6 to maintain the present level of police protection service and provide additional funding for increased police protection service?" 2. The County Clerk (Elections Clerk) is directed to take all steps necessary to conduct the election required by this order. Said election shall be conducted by mailed ballot (Elections Code Sections 1340 and 1350 ff.) and shall be held as specified above. A synopsis of the Ordinance may be used. Orig. Dept:Community Development/Attn. Mary Fleming - 646-2031 cc: County Counsel Sheriff-Coroner, Sgt. Julie Ryan Auditor-Controller 1 hereby pertly that this Is a true and correct copy of an action taken and entered on the minutes of the Assessor Board of Superrleors on the date shown. Public Works Dept. wap; June 22. 199' County Clerk, Election Division PHIL BATCHELOR,Clerk of the Board of Supervisors and County Administrator nenUty RESOLUTION NO. 93-347 Page i EXHIBIT A SUB 7597 & 7737, Zone 201 RESOLUTION NO. 91---)[347 LEGAL DESCRIPTION REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, 'DESCRIBED AS FOLLOWS: BEING A PORTION OF THE SOUTHWEST ONE-QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE I WEST, MOUNT DIABLO MERIDIAN AND BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THAT CERTAIN DEED RECORDED JULY 2, 1990 IN BOOK 15960, OF OFFICIAL RECORDS, AT PAGE 922 , IN THE OFFICE OF THE COUNTY RECORDER, OF THE COUNTY OF CONTRA COSTA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9 ; THENCE, FROM SAID 'POINT POINT OF COMMENCEMENT, ALONG THE SOUTHERN LINE OF SAID SECTION. 9, NORTH 8801815511 EAST 1658 .79 FEET; THENCE, LEAVING SAID SOUTHERN LINE, NORTH 0104110511 WEST 50.00 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, FROM SAID POINT OF BEGINNING, NORTH 88018 '5511 EAST 54.00 FEET; THENCE, NORTH 6700614211 EAST 291.77 FEET; THENCE, ALONG A TANGENT 619.10.0 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF .1203410511, AN ARC LENGTH OF 135.78 FEET; THENCE, NORTH 5403213711 EAST 7. 39 FEET; THENCE, NORTH 4501113211 EAST 53 . 68 FEET; THENCE, NORTH 54021'05" EAST 62- 20 FEET; THENCE, NORTH 5304010711 EAST 57 .96 FEET; THENCE, NORTH 48-51'07" EAST 62. 35 FEET; THENCE, NORTH 43-12 '2211 EAST 62. 35 FEET; THENCE, NORTH 37033136" EAST 62. 35 FEET; THENCE, NORTH 31°54 '51' EAST 62. 35 FEET; PAGE TWO THENCE, NORTH 2601610511 EAST 62. 35 FEET; THENCE, NORTH 20031 '2011 EAST 62 . 35 FEET: THENCE, NORTH 1405t'3511 EAST 62 . 35 FEET; THENCE, NORTH 05050'47" EAST 62 . 28 FEET; THENCE, NORTH 02057'09" EAST 325. 11 FEET,- THENCE, NORTH 00018143" WEST 114 . 41 FEET; THENCE, NORTH 13016'36" WEST 53 . 00 FEET; THENCE, NORTH 07059'4011 WEST 91. 09 FEET; THENCE, NORTH 1805014411 WEST 55. 00 FEET; THENCE, NORTH 180342511 WEST 150. 00 FEET; THENCE, NORTH 15012 '3911 WEST 48. 53 FEET; THENCE, NORTH 11018 '45't WEST 48 . 99 FEET; THENCE, NORTH 0700512711 WEST 52 . 22 FEET; THENCE, NORTH 04031'28" WEST 50. 45 FEET; THENCE, NORTH 04032'29" WEST 515 .42 FEET-,- THENCE, NORTH 02022'35" EAST 51. 29 FEET; THENCE, NORTH 01017'29" EAST 42 . 00 FEET; THENCE, NORTH 50034134" EAST 105 . 45 FEET; THENCE, NORTH 67°02' 55'" EAST 27 . 63 FEET; THENCE, NORTH 23021138" EAST 161. 57 FEET TO A POINT ON THE SOUTHERN LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL FIVE IN THE JUDGEMENT ON THE DECLARATION OF TAKING, DATED DECEMBER 27 , 1938, UNDER ACTION NO. 21085 IN THE DISTRICT COURT OF THE UNITED STATES, IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA, SOUTHERN DIVISION ENTITLED, UNITED STATES OF AMERICA, PLAINTIFF, VS. HENRIETTA R. SELLERS, ET. AL. DEFENDANTS, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER, 29 , 1938 , IN BOOK 487 OF OFFICIAL RECORDS, AT PAGE 214 ; PAGE THREE THENCE, ALONG SAID SOUTHERN LINE, NORTH 66058'07" EAST 207.25 FEET; THENCE, LEAVING SAIID SOUTHERN LINE, SOUTH 88016'04" WEST 101.33 FEET; THENCE, SOUTH 01*43156" EAST 2. 65 FEET; THENCE, ALONG A NON-TANGENT 45.00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CEN ER OF SAID CURVE BEARS SOUTH 17050' 14" EAST, THROUGH A CENTRAL ANGLE OF 67000'05" , AN ARC LENGTH OF 52.62 FEET; - THENCE, NORTH 88042 '31" WEST 89. 10 FEET; THENCE, SOUTH 01017129" WEST 74 . 10 FEET; THENCE, NORTH 88042'31" WEST 440.00 FEET; THENCE, SOUTH 89039'36" WEST 173 . 11 FEET; THENCE, SOUTH 06035/221i EAST 93. 18 FEET; THENCE, SOUTH 0038'43" WEST 30.50 FEET; THENCE, ALONG A TANGENT 10. 00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 33014131" , AN ARC LENGTH OF 5.80 FEET; THENCE, ALONG A REVERSE TANGENT 45.00 FOOTRADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 26044 '17" , AN ARC LENGTH OF 21. 00 FEET; THENCE, NORTH 15'052' 16".--WEST 96. 16 FEET; THENCE, SOUTH 89039'36" WEST 110. 02 FEET; ' THENCE, SOUTH 0602512711 EAST 43 . 28 FEET; THENCE, SOUTH 06°25' 57" EAST 117 .68 FEET; THENCE, SOUTH 06021'1711 EAST 150.00 FEET,-, THENCE, SOUTH 06°21'48" EAST 102. 30 FEET; THENCE, SOUTH 21°32 ' 5411 EAST 91- 29 FEET; THENCE, SOUTH' 22031'21" EAST 98. 52 FEET;- THENCE, SOUTH 55°00" 32 11 EAST 20. 00 FEET; PAGE FOUR THENCE, ALONG A NON-TANGENT 45. 00 RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 55°00'32" EAST, - THROUGH A CENTRAL ANGLE OF 12905713211 , AN ARC LENGTH OF 102.07 FEET; THENCE, SOUTH 26023'22" EAST 83 - 83 FEET; THENCE, SOUTH 2605113911 EAST 186. 31 FEET; THENCE, SOUTH 4105115311 EAST 99 - 04 FEET; THENCE, SOUTH 12021'.34" EAST 169 . 18 FEET; THENCE, SOUTH 1703215511 EAST 103 . 12 FEET; THENCE, SOUTH 31041' 53" WEST 450.00 FEET; THENCE, SOUTH 26021143" WEST 67 .31 FEET; THENCE, SOUTH 13'023'33" WEST 64 -79 FEET; THENCE, SOUTH 0100110311 WEST 70- 15 FEET; .THENCE, . SOUTH 11021127" EAST 64 . 8.0 FEET; THENCE, SOUTH 18053107" EAST 65. 50 FEET; THENCE, SOUTH 4001515011 EAST 63 .76 FEET; THENCE, SOUTH 39026151" EAST 50- 00 FEET; THENCE, SOUTH 39026151" EAST 150. 00 FEET; THENCE, SOUTH 18,038127" EAST 53 -49 FEET,* THENCE, SOUTH 59018 ' 38" WEST 50. 00 FEET; THENCE, SOUTH 16043154". EAST 121. 14 FEET; THENCE, ALONG A NON-TANGENT 45.00 RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 78038' 1011 EAST, THROUGH A CENTRAL ANGLE OF 48022 ' 59", AN ARC LENGTH OF 38 . 00 .FEET; PAGE FIVE THENCE, SOUTH 0504$108" WEST 125.77 FEET TO SAID POINT OF BEGINNING AND CONUNINING 48.94 ACRES OF LAND, MORE OR LESS. END OF DESCRIPTION AEL P. BAR-BEE .,_ L.S. 5077 EXPIRES JUNE 30, 1995 t Exhibit A S v £ ABS 7597 & 773! Zone 201 A t 13 Wo Res. 93/347 �� S 96 tia� pg�r 14 4e 6 ty yah A v p6 y� Z,6 Q0�' fig` Z tib La p94 z m rr0 a ti p9 +6 6 6S t x a airk �9 g� 1p9 8St 8 °° 04 ' s? 'ro 157 O 'V ?o ss s r� Y rso N ltov two y a 6� �y b3 rrs rs a y co O 88Zy A 0 V cry w V N 01 �t tP i N 0 .+ N W A tJr tTs V ca LA c °D COALISS ST N w 0! N a V aoo � "•A' '' 10 10 10 w 10 W N P Q 10 1D V **-4 . ca 0 v V a � . FLETCHER ST FLETCHER CT. v ' 0 • w O to OJ fN H A W N r O iD 0 4 W W W ni A a A a of *-4 low v BURDICK DRIVE Q1 A � A i r i w Q Q Q a c i� . a W a ` O N W a to 1» oa NN N N N r r r i t <0 0 V Ql VI A W N V 1r m JILL E. — 1a m � W N 0 cm ORDINANCE NO. 93-45 (An Ordinance of the Board of Supervisors of Contra Costa County) Authorizing a Special Tax for Police Protection Services in Zone 201 of County Service Area No. P-6. The Contra Costa County Board of Supervisors ORDAINS as follows: ARTICLE I. PURPOSE. AND INTENT. It is the purpose and intent of this Ordinance to authorize the levy of a tax on parcels of real property on the secured property tax roll of Contra Costa County that are within Zone 201 of Contra Costa County Service Area No. P-6 in order to augment funding for police protection. This tax is a special tax within the meaning of Section 4 of Article XIIIA of the California Constitution. Because the burden of this tax falls upon property, this tax also is a property tax, but this tax is not determined according to nor in any manner based upon the value of property; this tax is levied on a parcel and use of property basis. Insofar as not inconsistent with this Ordinance or with legislation authorizing special taxes and insofar as applicable to a property tax that is not based on value, such provisions of the California Revenue and Taxation Code and of Article XIII of the California Constitution as relate to ad valorem property taxes are intended to apply to the collection and administration of this tax (Article IV of this Ordinance) , as authorized by law. The revenues raised by this tax are to be used solely for the purposes. of obtaining, furnishing, operating, and maintaining police protection equipment or apparatus, for paying the salaries and benefits of police protection personnel, and for_ such other police protection service expenses as are deemed necessary. ARTICLE II. DEFINITIONS. The following definitions shall apply throughout this Ordinance: 1. "Parcel" means the land and any improvements thereon, designated by an assessor's parcel map and parcel number and carried on the secured property tax roll of Contra Costa County. For the purposes of this Ordinance, parcel does not include any land or improvements outside the boundaries of Zone 201 of County Service Area P-6 nor any land or improvements owned by any governmental entity. -1- ORDINANCE NO. 93-45 2 . "Fiscal year" means the period of July 1 through the following June 30. 3 . Contra Costa County Service Area P-6 Zone 201 (hereinafter called "Zone") means that portion of the unincorporated area of Contra Costa County located within the Zone's boundaries described (see Exhibit A attached hereto) . 4 . "Use Code" means the code number assigned by the Assessor of Contra Costa County in order to classify parcels according to use for ad valorem property tax purposes. A copy of the Assessor's use code classifications chart is attached hereto as Exhibit B and incorporated herein. 5. "Consumer Price Index" means the Consumer Price Index for all Urban Consumers (CPI-U) for the San Francisco-Oakland-San Jose Area (1982-84=100) as published by the U. S. Department of Labor, Bureau of Labor Statistics. If the Consumer Price Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as would be obtained if the Consumer Price Index had not been discontinued or revised. 6. "Constant first year dollars" shall mean an actual dollar amount which, in years subsequent to the first fiscal year the tax is levied, shall have the same purchasing power as the base amount in first fiscal year dollars as measured by the Consumer Price Index. The base amount shall be the amount of tax per parcel as specified in Article III lA herein. The adjustment from actual to constant dollars shall be made by use of the Consumer Price Index, as specified in Section III 1B herein. ARTICLE III. AMOUNT AND LEVEL OF TAXES 1. The tax per year on each parcel in the Zone shall not exceed the amount applicable to the parcel, as specified below. A. For First Fiscal Year: The tax per year for the first fiscal year (July 1, 1994 through June 30, 1995) shall be the Amount of Tax Per Parcel for a Property Use Code Category as set forth on Exhibit C incorporated herein. -2- ORDINANCE NO. �3-45 B. For Subsequent Fiscal Years: In order to keep the tax on each parcel in constant first year dollars for each fiscal year subsequent to the first fiscal year, the tax per year shall be adjusted as set forth below to reflect any increase in the Consumer Price Index beyond the first fiscal year a tax is levied. In each July, the Board of Supervisors of Contra Costa County shall determine the amount of taxes to be levied upon the parcels in the Zone for the then current fiscal year as set forth below. For each Property Use Category on Exhibit C, the tax per year on each parcel for each fiscal year subsequent to the first fiscal year shall be an amount determined as follows: Tax Per Parcel Tax Per Parcel (Consumer Price Index For then Current = For First X for April of Immediately Fiscal Year Fiscal Year Preceding Fiscal Year) (Consumer Price Index for First Fiscal Year of Levy) Provided, however, that in no event shall the tax per parcel for any fiscal year be less than the amount established for the first fiscal year. 2 . The taxes levied on each parcel pursuant to this Article shall be a charge upon .the parcel and shall be due and collectible as set forth in Article IV, below. A complete listing of the amount of taxes on each parcel shall be maintained by the Sheriff-Coroner of the County of Contra Costa at Martinez , and be available for public inspection during the remainder of the fiscal year for which such taxes are levied. ARTICLE IV. COLLECTION AND ADMINISTRATION. 1. Taxes as Liens Against the Property. The amount of taxes for each parcel each year shall constitute a lien on such property, in accordance with Revenue and Taxation Code Section 2187, and shall have the same effect as an ad valorem real property tax lien until fully paid. -3- ORDINANCE NO. 9.i-4!j 2. Collection. The taxes on each parcel shall be billed on the secured roll tax bills for ad valorem property taxes and shall be due the County of Contra Costa. Insofar as feasible and insofar as not inconsistent with this Ordinance, the taxes are to be collected in the same manner in which the County collects secured roll ad valorem property taxes. Insofar as feasible and insofar as not inconsistent with this Ordinance, the times and procedure regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, liens, and collections for secured roll ad valorem property taxes shall be applicable to the collection of this tax. Notwithstanding anything to the contrary in the foregoing, as to this tax: 1) the secured roll tax bills shall be the only notices required for this tax, and 2) the homeowners and veterans exemptions shall not be applicable because such exemptions are determined by dollar amount of value. 3 . Costs of Administration by County. The reasonable costs incurred by the County officers collecting and administering this tax shall be deducted from the collected taxes. ARTICLE V. SEVERABILITY CLAUSE If any article, section, subsection, sentence, phrase of clause of this Ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portion of this Ordinance. The voters of the Zone hereby declare that they would have adopted the remainder of this Ordinance, including each article, section, subsection, sentence phrase or clause, irrespective of the invalidity of any other article, section, subsection, sentence, phrase or clause. ARTICLE VI . EFFECTIVE DATE. This Ordinance shall take effect immediately upon its confirmation by two-thirds of the voters voting within the Zone in an election to be held August 24 , 1993 so that taxes shall first be collected hereunder for the tax year beginning July 1, 1994 . -4- ORDINANCE NO. 93-45 PASSED AND ADOPTED at a regular meeting of the Board of Supervisors, County of Contra Costa, State of California, on •T„na 92.1 1993 by the following vote: AYES: SUPERVISORS Powers, Smith, Bishop, McPeak and Torlakson NOES: None ABSENT: None ATTEST: PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By: - Deputy Board Chair VJW:df df4:vjwlordlcsap6 -5- ORDINANCE NO. A-45 Page EXHIBI T A SUBS,.7597 & 7737 7nne 201 ORD. NO. 93-45 LEGAL DESCRIPTION REAL PROPERTY, SIlUATE IN THE UNINCORPORATED TERRITORY OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION Or THE SOUTHWEST ONE—QUARTER OF SECTION 9, TOWNSHIP 2 NORTH, RANGE I WEST, MOUNT DIABLO MERIDIAN AND BEING A PORTION OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THAT CERTAIN DEED RECORDED JULY 2, 1990 IN BOOK 15960, OF OFFICIAL RECORDS, AT PAGE 922 , IN THE OFFICE OF THE COUNTY RECORDER, OF THE COUNTY OF CONTRA COSTA, MORS PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 9; THENCE, FROM SAID .POINT POINT OF COMMENCEMENT., ALONG THE SOUTHERN LINE OF SAID SECTION. 9, NORTH 8801815511 EAST 1658.79 FEET; THENCE, LEAVING SAID SOUTHERN LINE, NORTH 01043.110511 WEST 50. 00 FEET TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE, FROM SAID POINT OF BEGINNING, NORTH 8801815511 EAST 54.00 FEET; THENCE, NORTH 67*06'42" EAST 291.77 FEET; THENCE, ALONG A TANGENT 619.00 FOOT, RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 1203410511 , AN ARC LENGTH OF 135.78 FEET; THENCE, NORTH 5403213711 EAST 7.39 FEET; THENCE, NORTH 4501113211 EAST 53 . 68 FEET; THENCE, NORTH 54021'05" EAST 62 .20 FEET; THENCE, NORTH 5304010711 EAST 57.96 FEET; THENCE, NORTH 48051'07" EAST 62. 35 FEET; THENCE, NORTH 4301212211 EAST 62.35 FEET; THENCE, NORTH 3703313611 EAST 62. 35 FEET; THENCE, NORTH 310541511 EAST 62. 35 FEET; PAGE TWO THENCE, NORTH 2601610511 EAST 62 - 35 FEET;. THENCE, NORTH 20031'20" EAST 62. 35 FEET; THENCE, NORTH. 140513511 EAST 62. 35 FEET; THENCE, NORTH 0505Q'47's EAST 62 .28 FEET; THENCE, NORTH 02057l09" EAST 325.11 FEET; THENCE, NORTH 00018143" WEST 114 .41 FEET; THENCE, NORTH 1301613611 WEST 53 . 00 FEET; THENCE, NORTH 07059'40" WEST 91. 09 FEET; THENCE, NORTH 1805014411 WEST 55. 00 FEET; THENCE, NORTH 1803412511 WEST 150.00 FEET; THENCE, NORTH 15012'39" WEST 48 . 53 FEET; THENCE, NORTH 11018 '4511 WEST 48 . 99 FEET; THENCE, NORTH 07006'27" WEST 52. 22 FEET; THENCE, NORTH 04033'2811 WEST 50- 45 FEET: THENCE, NORTH 0403229" WEST -5-15.42 FEET; THENCE, NORTH 02022'3511 EAST 51. 29 FEET; THENCE, NORTH 01017.'29" EAST 42 . 00 FEET; THENCE, NORTH 50034'34" EAST 105. 45 FEET; THENCE, NORTH 67002'55" EAST 27 . 63 FEET; THENCE, NORTH 23021138" EAST 161. 57 FEET TO A POINT ON THE SOUTHERN LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL FIVE IN THE JUDGEMENT ON THE DECLARATION OF TAKING, DATED DECEMBER 27, 1938, UNDER ACTION NO. 21085 IN THE DISTRICT COURT OF THE UNITED STATFS, IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA, SOUTHERN DIVISION ENTITLED, UNITED STATES OF AMERICA, PLAINTIFF, VS. HENRIETTA R. SELLERS, ET. AL. DEFENDANTS, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER, 29 , 1938, TN BOON 487 OF OFFICIAL RECORDS, AT PAGE 214 ; PAGE THREE THENCE, ALONG SAID SOUTHERN LINE, NORTH 66058'07" EAST 2-07 .25 FEET; THENCE, LEAVING SAID SOUTHERN LINE, SOUTH 88016104" WEST 101. 33 FEET; THENCE, SOUTH 01*43 '5611 EAST 2. 65 FEET; THENCE, ALONG A NON—TANGENT 45o00 FOOT RADIUS CURVE TO THE LEFT, FROM WHICH THE CEN ER OF SAID CURVE BEARS SOUTH 17050114" EAST, THROUGH A CENTRAL ANGLE OF 6700010511, AN ARC LENGTH OF 52 . 62 FEET; THENCE, NORTH 88042'31" WEST 89. 10 FEET; THENCE, SOUTH 0101712911 WEST 74 . 10 FEET; THENCE, NORTH 88042'3111 WEST 440.00 FEET; THENCE, SOUTH 89039'36" WEST 173 . 11 FEET; THENCE, SOUTH 0603512211 EAST 93 . 18 FEET; THENCE, SOUTH 83038'4311 WEST 30. 50 FEET; THENCE, ALONG A TANGENT 10-00 FOOT RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 33014'3111, AN ARC LENGTH OF 5.80 FEET; THENCE, ALONG A REVERSE TANGENT 45.00 FOOT RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 26044 '17" , AN ARC LENGTH OF 21. 00 FEET; THENCE, NORTH 15°52'16".--WEST 96. 16 FEET; THENCE, SOUTH 89°39'36" WEST 110.02 FEET; THENCE, SOUTH 06025'2711 EAST 43 .28 FEET; THENCE, SOUTH 06025§`57l EAST 117.68 FEET; THENCE, SOUTH 016021117" EAST 150.00 FEET; THENCE, SOUTH 06021'48" EAST 102.30 FEET; THENCE, SOUTH 21032'54" EAST 91. 29 FEET; THENCE, SOUTH 22031'21" EAST 98. 52 FEET; THENCE, SOUTH 55000!'32" EAST 20. 00 FEET; PAGE FOUR THENCE, ALONG A NON-TANGENT 45.00 RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 5500013.2.1t EAST, THROUGH A CENTRAL ANGLE OF 1290573211, AN ARC LENGTH OF 102-07 FEET; THENCE, SOUTH 26'02312211 EAST 83 -83 FEET; THENCE, SOUTH 2605t,'3911 EAST 186.31 FEET; THENCE, SOUTH 41*5115311 EAST 99 -04 FEET; THENCE, SOUTH . 12021 '3411 EAST 169 . 18 FEET; THENCE, SOUTH 1703255" EAST 103 . 12 FEET; THENCE, SOUTH 31041'5311 WEST 450. 00 FEET; THENCE,. SOUTH 26021'43" WEST 67 . 31 FEET; THENCE, SOUTH 13023 '33" WEST 64 .79 FEET; THENCE, SOUTH 01'001103" WEST 70 - 15 FEET; .THENCE, . SOUT14 11'021'27" EAST 64 .80 FEET; THENCE, SOUTH 18053107" EAST FEET; THENCE, SOUTH 4001515011 EAST 63 .76 FEET; THENCE, SOUTH 3902615111 EAST 50- 00 FEET; THENCE, SOUTH 39026151" EAST 150.00 FEET; THENCE, SOUTH 18038'2711 EAST 53 .49 FEET: THENCE, SOUTH 59018'38" WEST 50. 00 FEET; THENCE, SOUTH 16043154". EAST 121 . 14 FEET; THENCE, ALONG A. NON-TANGENT 45.00 RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 78*38'10" EAST, THROUGH A CENTRAL ANGLE OF 48022.' 59", AN ARC LENGTH OF 38-00 FEET; PAGE FIVE THENCE, SOUTH 0504$108" WEST 125.77 FEET TO SAID POINT OF, BEGINNING AND CONT4INING 48 .94 ACRES OF LAND, MORE OR LESS. END OF DESCRIPTION AEL P. 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SUB 7597 & ZONE 201 7737 FOR FISCAL YEAR JULY 1,' -1994, THROUGH JUNE 30, 1995 EXHFBiT c PROPERTY USE ANNUAL TAX CODE CATEGORY EXPLANATION PER PARCEL 11 Single Family Residence - 200 1 res., 1 site 12 Single Family Residence - $ 200 1 res., 2 or more sites 13 Single Family Residence - $ 200- 2 res. on I or more sites 14 Single Family Residence- $ 200 other than single fam. land 15 Misc. Improvements - 1 site $ 200 16 Misc. improvements - - $ 200 2 or more sites 17 Vacant - I site $ 100 18 Vacant - 2 or more sites $100 19 Single Family Residence - $ 200 Det. w/common area 20 Vacant - Multiple $ 100 21 ' Duplex $ 200 22 Triplex $ 200 23 Fourplex $ 200 24 Combinations $ 200 25 Apartments (5 -12 units) $ 400 26 Apartments (13 - 24 units) $ 400 27 Apartments (25 - 59 units) $ 600 28 Apartments (60+ units) $ 800 29 Attached PUDs: $ 200 Cluster Homes, Condos, etc. 30 Vacant - Commercial $ 100- 31 Commercial Stores - $ 600 Not Supermarkets 32 Small Grocery Stores $ 600 (7-11, etc.) 33 Office Buildings $ 400 34 Medical, Dental $ 400_ 35 Service Stations, Car Wash $ 400 36 Garages $ 400 37 Community Facilities $ 800 (recreational, etc.) 38 Golf Courses $ 400 39 Bowling Alleys $ 400 40 Boat Harbors $ 400 41 Supermarkets $ 600 (not shopping centers) 42 Shopping Centers $ 800 43 Financial Buildings $ 400 (ins., Title, Banks, S&L) 44 Motels, Hotels & Mobile $ 600 Home Parks 45 Theaters $ 600 46 Drive-In Restaurants $ 400 47 Restaurants (not drive-in) $ 400 48 -Multiple & Commercial $ 400 — 49 New Car Agencies $ 400 50 Vacant Land ( not part of $ 100 ind. park or P. & D.) 51 Industrial Park $ 800 52 Research & Development $ 400 53 Light Industrial $ 400 54 Heavy Industrial $ 400 55 Mini Warehouses (public Storage) $ 600 56 Misc. Improvements $ 400 61 Rural, Res. Improvement 1 A-1 OA $ 200 62 Rural, Wor w/o Structure 1A-10A $ 200 70 Convalescent Hospitals/ $ 400 Rest Homes 73 Hospitals $ 400 74 Cemeteries/Mortuaries $ 400 75 Fraternal & Service Organizations $ 400 76 Retirement Housing Complex $ 600 78 Parks & Playgrounds $ 800 85 Public & Private Parking $ 400 87 Common Area $ 400 88 Mobile Homes -$ 200 89 Other (split parcels in different $ 200 tax code areas) 99 Awaiting Assignment $ 200