HomeMy WebLinkAboutMINUTES - 04191994 - 1.25 THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 19, 1994, by the following vote:
AYES: 'Supervisors Smith, DeSaulnier, Torlakson and Bishop
NOES: None
ABSENT: Supervisor Powers
ABSTAIN: None RESOLUTION NO. 94/209
Government Code § 25526.6
SUBJECT: Conveyance of Easement to Central Contra Costa Sanitary District
Former Southern Pacific Right of Way/South Broadway Extension
Project No. WO 5575
Walnut Creek Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costa County acquired certain real property by deed recorded on
December 9, 1985, in Book 12652 at page 570, in the Walnut Creek area, for public
transit and utility purposes. The Central Contra Costa Sanitary District has requested an
easement over a portion of said property, described in Exhibit"A" attached hereto, for the
construction and maintenance of underground sanitary sewer facilities. This Board
FINDS that the conveyance of such easement is in the public interest and will not
substantially conflict or interfere with the County's use of the property.
This Board hereby APPROVES and AUTHORIZES the conveyance of an
easement to the Central Contra Costa Sanitary District, over the property described in
Exhibit"A"attached hereto, pursuant to Government Code Section 25526.6 and the Board
Chair is hereby AUTHORIZED to execute a Grant of Easement on behalf of the County
in consideration for the payment received in full in the amount of $5,000.
The Real Property Division is DIRECTED to cause said Grant of Easement to be
delivered to the grantee.
thereby certify that this is a trueandcorrectcopyof
an action taken and rntorod on the minutes of the
NW:kd Board of Supervi rs on'ho data shown.
arrEPHIL �i L7 , i t 9d
c:BR2719.t4 PHIL BAT LOR, ^lerk of the Board
of Supervisors and county Administrator
Orig. Dept.: Public Works (R/P)
Contact: N. Wenninger (313-2227) By .oeputy
cc: Public Works Accounting
Public Works Records
Grantee (via R/P)
Recorder (via R/P)
RESOLUTION NO. 94/ 209
Exhibit A REVISION 3
3\29\94
15 ' SURFACE ESMT COUNTY TO CSAN
THE HEREIN DESCRIBED LAND IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF CONTRA COSTA, CITY OF WALNUT CREEK, A PORTION OF THE
RANCHO SAN MIGUEL, , AND IS DESCRIBED AS FOLLOWS:
BEING A PORTION OF THOSE LANDS CONVEYED BY SOUTHERN PACIFIC
TRANSPORTATION COMPANY TO CON'T'RA COSTA COUNTY ON DECEMBER 9 , 1985 ,
RECORDED IN BOOK 12652 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY ,
PAGE 570 .
COMMENCING AT A STANDARD CITY OF WALNUT CREEIi MONUMENT IN THE
CENTERLINE OF SOUTH BROADWAY AS SHOWN ON A PARCEL MAP FILED IN BOOK
28 OF PARCEL MAPS AT PAGE 18 ; THENCE SOUTH 24°45 ' 13" EAST 1125 . 34
FEET TO A STANDARD CI'T'Y OF WALNUT CREEK MONUMENT AS SHOWN ON SAID
PARCEL NAP; THENCE SOUTH 40°17 ' 34" EAST 278 . 79 FEET TO THE EASTERLY
LINE OF SAID LANDS CONVEYED TO CONTRA COS'T'A COUNTY ( 12652 OR 570 ) ,
THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, THE BEGINNING OF
A NON-TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 915 . 00
FEET, A RADIAL, LINE BEARS SOUTH 82°19 ' 02" WEST; THENCE SOUTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°02 ' 17" A DISTANCE OF
16 . 58 FEET TO THE BEGINNING OF A NON-TANGENT LINE, A RADIAL LINE
BEARS SOUTH 8321 ' 19" WEST ; THENCE ALONG SAID LINE SOUTH 57°38 ' 32"
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WEST 5 . 25 FEET; TIIENCE SOUTH 0037 ' 16" EAST 119 . 65 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF
1015 . 00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 4'24 ' 06" A DIS'T'ANCE OF 77 . 98 FEET , A RADIAL LINE BEARS
NORTH 86°13 ' 10" WEST; 'THENCE TANGENT TO SAID CURVE , SOUTH 3°46150"
(FEST 79 . 57 FEET TO THE EASTERLY . LINE OF SAID CONTRA COSTA COUNTY
LANDS ( 12652 OR 570 ) , THE BEGINNING OF A NON TANGENT CURVE CONCAVE
TO THE WEST HAVING A RADIUS OF 915 . 00 FEET, A RADIAL LINE BEARS
NORTH 79°02 ' 38 WEST; THENCE SOU'T'HERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 1°48 ' 13" A DISTANCE OF 28 . 80 FEET; THENCE
CON'T'INUING ALONG SAID CONTRA COS'T'A COUNTY LANDS , SOUTH 13030146"
EAST 13 . 64 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO
THE EAST HAVING A RADIUS OF 435 . 00 FEET, A RADIAL LINE BEARS SOUTH
86034 ' 22" EAST; THENCE SOU'T'HERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 17"00 ' 10" A DISTANCE OF 129 . 09 FEET; THENCE TANGENT TO
SAID CURVE, SOUTH 13'34 ' 32" EAST 325 . 55 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2905 . 00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
9'30 ' ,10" A DISTANCE OF 482 . 22 FEET TO THE BEGINNING OF A TANGENT
LINE ; 'THENCE ALONG SAID TANGENT LINE , SOUTH 23005 ' 12" EAST 91 . 13
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST HAVING
A RADIUS OF 3625 . 00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 9°30 ' 16" A DISTANCE OF 601 . 33 FEET TO TIIE
BEGINNING OF A TANGENT LINE ; THENCE ALONG SAID LINE , SOUTH
32°35 ' 28" LAST 813 . 10 FEET; THENCE NORTH 57026 ' 14" EAST 16 . 31 FEET
TO THE EASTERLY LINE OF SAID LANDS OF CON'T'RA COS'T'A COUNTY; THENCE
ALONG SAID EASTERLY LINE , SOU'TII 32°33 ' 46" EAST 20 . 00 FEET; THENCE
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LEAVING SAID LINE , SOUTH 57°26 ' 14" WEST 31 . 30 FEET; THENCE NORTH
32°35 ' 28" WEST 833 . 09 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 3640 . 00 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9'30 , 16" A
DIS'T'ANCE OF 603 . 82 FEET.'; 'THENCE TANGENT TO SAID CURVE NORTH
23°05 ' 12" WEST 91 . 13 C'EL'T TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 2920 . 00 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9'30 ' 40', A
DISTANCE OF 484 . 71 FEET ; THENCE TANGENT TO SAID CURVE, NORTH
13°34 ' 32" FEST 325 . 55 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 450 . 00 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17021 ' 22" A
DISTANCE OF 136 . 32 FELT; THENCE TANGENT TO SAID CURVE, NORTH
3°46 ' 50" EAST 118 . 43 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE WEST HAVING A RADIUS OF 1000 . 00 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°24 ' 06" A
DISTANCE OF 76 . 82 FEET; THENCE TANGENT TO SAID CURVE, NORTTT
0°37 ' 16" WEST 128 . 01 FEET; THENCE NORTH 57°38 ' 32" EAST 20 . 66 FEET
TO THE TRUE POINT OF BEGINNING.
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10 ' SSE
10' SUBSURFACE EASEMENT COUNTY 3/29/94 REVISION
5
TO CSAN
THE HEREIN DESCRIBED PARCELS OF LAND ARE SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF CONTRA COS'T'A, CI'T'Y OF WALNUT CREEK, BEING A
POR,rION OF THE RANCHO SAN MIGUEL, AND ARE DESCRIBED AS FOLLOWS :
PORTIONS OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM SOUTHERN
PACIFIC TRANSPORTATION COMPANY TO CONTRA COSTA COUNTY RECORDED
DECEMBER 9 , 1985 , IN BOOK 12652 OF OFFICIAL RECORDS OF CONTRA COSTA
COUNTY , PAGE 570 , DESCRIBED IN THE FOLLOWING PARCELS :
PARCEL A
COMMENCING AT THE MOST NORTHERN STANDARD CITY OF WALNUT CREEK
MONUMENT IN THE CENTERLINE OF SOUTH BROADWAY AS SHOWN ON THE PARCEL
MAP FILED MAY 30 , 1973 IN BOOK 28 OF PARCEL MAPS AT PAGE 18 , CONTRA
COSTA COUNTY RECORDS ; THENCE ALONG SAID CENTERLINE SOUTH 24°45 ' 13"
EAST 1125 . 34 FEET TO A SECOND STANDARD CITY OF WALNUT CREEK
MONUMENT AS SHOWN ON SAID PARCEL MAP; THENCE SOUTH 40°17 ' 34 " EAST
278 . 79 FEET TO THE EASTERLY LINE OF SAID CONTRA COSTA COUNTY PARCEL
( 12652 OR 570 ) , ALSO BEING AT THE TRUE POINT OF BEGINNING OF THIS
DESCR.TPTION, THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
WEST HAVING A RADIUS OF 915 . 00 FEET, A RADIAL LINE OF SAID CURVE TO
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SAID POINT OF BEGINNING BEARS NORTH 82°19 ' 02" EAST; THENCE
SOUTHERLY ALONG SAID CURVE, BEING ALONG SAID EAS'T'ERLY LINE , THROUGH
A CEN'T'RAL ANGLE OF 1002 ' 17" A DISTANCE OF 16 . 58 FEET TO THE
BEGINNING OF A NON-TANGENT LINE , A RADIAL LINE OF SAID CURVE TO
SAID POINT BEARS NOR'T'H 83'21 ' 19" EAST; THENCE ALONG SAID LINE SOUTH
57"313 ' :32" WEST 17 . 01 FEET TO A POINT HEREIN DESCRIBED AS POINT "A" ,
_ f
SAID POINT "A" BEING 99 . 52 FEET EASTERLY (RI:GHT ANGLE MEASURE) OF
THE DESIGN CENTERLINE AT STATION 629+72 . 35 , AS SAID CENTERLINE IS
SHOWN ON THE 1992 RIGHT OF WAY MAP FOR SOUTH BROADWAY EXTENSION
PROJECT, NEWELL AVENUE TO RUDGEAR ROAD, CONTRACT NUMBER 88-6 ON
FILE AT THE CITY OF WALNUT CREEK COMMUNITY DEVELOPMENT DEPARTMENT;
THENCE FROM SAID POINT "A" SOUTH 57 ° 38 ' 32" WEST 5 . 88 FEET; THENCE
NORTH 0* 37 ' W' WEST 17 .64 FEET; 'TIIENCE NORTH 57 ° 38 ' 32" EAST 20 .66
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B
A STRIP OF LAND 10 . 00 FEET IN WIDTH, 'THE CENTERLINE OF WHICH IS
DESCRIBED AS FOLLOWS :
I3E'GINNI:NG AT POINT "A" AS MENTIONED IN PARCEL A DESCRIBED ABOVE ;
THENCE SOUTH 0°37 ' 16" EAST 113 . 47 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1005 . 00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
4°24 ' 06" A DISTANCE OF 77 . 21 FEET; THENCE TANGENT TO SAID CURVE ,
SOUTH :3'46 ' 50" WEST 118 . 43 FEET TO 'TIIE BEGINNING OF A TANGENT CURVE
CONCAVE TO TETE EAST HAVING A RADIUS OF 445 . 00 FEET; THENCE
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SOU'T'HERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°21 ' 22" A
DISTANCE OF 134 . 80 FEET ; THENCE TANGENT TO SAID CURVE, SOUTH
13°34 ' 32" EAST 325 . 55 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST LAVING A RADIUS OF 2915 .00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1037 ' 47" A
DISTANCE OF 82 . 92 FEET TO A POINT HEREIN DESCRIBED AS POINT "B" ,
SAID POINT "B" BEING 22 . 28 FEET EASTERLY (RIGHT ANGLE MEASURE ) OF
SAID DESIGN CENTERLINE AT STA'T'ION 638+24 . 82 , A RADIAL LINE OF SAID
CURVE TO SAID POINT BEARS SOUTH 74 " 47140" FEST; THENCE CONTINUING
SOUTHERLY ALONG SAID CURVE HAVING A RADIUS OF 2915 . 00 FEET THROUGH
A CENTRAL ANGLE OF 6 °43 ' 56" A DISTANCE OF 342 . 51 FEET TO A POINT
HEREIN DESCRIBED AS POINT "C" , SAID POINT "C" BEING 22 . 25 FEET
EASTERLY ( RIGHT ANGLE MEASURE ) OF SAID DESIGN CENTERLINE AT STATION
641+70 . 02 , A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH
68003 ' 45" WEST; THENCE CONTINUING SOUTHERLY ALONG SAID CURVE HAVING
A RADIUS OF 2915 . 00 FEET THROUGH A CENTRAL ANGLE OF 1 `08 ' 57" A
DISTANCE OF 58 . 46 FEET; THENCE TANGENT TO SAID CURVE, SOUTH
23"05 ' 12" EAST 91. . 13 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 3635 . 00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7039 ' 38" A
DISTANCE OF 486 . 00 FEET TO A POINT HEREIN DESCRIBED AS POINT "D" ,
SAID POINT "D" BEING 22 . 21 FEET EASTERLY (RIGHT ANGLE MEASURE ) OF
SAID DESIGN CENTERLINE AT STATION 648+09 . 00 , A RADIAL LINE OF SAID
CURVE TO SAID POINT BEARS SOUTH 59015 ' 10" GEST; THENCE CONTINUING
SOUTHERLY" ALONG SAID CURVE HAVING A RADIUS OF 3635 .00 FEET THROUGH
A CENTRAL, ANGLE OF 1 ° 50 ' 38" A DISTANCE OF 116 . 99 FEET; THENCE
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TANGENT TO SAID CURVE, SOUTH 32°35 ' 28" EAST 213 .09 FEET TO A POINT
HEREIN DESCRIBED AS POINT "E" , SAID POINT "E" BEING 22 . 20 FEET
EAS'T'ERLY ( RIGHT ANGLE MEASURE ) OF SAID DESIGN CEN'T'ERLINE AT STATION
651+39 . 78 ; THENCE CONTINUING SOUTH 32° 35 ' 28" EAST 600 . 01 FEET TO A
POINT HEREIN DESCRIBED AS POINT "F" , SAID POINT "F" BEING 22 . 20
FE'E'T' EAS'T'ERLY (RIGHT ANGLE MEASURE) OF SAID DESIGN CENTERLINE AT
STATION 657+39 . 79 , SAID POINT "F" BEING THE SOUTHERLY TERMINUS OF
THE CENTERLINE OF THE HEREIN DESCRIBED PARCEL B.
PARCEL C
A S'T'RIP OF LAND 10 .00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS
DESCRIBED AS FOLLOWS :
BEGINNING AT POINT "B" AS MENTIONED IN PARCEL B DESCRIBED ABOVE;
THENCE NOR'T'H 88° 12 ' 14" EAST 31 . 34 FEET TO THE NORTHWEST CORNER OF
LOT 18 , MAP OF EL ENCINO SUBDIVISION UNIT NO. 2 , FILED MARCH 5 ,
1947 IN MAP BOOB 32 , PAGE 49 , CONTRA COSTA COUNTY RECORDS , SAID
CORNER BEING ON TETE EASTERLY LINE OF SAID CONTRA COSTA COUNTY
PARCEL ( 1265'2 OR 570 ) , BEING THE TERMINUS OF THE CENTERLINE OF THE
HEREIN DESCRIBED PARCEL "C" .
PARCEL D
A STRIP OF LAND 10. 00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS
DESCRIBED AS FOLLOWS :
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BEGINNING AT POINT "C" AS MENTIONED IN PARCEL B DESCRIBED ABOVE;
THENCE NORTH 69° 13 ' 49" EAST 29 . 35 FEET TO THE EASTERLY LINE OF SAID
CONTRA COSTA COUN'T'S' PARCEL ( 12652 OR 570 ) , BEING SOUTHERLY ALONG
SAID EASTERLY LINE , ALONG THE ARC OF A CURVE CONCAVE TO THE
NORTHEAST HAVING A RADIUS OF 3 , 769 . 75 FEET THROUGH A CENTRAL ANGLE
OF 0'30 ' 30" AN ARC DISTANCE OF 33 . 45 FEET FROM THE NORTHWEST CORNER
OF LOT 10 , MAP U�F SAN MIGUEL 'TERRACE, FILED APRIL 7 , 1948 , MAP BOOB
34 , PAGE 40 , CONTRA COSTA COUNTY RECORDS , BEING THE TERMINUS OF TIIE
CENTERLINE OF THE HEREIN DESCRIBED PARCEL "D" .
PARCEL E
A STRIP OF LAND 10 . 00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS
DESCRIBED AS FOLLOWS :
BEGINNING AT POINT "D" AS MENTIONED IN PARCEL B DESCRIBED ABOVE;
THENCE NORTH 64 * 56 ' 54 " EAST 27 . 39 FEEL' TO THE NORTHWEST CORNER OF
LOT 15 , MAP OF SAN MIGUEL TERRACE, FILED APRIL 7 , 1948 , MAP BOOK
34 , PAGE 40 , CONTRA COSTA COUNTY RECORDS , SAID CORNER BEING ON THE
EASTERLY LINE OF SAID CONTRA COSTA COUNTY PARCEL ( 12652 OR 570 ) ,
BEING THE TERMINUS OF TIIE CENTERLINE OF THE IIEREIN DESCRIBED PARCEL
E.
PARCEL F
A STRIP OF LAND 1.0 . 00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS
DESCRIBED AS FOLLOWS :
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BEGINNING AT POINT "E" AS MENTIONED IN PARCEL B DESCRIBED ABOVE ;
THENCE NORTH 63° 14 ' 36" EAST 26 . 74 FEET TO A POINT ON THE EASTERLY
LINE OF SAID CON'T'RA COSTA COUNTY PARCEL ( 12652 OR 570 ) , FROM WHICH
POINT THE SOUTHWEST CORNER OF LOT 8 , AS SAID LOT IS SHOWN ON THE
MAP OF SUBDIVISION 7097 , FILED JANUARY 23 , 1990 IN BOOK 341 OF
MAPS , AT PAGES 26 AND 27 , CONTRA COSTA COUNTY RECORDS BEARS SOUTH
32° 33 ' 46" EAST 5 . 32 FEET, BEING THE TERMINUS OF THE CENTERLINE OF
THE HERIN DESCRIBED PARCEL F.
PARCEL G
BEGINNING AT POINT "F" AS DESCRIBED IN PARCEL B ABOVE; THENCE
NORTH 57 ' 26 ' 14" EAST 26 . 31 FEET TO THE NORTHEASTERLY LINE OF SAID
CONTRA COSTA COUNTY PARCEL ( 12652 OR 570 ) , ALSO BEING THE
SOUTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO
JOHN PAT'TERSON ET UX , RECORDED OCTOBER 4 , 1982 IN BOOK 10957 OF
OFFICIAL RECORDS OF CONTRA COSTA COUNTY, PAGE 932 ; THENCE SOUTH
3233 ' 46" EAST 20 . 00 FEET ALONG SAID NORTHEASTERLY LINE TO THE MOST
SOUTHERLY CORNER OF SAID PATTERSON PARCEL ; THENCE SOUTH 57 '26114"
WEST 31 . 30 FEET ; THENCE NORTH 32° 35128" ►FEST 20 . 00 FEET; THENCE
NOR.'CH 57 '26 ' 14" EAST 5 . 00 FEET TO POINT "F" , THE POINT OF
BEGINNING .
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Recording Requested By:
Central Contra Costa Sanitary District
And When Recorded Mail to: -
Central Contra Costa Sanitary District
5019 Imhoff Place
Martinez, CA 94553
Ann: Purchasing
GRANT OF EASEMENT
THIS AGREEMENT, made and entered into this day of 1994,
by and between Contra Costa County, a political subdivision of the State of California
("Grantor"), and Central Contra Costa Sanitary District, a public corporation organized and
existing under the laws of the State of California ("Grantee"),
WITNESSETH:
THAT the Grantor, for a good and valuable consideration, the receipt and sufficiency
whereof are hereby acknowledged, hereby grants to the Grantee and to its successors
and assigns perpetual non-exclusive easements and right-of-way, as described herein
and in Exhibit One, for the purpose of constructing, altering, replacing, repairing,
maintaining, and operating sanitary sewer pipelines and appurtenances, as the Grantee
may see fit, in, under, along, and across that certain real property described in Exhibit
One.
WITH respect to the exercise of the rights herein granted, the parties hereto agree as
follows:
1. The Grantor grants to the Grantee non-exclusive "Surface Access Easements"
providing the Grantee the right to use the ground surface of the real property
described in Exhibit One, for all purposes necessary and ancillary to constructing,
altering, replacing, repairing, maintaining, and operating sanitary sewer pipelines
and related sewer facilities, including, but not limited to, access for pedestrians,
vehicles, and equipment of all varieties.
2. The Grantor grants to the Grantee "Sub-Surface Facility Easements"as particularly
described in Exhibit One which provides to the Grantee the right to construct, alter,
replace, repair, maintain, and operate underground sewer pipelines and related
sewer facilities in such configurations and in such sizes as determined by the
Grantee and approved by Grantor. Such approval shall not be unreasonably
withheld. The Grantee shall enjoy full use of the easement as provided for herein.
3. Both the "Surface Access Easements" and the "Sub-Surface Facility Easements"
are perpetual and non-exclusive. However, any "Sub-Surface Facility Easements"
granted by the Grantor to any "user" other than the Grantee subsequent to this
Grant of Easement and which overlap or overlay the "Sub-Surface Facility
Easements" as described in Exhibit One shall require the "user" of the subsequent
easement to enter into a common use agreement with the Grantee, approval of
which shall not be unreasonably withheld, which shall contain, at a minimum, the
following provisions:
a. The "user" shall remove or relocate its facility in a timely manner and at no
cost to the Grantor or Grantee as reasonably necessary to accommodate
the Grantee's right to construct, alter, replace, enlarge, repair, maintain, and
operate the Grantee's pipelines and related facilities.
1
b. When the Grantee determines to undertake a project which shall
necessitate the removal or relocation of the"user's"facility within or from the
Grantee's "Sub-Surface Facility Easement, the Grantee shall provide the
"user" with a minimum of ninety (90) calendar days written notice of the
need to remove or relocate said facility. The "user" shall submit a removal
or relocation plan to the Grantee within thirty (30) calendar days of receipt
of notice to do so. The Grantee shall review and comment on the plan
within thirty (30) calendar days of its receipt. The "user" shall promptly
modify the plan to incorporate the Grantee's comments and resubmit the
plan for Grantee's approval. The approval by the Grantee shall not be
unreasonably withheld.
C. Any damage done to the Grantee's facilities by the "user" shall be repaired
by the Grantee and all costs shall be paid for by the "user." The"user" shall
provide a bond or other surety acceptable to Grantee on or before the
execution of the common use agreement by the Grantee, in a sufficient
amount to the Grantee as a guarantee that the "user" shall remove or
relocate their facilities upon notification to do so by the Grantee.
d. The "user"shall defend, indemnify, save and hold harmless the Grantee and
its officers and employees from any and all claims, costs and liabilities for
any damages, injury or death arising from or connected with the
performance hereof, due to or claimed or alleged to be due to negligent or
wrongful acts, errors, or omissions of "user" or any other person under its
control, including but not limited to liability arising from injury or death to
members of the public using the property described in the subsequent
easement.
4. The construction of additional pipelines beyond those presently planned and
approved or the enlargement of the existing or planned pipelines shall be
considered an expansion of capacity. Prior to the Grantee's use of the easements
described in Exhibit One to expand capacity the Grantee shall submit plans or
other appropriate documentation to the Grantor for approval. Approval shall be
limited to a determination of interference of a permanent nature with the Grantor's
use of the property as described in Exhibit One. The approval by the Grantor shall
not be unreasonably withheld. The Grantor shall provide comments to the Grantee
in writing within thirty (30) calendar days if Grantor believes said expansion
unreasonably interferes with the Grantor's use of the property described in Exhibit
One as provided herein.
5. In the event either the Grantor or the Grantee undertake construction or any variety
of excavation within the easements described in Exhibit One or immediately
adjacent thereto, said party shall provide reasonable written notice to the other
party and give said second party thirty (30) calendar days to review whether the
proposed construction or excavation may impact their facilities or operations,
excepting emergency repairs in which case the Grantee will notify the Grantor as
soon as possible.
6. The Grantor is considering among other things, the possibility of developing a
transit use such as an exclusive busway or fixed guideway system which may
require the Grantor's use of certain portions of the real property within the areas
described in Exhibit One as the "Surface Access Easement" and "Sub-Surface
Facility Easement." The Grantor retains the right to the reasonable use of all of the
real property described in Exhibit One as long as the use is compatible with the
Grantee's easement rights as set forth herein.
Compatible surface uses by the Grantor of the "Surface Access Easement" shall
include, but not be limited to, landscaping, fences, noise or retaining walls which
will not threaten nor interfere with the viability or use of the sewer pipelines and
2
related facilities, surface parking, trails, roads, streets, other utility facilities
specifically provided for elsewhere in this Grant of Easement, or other paved
surfaces for an exclusive transitway. It is the intent of the Grantor not to locate the
foundation of a permanent wall within twelve (12) feet, and under no circumstance
closer than ten (10) feet, of the center line of the "Sub-Surface Facility Easement"
as described in Exhibit One. A wall which has the ability to be readily removed
and replaced is a compatible use within the ten-foot limit.
Compatible uses shall also include the placement of transit station facilities such
as loading platforms (of a minimal nature) and canopies or the placement of rails
at crossovers and transitions over the "Sub-Surface Facility Easement" as
described in Exhibit One, as long as reasonable efforts are extended to minimize
such overlay. The Grantor agrees that in no event shall the rails for such a system
be located over the Grantee's pipeline for more than 300 uninterrupted feet.
Uses which are not compatible shall include, but not be limited to, buildings with
foundations, multi-leveled parking facilities, embankments or other permanent
structures with foundations which would prevent reasonable access for
maintenance and repair of the sanitary sewer facilities.
7. The Grantee proposes to construct, alter, repair, replace, maintain, and operate
future and existing sewer pipelines within the easements described in Exhibit One.
Special protective measures may be required for the Grantee's sewer pipelines.
The Grantee shall determine and provide the necessary protective measures at the
sole cost and expense of the Grantee.
In the event the Grantor's overlay of the transit system on the Grantee's "Sub-
Surface Facility Easement" requires the relocation or reconstruction of the
Grantee's pipeline, laterals, or other facilities, the Grantee shall be responsible for
all costs associated with the relocation or reconstruction. The Grantee shall act
as the lead agency in the relocation or reconstruction of the Grantee's sewer
facilities. Grantor shall attempt to avoid the necessity of such relocation or
reconstruction.
The Grantee shall indemnify and hold the Grantor harmless to the maximum extent
allowed by the law, from any and all claims, costs, and liability for any damages
to the Grantee's pipeline, and consequential damage resulting therefrom, due to
the Grantor's use of the subject property or adjacent property, including but not
limited to the construction or operation of a transit system, to the extent that said
damage to pipeline was due or claimed or alleged to be due to the negligence or
wrongful acts, errors or omissions of the Grantee, including but not limited to
Grantee's failure to design, construct, replace, repair, alter, operate or maintain
said pipeline with the necessary protective measures consistent with the surface
uses and construction of the facilities associated therewith as set forth in
Paragraphs 6 and 7 of this Grant of Easement. This hold harmless condition
specifically shall not apply to the extent that the damage to the pipeline or
consequential damage therefrom results from the negligence of the Grantor or its
contractor or any agent thereof, or from incompatible uses described in Paragraph
6 of this Grant of Easement. In the event that damage to the Grantee's pipeline
occurs due to the joint negligence of the Grantor or its contractor or any agent
thereof and the Grantee, each party shall be responsible for said portion of the
damages in direct relation to its share of actual fault.
8. If the Grantee performs any work within the limits of the real property described
in Exhibit One, the Grantee shall restore the surface of the ground as soon as is
reasonably possible, as near as possible to its condition prior to the
commencement of the work at the Grantee's sole cost and expense.
3
9. If the Grantee proposes to do work of a non-emergency nature which may
interfere with the Grantor's use of the property, including the operation of the
transit system, the Grantee agrees that, prior to start of that work, the Grantor and
the Grantee shall enter into an agreement providing a work plan and schedule
which minimizes the effect of the work on the Grantor's use. The parties shall act
in an expeditious manner to reach an agreement, and shall not unreasonably delay
the Grantee from accomplishing said non-emergency work.
In the event that either party identifies an emergency situation, said party shall
notify the second party immediately of said emergency situation. Emergency shall
be defined as a situation which causes discontinuation of the operation of the
Grantee's pipelines or of the Grantor's use, or a situation which presents an
immediate threat to the operation of the Grantee's pipeline or the Grantor's use.
An emergency shall additionally include any rupture, leakage or other damage to
the sewer system which creates a present or an immediate threat of creating a
health hazard or dangerous sanitation condition and where the hazard or
dangerous condition cannot be corrected by immediate measures not affecting
operations of the transit system thereby allowing for the permanent corrective
measures on a non-emergency basis.
In the event of an emergency situation, the Grantee shall not be responsible for
any loss of transit revenue or other damages to the Grantor resulting from the
inconvenience or interruption of service on the Grantor's transit system, so long
as the Grantee makes every reasonable effort to immediately alleviate the cause
of the emergency situation in a manner which minimizes the impact on the
Grantor's use.
10. The Grantor and the Grantee shall require all contractors or contractors assigns
who shall undertake construction on any portion of the real property described in
Exhibit One to list the other party as an additional insured on the contractor's
project policy and further require the contractor to indemnify both parties in a like
manner.
11. The description of the easements contained herein are based on the best available
information. When a more precise location of either existing or proposed pipelines
has been determined by either field surveying or detailed engineering data, the
Grantor and the Grantee shall affect an adjustment (increase and/or decrease) to
the easements provided for herein in order to produce the final easement as
intended by this conveyance.
12. The Grantee shall defend, indemnify, save, and hold harmless the Grantor and its
officers and employees from any and all claims, costs, and liability for any
damages, injury, or death arising from or connected with the Grantee's presence
in, on, or about the property described in Exhibit One or the performance of this
Grant of Easement, including but not limited to the design, construction, repair,
replacement, alteration, operation, and maintenance of all sewer facilities currently
within or which may be constructed within the easements described in Exhibit One,
due to or claimed or alleged to be due to negligent or wrongful acts, errors, or
omissions of the Grantee or any person under its control, including but not limited
to liability arising from injury or death to members of the public using the property
described in Exhibit One and any immediately adjacent real property owned by the
Grantor, and shall make good to and reimburse the Grantor for any expenditures,
including reasonable attorney's fees, the Grantor may make by reason of such
matters. The Grantee further agrees that the Grantee shall be responsible for any
and all damages arising out of inverse condemnation concerning all Grantee's
activities occurring within the easements described in Exhibit One solely to the
extent of the share of the damages proved corresponding to the Grantee's actual
portion of the overall fault.
4
STATE OF CALIFORNIA )
COUNTY OF CONTRA COSTA )
On /& / S y before me,
Phil Batc lor, Clerk of the Board of
Supervisors and County Administrator, Contra
Costa County. persQW11y c peared
who is pe ovally k own to a (or proved to
me on the basis of satisfactory evidence) to be
the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to
me that he/she/they executed the same in his/-
her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
1
By:
Deputy erk
AK.la
The Grantor shall defend, indemnify, save, and hold harmless the Grantee and its
officers and employees from any and all claims, costs, and liability for any
damages, injury, or death arising from or connected with the performance of this
Grant of Easement and the design, construction, operation, and maintenance of
all surface and subsurface use facilities, solely or jointly owned or controlled by the
Grantor, including the existing condition as well as the future maintenance of the
surface of the real properties described in Exhibit One and any immediately
adjacent real property owned by the Grantor, due to or claimed or alleged to be
due to negligent or wrongful acts, errors, or omissions of the Grantor or any
person under its control, including but not limited to liability arising from injury or
death to members of the public using its real property, and shall make good to
reimburse the Grantee for any expenditures, including reasonable attorney's fees,
the Grantee may make by reason of such matters. The Grantor further agrees that
the Grantor shall save and hold the Grantee harmless from any and all damages
arising out of inverse condemnation concerning all the Grantor's activities
occurring within the real property described in Exhibit One and any immediately
adjacent real property 'owned by the Grantor to the extent of the share of the
damages proved corresponding to the Grantor's portion of the overall fault.
13. This Grant of Easement shall inure to the benefit and shall be binding upon the
heirs, executors, administrators, successors and assigns of the respective parties
hereto.
CONT4Chair, toard
OUNTY CENTRAL CONTRA COSTA
SANITARY DISTRICT
By: By:
of Sup isors President of the Board of Directors
Central Contra Costa Sanitary District,
County of Contra Costa,
State of California
Attest: Phil Batchelor, Clerk of Countersigned:
the Board of Supervisors
and County Administrator
Secretary of the Central Contra '
Costa Sanitary District
By: ` County of Contra Costa,
Deputy State of California
Approved as to Form: Approved as to Form:
Counsel District Counsel
NW:glo
c:cccsdge2.t2
February 22, 1994
5
Exhibit One REVISION 3
3\29\94
15 ' SURFACE ESMT COUNTY TO CSAN
THE HEREIN DESCRIBED LAND IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF CONTRA COSTA, CITY OF WALNUT CREEK, A PORTION OF THE
RANCHO SAN MIGUEL, AND IS DESCRIBED AS FOLLOWS:
BEING A PORTION OF THOSE LANDS CONVEYED BY SOUTHERN PACIFIC
TRANSPORTA'T'ION COMPANY TO CONTRA COSTA COUNTY ON DECEMBER 9 , 1985 ,
RECORDED IN BOOB 12652 OF OFFICIAL RECORDS OF CONTRA COSTA COUNTY,
PAGE 570 .
COMMENCING AT A STANDARD CITY OF WALNUT CREEIi MONUMENT IN THE
CENTERLINE OF SOUTH BROADWAY AS SHOWN ON A PARCEL MAP FILED IN BOOK
28 OF PARCEL MAPS AT PAGE 18 ; THENCE SOUTH 24°45113" EAST 1125 . 34
FEET TO A STANDARD CI'T'Y OF WALNUT CREEK MONUMENT AS SHOWN ON SAID
PARCEL MAP; THENCE SOUTH 40°17134" EAST 278 . 79 FEET TO THE EASTERLY
LINE OF SAID LANDS CONVEYED TO CONTRA COSTA COUNTY ( 12652 OR 570 ) ,
THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, THE BEGINNING OF
A NON-TANGENT CURVE CONCAVE TO THE WEST RAVING A RADIUS OF 915 .00
FEET, A RADIAL LINE BEARS SOU'TTi 82°19102" WEST; THENCE SOUTHERLY
ALONG SAID CURVE TI(ROUGH A CENTRAL ANGLE OF 1°02117" A DISTANCE OF
16 . 58 FEET TO THE BEGINNING OF A NON-TANGENT LINE , A RADIAL LINE
BEARS SOUTH 8321 ' 19" WEST ; THENCE ALONG SAID LINE SOUTH 57038132"
1 of 9
WEST 5 . 25 FEET; THENCE SOUTH 0'37 ' 16" EAST 119 . 65 FEET TO THE
BEGINNING OF A 'TANGENT CURVE CONCAVE TO THE NEST HAVING A RADIUS OF
1015 .00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 4"24 ' 06" A DIS'T'ANCE OF 77 . 98 FEET, A RADIAL LINE BEARS
NORTH 86°13 ' 10" WEST; THENCE TANGENT TO SAID CURVE, SOUTH 3046 ' 50"
NEST 79 . 57 FEET TO THE EASTERLY LINE OF SAID CONTRA COSTA COUNTY
LANDS ( 1'2652 OR 570 ) , THE BEGINNING OF A NON TANGENT CURVE CONCAVE
'1'O THE WEST HAVING A RADIUS OF 915 .00 FEET, A RADIAL LINE BEARS
NORTH 79'02 ' 38" WEST; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 1'48 ' 13" A DISTANCE OF 28. 80 FEET; THENCE
CONTINUING ALONG SAID CONTRA COSTA COUNTY LANDS , SOUTH 13°30 ' 46"
EAST 13 . 64 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO
THE EAST HAVING A RADIUS OF 435 . 00 FEET, A RADIAL LINE BEARS SOUTH
86'34 ' 22" EAST; THENCE SOU'T'HERLY ALONG SAID CURVE THROUGH A CENTRAL
ANGLE OF 17'00 ' 10" A DISTANCE OF 129 . 09 FEET; THENCE TANGENT TO
SAID CURVE, SOUTH 13'34 ' 32" EAST 325 . 55 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 2905 .00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
9'30 ' ,10" A DISTANCE OF 482 . 22 FEET TO THE BEGINNING OF A TANGENT
LINE; THENCE ALONG SAID TANGENT LINE, SOUTH 23'05 ' 12" EAST 91 . 13
FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE EAST HAVING
A RADIUS OF 3625 . 00 FEET; THENCE SOU'T'HERLY ALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 9030 ' 16" A DIS'T'ANCE OF 601 . 33 FEET TO THE
BEGINNING OF A TANGENT LINE; THENCE ALONG SAID LINE, SOUTH
3'2°35' 28" L'AS'T 813 . 10 FEET; 'TIIENCE NORTH 57026 ' 14" EAST 16 . 31 FEET
TO 'TIIE EASTERLY LINE OF SAID LANDS OF CONTRA COSTA COUNTY ; THENCE
ALONG SAID EASTERLY LINE, SOl7TH 32'33 ' ,16" EAST 20 . 00 FEET; THENCE
2 of 9
LEAVING SAIL) LINE, SOUTH 57026 ' 14" WEST 31 . 30 FEET; THENCE NORTH
32'35 "28" WEST 833 . 09 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST }LAVING A RADIUS OF 3640 . 00 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9030 ' 16" A
DISTANCE OF 603 . 82 FEET; 'THENCE TANGENT TO SAID CURVE NORTH
23005 ' 12" WEST 91 . 13 FEET TO THE BEGINNING OF A TANGENT CURVE
UUNCAVE TO THE EAST HAVING A RADIUS OF 2920 . 00 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 9°30' 40" A
DISTANCE OF 484 . 71 FEET; THENCE TANGENT TO SAID CURVE, NORTH
13°34 ' 32" WEST 325 . 55 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 450 . 00 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°21 ' 22" A
DISTANCE OF 136 . 32 FELT; THENCE TANGENT TO SAID CURVE, NORTIi
3°46 ' 50" EAST 118 . 43 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE WEST HAVING A RADIUS OF 1000 . 00 FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 4°24 ' 06" A
DISTANCE OF 76 . 82 FEET; THENCE TANGENT TO SAID CURVE, NORTH
0'37 ' 16" WEST 128 . 01 FEET; THENCE NORTH 57038 ' 32" EAST 20 . 66 FEET
TO THE TRUE POINT OF BEGINNING.
LAND S
40711 �J
1 a
EXp. x /30/9''
,n
3 of 9
10' SUBSURFACE EASEMENT COUNTY 10'� SSE
TO CSAN REVISION 5
3/29/94
THE HEREIN DESCRIBED PARCELS OF LAND ARE SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF CONTRA COSTA , CITY OF WALNUT CREEK, BEING A
PORTION OF THE RANCHO SAN MIGUEL, AND ARE DESCRIBED AS FOLLOWS :
PORTIONS OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM SOUTHERN
PACIFIC TRANSPORTATION COMPANY TO CONTRA COSTA COUNTY RECORDED
DECEMBER 9 , 1985 , IN BOOK 12652 OF OFFICIAL RECORDS OF CONTRA COSTA
COUNTY , PAGE 570, DESCRIBED IN THE FOLLOWING PARCELS :
PARCEL A
COMMENCING AT THE MOST NORTHERN STANDARD CITY OF WALNUT CREEK
MONUME'N'T' IN THE CEN'T'ERLINE OF SOUTH BROADWAY AS SHOWN ON THE PARCEL
MAP FILED MAY 30 , 1973 IN BOOB 28 OF PARCEL MAPS AT PAGE 18 , CONTRA
COSTA COUNTY RECORDS ; THENCE ALONG SAID CENTERLINE SOUTH 24045 ' 13"
EAST 1125 . 34 FEET TO A SECOND STANDARD CITY OF WALNUT CREEK
MONUMENT AS SHOWN ON SAID PARCEL MAP; THENCE SOUTH 40017 ' 34 " EAST
278 . 79 FEET TO THE EASTERLY LINE OF SAID CONTRA COSTA COUNTY PARCEL
( 12652 OR 570 ) , ALSO BEING AT THE 'TRUE POINT OF BEGINNING OF TIIIS
DESCRIPTION, THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
WEST HAVING A RADIUS OF 915 .U0 FEET, A RADIAL LINE OF SAID CURVE TO
4 of 9
SAID P01NT OF BEGINNING BEARS NORTH 82019 ' 02" EAST; THENCE
SOUTHERLY ALONG SAID CURVE, BEING ALONG SAID EASTERLY LINE, THROUGH
A CENTRAL ANGLE OF 1°0'2 ' 17" A DISTANCE OF 16 . 58 FEET TO THE
BEGINNING OF A NON-TANGENT LINE, A RADIAL LINE OF SAID CURVE TO
SAID POINT BEARS NORTH 83°21 ' 19" EAST: THENCE ALONG SAID LINE SOUTH
57°38 ' 32" WEST 17 .01 FEET TO A POINT HEREIN DESCRIBED AS POINT "A" ,
SAID POINT "A" BEING 99 . 52 FELT EASTERLY (RIGHT ANGLE MEASURE) OF
THE DESIGN CENTERLINE AT S'T'ATION 629+72 . 35 , AS SAID CENTERLINE IS
SHOWN ON THE 199'2 RIGHT OF WAY MAP FOR SOUTH BROADWAY EXTENSION
PROJECT, NEWELL AVENUE TO RUDGEAR ROAD, CONTRACT NUMBER 88-6 ON
FILE AT THE CITY OF WALNUT CREEK COMMUNITY DEVELOPMENT DEPARTMENT;
THENCE FROM SAID POINT "A" SOUTH 57 "38 ' 32" WEST 5 . 88 FEET; THENCE
NOR'T'H 0" 37 ' 16" WEST 17 .64 FEET: 'THENCE NORTH 57 °38 ' 32" EAST 20. 66
FEET TO THE TRUE POINT OF BEGINNING.
PARCEL B
A S'T'RIP OF LAND 10 .00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS
DESCRIBED AS FOLLOWS :
BEGINNING AT POINT "A" AS MEN'T'IONED IN PARCEL A DESCRIBED ABOVE ;
THENCE SOUTH 0°37 ' 16" EAST 113 . 47 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 1005 .00 FEET;
THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
4024 ' O6" A DISTANCE' OF 77 . 21 FEE'T'; THENCE TANGENT TO SAID CURVE ,
SOL?'TIT 3'46 ' 50" Iti'ES'C 118 . 43 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 445 . 00 FEET; THENCE
5 of 9
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 17°21 ' 22" A
DISTANCE OF 134 . 80 FEET; THENCE TANGENT TO SAID CURVE, SOUTH
13034 ' 32" EAS'C 325 . 55 FEET' TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 2915 .00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE TllROUGII A CENTRAL ANGLE OF 11,37 , 47" ' A
DIS'T'ANCE OF 82 . 92 FEET TO A POINT HEREIN DESCRIBED AS POINT "B" ,
SAID POINT "B" BEING 22 . 28 FEET EASTERLY (RIGHT ANGLE MEASURE ) OF
SAID DESIGN CENTERLINE AT STATION 638+24 . 82 , A RADIAL LINE OF SAID
CURVE TO SAID P'OIN'T BEARS SOUT'11 74 " 47140" WEST; THENCE CONTINUING
SOUTHERLY ALONG SAID CURVE HAVING A RADIUS OF 2915. 00 FEET THROUGH
A CENTRAL ANGLE OF 6 °43 ' 56" A DISTANCE OF 342 . 51 FEET TO A POINT
HEREIIN DESCRIBED AS POINT "C" , SAID POINT "C" BEING 22 . 25 FEET
EASTERLY (RIGHT ANGLE MEASURE ) OF SAID DESIGN CENTERLINE AT STATION
641+70 . 02 , A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH
68°03145" WEST; THENCE CONTINUING SOUTHERLY ALONG SAID CURVE HAVING
A RADIUS OF 2915 . 00 FEET THROUGH A CENTRAL ANGLE OF 1"08 ' 57" A
DISTANCE OF 58 . 46 FEET; T'1-IENCE TANGENT TO SAID CURVE, SOUTH
23°05112" EAST 91 . 13 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE TO THE EAST HAVING A RADIUS OF 3635.00 FEET; THENCE
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 7 ° 39 ' 38" A
DIS'T'ANCE OF 486 . 00 FEET TO A POINT HEREIN DESCRIBED AS POINT "D" ,
SAID POINT "ll" BEING 22 . 21 FEET EASTERLY (RIGHT ANGLE MEASURE ) OF
SAID DESIGN CEN'T'ERLINE AT ST'AT'ION 648+09 .00 , A RADIAL LINE OF SAID
CUIZVL TO SAID POINT BEARS S0U'fll 59° 15 ' 10" WEST; THENCE CONTINUING
SOUTHERLY ALONG SAID CURVE HAVING A RADIUS OF 3635 .00 FEET THROUGH
A CENTRAL ANGLE OF 1 '50 ' 38" A DIS'T'ANCE OF 116 . 99 FEET; THENCE
6 of 9
TANGENT TO SAID CURVE, SOUTIi 32°35 ' '28" EAST 213 .09 FEET TO A POINT
HEREIN DESCRIBED AS POINT "E" , SAID POINT "E" BEING 22.20 FEET
EAS'T'ERLY ( RIGHT ANGLE MEASURE ) OF SAID DESIGN CENTERLINE AT STATION
651+39 . 78 : THENCE CONTINUING SOUTH 32'35128" EAST 600.01 FEET TO A
POINT HEREIN DESCRIBED AS POINT "F" , SAID POINT "F" BEING 22 . 20
FEET EASTERLY (RIGHT ANGLE MEASURE ) OF SAID DESIGN CENTERLINE AT
STATION 657+39 . 79 , SAID POINT "F" BEING THE SOUTHERLY TERMINUS OF
THE CENTERLINE OF THE HEREIN DESCRIBED PARCEL B.
PARCEL C
A S'T'RIP OF LAND 10. 00 FEET IN WIDTH, THE CENTERLINE OF WHICH IS
DESCRIBED AS FOLLOWS : .
BEGINNING AT POINT "B" AS MENTIONED IN PARCEL B DESCRIBED ABOVE;
THENCE NORTH 88* 12 ' 11" EAST 31 . 39 FEET TO THE NORTHWEST CORNER OF
LOT 18 , MAP OF EL ENCINO SUBDIVISION UNIT NO. 2 , FILED MARCH 5 ,
1997 IN MAP BOOB 32 , PAGE 99 , CONTRA COSTA COUNTY RECORDS , SAID
CORNER BEING ON THE EASTERLY LINE OF SAID CONTRA COSTA COUNTY
PARCEL ( 12652 OR 570 ) , BEING THE TERMINUS OF THE CENTERLINE OF THE
HEREIN DESCRIBED PARCEL "C" .
PARCEL D
A STRIP OF LAND 10 .00 FEET IN WIDTH, THE CENTERLINE OF WHICIT IS
DESCRIBI71D AS FOLLOWS :
7of9
BEGINNING AT POINT "C" AS MENTIONED IN PARCEL B DESCRIBED ABOVE;
THENCE NORTH 69° 13 ' 49" EAST 29 . 35 FEET TO THE EASTERLY LINE OF SAID
CON'T'RA COS'T'A COUNTY PARCEL ( 12652 OR 570 ) , BEING SOU'T'HERLY ALONG
SAID EASTERLY LINE: , ALONG THE ARC OF A CURVE CONCAVE TO THE
NORTHEAST HAVING A RADIUS OF 3 , 769 . 75 FEET THROUGH A CENTRAL ANGLE
OF 0"30' 30" AN ARC; DISTANCE OF 33 . 45 FEET FROM THE NORTHWEST CORNER
OF LOT 10 , MAP OF SAN MIGUEL TERRACE, FILED APRIL 7 , 1948 , MAP BOOK
34 , PAGE 40 , CONTRA COSTA COUN'T'Y RECORDS , BEING THE TERMINUS OF THE
CENTERLINE OF TEII? IIEREIN DESCRIBED PARCEL "D" .
PARCEL E
A STRIP OF LAND 10 . 00 FLEET IN WIDTH, THE CENTERLINE OF WHICH IS
DESCRIBED AS FOLLOWS :
BEGINNING AT POINT "D" AS MENTIONED IN PARCEL B DESCRIBED ABOVE;
THENCE NORTH 64 °56 ' 5=T " EAST 27 . 39 FEET TO THE NORTHWEST CORNER OF
LOT 15 , MAP OF SAN MIGUEL TERRACE, FILED APRIL 7 , 1948 , MAP BOOK
34 , PAGE 40 , CONTRA COSTA COUNTY RECORDS , SAID CORNER BEING ON THE
EASTERLY LINE OF SAID CONTRA COSTA COUNTY PARCEL ( 1'265'2 OR 570 ) ,
BEING THE TERMINUS OF THE CEN'T'ERLINE OF THE HEREIN DESCRIBED PARCEL
E.
PARCEL F
A STRIP OF LAND 1.0 . 00 FEET IN WIDTH, THE CENTERLINE OF WIIICII IS
DESCRIBED AS FOLLOWS :
8 of 9
BEGINNING AT POINT "E" AS MENTIONED IN PARCEL B DESCRIBED ABOVE;
THENCE NORTH 63' 14 ' 36" EAST 26 . 74 FEET TO A POINT ON THE EASTERLY
LINE OF SAID CONTRA COSTA COUNTY PARCEL ( 12652 OR 570 ) , FROM WHICH
POINT THE SOUTHWEST CORNER OF LOT 8 , AS SAID LOT IS SHOWN ON THE
MAP OF SUBDIVISION 7097 , FILED JANUARY 23 , 1990 IN BOOL{ 341 OF
MAPS , AT PAGES 26 AND 27 , CONTRA COSTA COUNTY RECORDS BEARS SOUTH
32"33 ' 46" EAST 5 . 32 FEET, BEING THE TERMINUS OF THE CENTERLINE OF
THE HERIN DESCRIBED PARCEL F.
PARCEL G
BEGINNING AT POINT "F" AS DESCRIBED IN PARCEL B ABOVE; THENCE
NORTH 57 °26 ' 14" EAST 26 . 31 FEET TO THE NORTHEASTERLY LINE OF SAID
CONTRA COSTA COUNTY PARCEL ( 12652 OR 570 ) , ALSO BEING THE
SOUTHWESTERLY LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO
JOHN PATTERSON ET UX, RECORDED OCTOBER 4 , 1982 IN BOOI{ 10957 OF
OFFICIAL RECORDS OF CONTRA COSTA COUNTY", PAGE 932 ; THENCE SOUTH
32"33 ' 46" EAST 20 . 00 FEET ALONG SAID NORTHEASTERLY LINE TO THE MOST
SOUTHERLY CORNER OF SAID PATTERSON PARCEL; THENCE SOUTH 57 "26114"
WEST 31 . 30 DEET; THENCE NORTH 32' 35128" FEST 20 .00 FEET; THENCE
NORTI( 57 "26 ' 14" EAST 5 .00 FEET TO POINT "F" , THE POINT OF
BEGINNING.
O LAND SCS
40,71
1 p. n n
9 of 9