HomeMy WebLinkAboutMINUTES - 05071996 - D.15 D. 15
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BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 7.,.19% by the following vote:
AYES: Supervisors Rogers, Bishop, Torlakson and DeSaulnier
NOES: None
ABSENT: Supervisor Smith
ABSTAIN: None
SUBJECT: Hearing on the Administrative Appeal of Charles M.
Koss, et al, Regarding the Issuance of a Grading Permit
for Subdivision 7462, Black Oak Estates, Diablo Area.
On April 23 , 1996, the Board of Supervisors continued to
this date the hearing on the Administrative Appeal of Charles M.
Koss, et al, regarding the issuance of a grading permit for
Subdivision 7462, Diablo area.
IT IS BY THE BOARD ORDERED that the hearing on the
administrative appeal of Charles M. Koss, et al, regarding the
issuance of a grading-permit for Subdivision 7462, Diablo area,
is CONTINUED to May 14 , 1996, at 2 P.M. in the Board chambers .
I hereby certify that this Is a true and correct copy of
an action taken and entered on the minutes of vv.),
Board of Supervisors on the date shown,
ATTESTED:
PHIL BATH OR, lark of the Board
upervi=Deputy
+30-;I
By
CC : Community Development
County Counsel
Charles M. Koss, et al
GMEDA
To: Mr. Dennis Berry From: MIKE BEDKER 5-6-96 1:48pm P. Z of Z
May 8, 1996
'zRECEIVED
Mr. Dennis Berry
Community Development Department. '^
Admin. Bldg. 4th Floor North *AY 7 1996
651 Pine Street.
Martinez, CA 94553 CLERK BOARD of/�S EKv;S,,
CONTRA C STR CU
RE: Subdivision 7462
( Black Oak Estates)
Dear: Mr. Berry
Pursuant to our telephone conversation this morning May 8, 1996. Please accept this letter as your authorization
to continue the Board of Supervisors hearing schedule for May 9, 1996 for a period of one week.
If there are questions please call.
Sincerely
Land Based R&D Corp.
Michael E. Bedker
President
MAY-06-1996 16: 19 LAW OFFICES/LEAH WEINGER 510 933 5720 P.02
UU
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I
i
May 6, 1996
P.O. BOX 792
Diablo, CA 94528
( 510) 837-6092
I
VIA TELECOPY ( 510) 646-1059
i
Attn: Jean Maglio
Clerk, Board of Supervisors
i Contra Costa County
651 Pine Street
Martinez, CA 94553-1293
i Re: Appeal of Grading Permit - Black Oak Estates
I
Dear Board of Supervisors:
j Appellants, Charles Koss, Amara Koss, Robert Weinger
and Leah Weinger hereby request a one week (only) continuance of
the hearing presently scheduled for Tuesday, May 7, 1996 at 4:00
p.m. to Tuesday, May 14, 1996 with respect to the appeal of the
grading permit for Black Oak Estates. Appellants prefer a
hearing time of 4:00 p.m. , if possible. We have so notified the
offices of Dennis Berry, Bob Drake and Gail Bishop.
i
Sincerely yours,
i
i LEAH R. VMNQM
i Leah R. Weinger
i
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LRV:ltr
/may 6. 199
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1 ��u N; �C J.2��0 Nk1JT'
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MILLER 1331 NORTH CALIFORNIA BLVD.
STARR& SUITE 700
WALNUT CREEK
REGALIA TELEPHONE
OFFICE
CALIFORNIA 94596 TELEPHONE (510) 465-3800
A PROFESSIONAL FACSIMILE (510) 933-4126 SACRAMENTO OFFICE
LAW CORPORATION TELEPHONE (510) 935-9400 TELEPHONE (916) 443-6700
RICHARD G.CARLSTON
May 3, 1996 : RECEIVED
INN 6 1996
Clerk of the Board of Supervisorsa
Contra Costa County
County Administration Building CU
KCON]KACOSHCO�SORS
651 Pine Street
Martinez, CA 94553
Re: Appeal by Charles A. Koss, et al. , of Issuance of
Grading Permit No. G206677 for Subdivision 7462 ,
Black Oak Estates.
Hearing: May 8, 1996
Dear Members of the Contra Costa County Board of Supervisors:
As you know, Miller, Starr & Regalia represents Black
Oak Estates and Land Based Research & Development ("Black Oak
Estates") , the developer involved with this appeal. Black Oak
Estates has received Vesting Tentative Map No. 7462 applicable to
the development of a 36-unit subdivision.
Preliminarily, we wish to express our gratitude to the
Board of Supervisors for the careful consideration which it has
given to the appeal now pending before it. We recognize that
most projects elicit opposition from one or more neighboring
property owners. Indeed, because such opposition is so common,
the term "NIMBY" is now in widespread use. The Black Oak Estates
project has engendered opposition from three' sets of neighbors.
Two of these neighbors have filed the pending appeal from the
issuance of the grading permit.
' The neighbors who have filed the appeal from the
issuance of the grading permit and who continue to voice
opposition focused on access issues are the Weingers and the
Kosses. A third set of neighbors, the Sieberts, has also elected
to speak at the hearings to date.
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Clerk of the Board of Supervisors
May 3 , 1996
Page 2
We express our concern, however, that the Board
recognize the legal constraints within which it must operate in
considering the appeal. During the course of the past two
hearings, and in correspondence submitted to the Board by the
complaining neighbors, the complaining neighbors have frequently
sought to have the Board act beyond those legal constraints. The
Board has been asked to consider matters as to which it has no
jurisdiction. The Board has been told that problems exist which,
on review, do not, and have not existed. Incorrect legal
argument, without proper support or citation, has been presented
to the Board in the guise of controlling law. All of this has
been done to induce the Board to act in excess of its legal
ability in an attempt by the complaining neighbors to stop a
project which has already been approved and which has copiously
followed the proper procedures.
Perhaps the clearest indication of the improper, tactics
of complaining neighbors can be seen through their attacks on
County Counsel. At the past two hearings, the complaining
neighbors have challenged Mr. Westman as being in conspiracy with
Black Oak Estates. The sole basis for this challenge is because
Mr. Westman has advised the Board of the legal restraints under
which it must act and recommended that it act within these
restraints. Because he continues to provide his experienced
legal advice, he is subjected to insupportable challenges by the
complaining neighbors.
1. Scope of the Appeal.
The appeal filed by the neighbors is set forth in a
letter dated March 5, 1996. The Board has already been provided
a copy of that letter in the Staff Recommendation submitted by
Mr. Franklin Lew to the Board on April 11, 1996. The formal
basis for the appeal, as reflected in that letter, is:
The undersigned believe that the issuance of
a grading permit, which permits the grading
of a 45 acre parcel in preparation of a 36-
unit development is premature in that the
applicant has not established that it has
legal access to the parcel as required by
Condition 36.L. The undersigned further
believe that other conditions of approval of
the subdivision have not been satisfied and
remain at issue.
c
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Clerk of the Board of Supervisors
May 3 , 1996
Page 3
The thrust of the argument is that Condition of Approval 36.L of
the vesting tentative map has not been satisfied. Of course,
that condition is a condition of approval for the final map.2
It is not a condition of approval necessary for the issuance of
the grading permit.3 Much of the first hearing was taken up on
the question of whether the issuance of the grading permit, in
advance of the approval of the final map, was proper.
As you know, on behalf of Black Oak Estates, we advised
the Board that the County was required to issue the grading
permit when the conditions to the permit were satisfied even
though the final map has not been submitted or approved. Indeed,
the County has a long tradition, consistent with State law, of
issuing grading permits before the final maps are approved. This
was also noted in the Staff Recommendation which states:
2 Condition 36. 1 states in relevant part: "Furnish legal
proof to the satisfaction of the County Counsel as well as Public
Works Department, Engineering Services Division, that legal
access to the property is available from Diablo Road. Said proof
shall not consist of opinion letters from experts retained by the
applicant. "
3 A review of the text of conditions of approval of the
Vesting Tentative Map, reveals that all of the 100-plus
conditions of approval are conditions which must be completed by
Black Oak Estates in order to obtain approval from the Board of
Supervisors to file and record the final map for the project.
Only a few of the conditions are also conditions to the issuance
of the Grading Permit. (Government Code SS 66473 , 66474 . 1;
Soderlina v. City of Santa Monica (1983) 142 Cal.App. 3d 501, 505,
509; See, Condition 4 on p. 5 or Condition 8 on p. 8) . Condition
36.L is not a condition for the issuance of the Grading Permit.
County Staff concurs. In the Staff Recommendation, Mr. Lew
states:
That entitlement did not prevent the
applicant from qualifying for a grading
permit before the final map is approved by
the Board of Supervisors.
Staff, in its report, recognizes that this is not a condition of
the grading permit.
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Clerk of the Board of Supervisors
May 3 , 1996
Page 4
Where an applicant can demonstrate compliance
with entitlements and applicable laws and
ordinances, the County has traditionally
allowed grading for subdivision projects to
proceed in advance of the approval of the
final map by the Board of Supervisors.
Accordingly, the issuance of the grading permit was, and is,
consistent with the practices of the County.4 Indeed, the
County Grading Ordinance specifically recognizes the existence
and validity of this practice. See, Ord. § 716-4 . 202 (d) .
Granting the appeal on that alleged basis would be discriminatory
against Black Oak Estates.
During the course of the deliberations, County Counsel
was consulted by members of the Board. Mr. Westman was clear in
his remarks as to the existence of the traditional practice and
as to the fact that the issuance of the grading permit was
consistent with the practice. Indeed, he also advised the Board
that it would be discriminatory for the Board to grant the appeal
on that basis.
Mr. Westman also confirmed that, in his opinion, there
was no basis for granting the appeal. Accordingly, he concurred
in the Staff Recommendation that the appeal be denied.
The complaining neighbors elected to shift the focus of
the appeal away from the appeal itself and onto different matters
not properly before the Board. They claimed that Black Oak
Estates was wrongfully permitting improper conduct to be engaged
in by the grading contractor. Because of this alleged improper
conduct, the complaining neighbors sought to have the Board
revoke the grading permit. They claimed that the Board could and
should revoke the grading permit. Of course, it was at the
4 The County may wish to reconsider this long term policy
and practice. Such reconsideration, however, can, consistent
with the rights of Black Oak Estates, be prospective only. It
cannot affect the issuance of the grading permit. Otherwise,
there would be a violation of the rights of Black Oak Estates as
well as the grading contractor in whose name the permit was
issued.
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Clerk of the Board of Supervisors
May 3 , 1996
Page 5
. hearing that Black Oak Estates first learned of these
complaints.' The hearing was subsequently continued.
At the second hearing, we advised the Board concerning
the legal limitations applicable to the appeal. County Counsel
confirmed those constraints. As the Board knows, the only issue
before the Board is the appeal of the grading permit.
2 . Applicable Legal Constraints.
It is important for this Board to be aware of the legal
restraints by which it is bound. Regardless of the personal
views or sympathies which one or more members of the Board may
have, ,the Board, and each of its members, recognizes the
importance of acting within the legal limits of its authority.
Those limits are legally defined. They are not subject to the
whims or wistful claims of the complaining neighbors.
. There are several important legal constraints which the
complaining neighbors intentionally choose to ignore or
misrepresent in their hasty and emotional efforts to stop the
project. These principles include:
1. The existence of "legal access" is not to be
decided by this Board. Legal access is a decision delegated to
the Superior Court.
2 . The Board adopted a condition to the vesting
tentative map which delegated to staff the responsibility of
deciding, in their opinion, whether the project has access.
3 . The Board, having delegated the decision regarding
access to staff under a vesting tentative mom, does not have the
legal right to divest such delegated responsibility from the
staff.
4 . The Board does not have the legal power to change
a condition of the vesting tentative map.
5 After learning of the claims, Black Oak Estates
immediately contacted the grading contractor to ensure that it
was acting in conformance with proper practices to avoid further
unneighborly conduct claims.
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105095.1
Clerk of the Board of Supervisors
May 3 , 1996
Page 6
5. The only matter before the Board is an appeal of
the issuance of the grading permit.
6. The Board does not have jurisdiction to revoke or
modify the grading permit based on any post issuance conduct.
That jurisdiction is vested solely in the Building Inspector
under the County Code.
7 . The grading permit cannot be revoked or modified
because the permittee under the grading permit, Top Grade
Construction, has not been noticed of these hearings.
8 . Both Black Oak Estates and Top Grade Construction
have vested rights in the grading permit.
9 . Black Oak Estates does have fee title and access
rights to Mt. Diablo Scenic Blvd.
3 . The Nature of Condition 36.L.
Lost in the barrage of criticism being leveled by the
neighbors is the central rationale for the adoption of the
language of Condition 36.L. This Board, in its earlier
composition, recognized that it does not have the ability or
responsibility for deciding the existence of legal access. The
legal determination of access is an adjudicatory function of the
Superior Court. Such a determination is made by a Judge
experienced in real property law after a thorough presentation of
all evidence under strict evidentiary standards. That is a
uniquely judicial function under the laws of the State of
California. It is not an administrative function.6
Recognizing this separation of responsibilities, and
the more limited role of the administrative body, the
administrative body typically delegates to its legal counsel and
technical staff, the responsibility for legal and technical
opinions. In this case, the predecessor Board so delegated
consideration of the question of access. Accordingly the
6 While many administrative bodies have significant legal
experience and training in the complex areas of real estate law
often involved in legal title issues, not all administrative
bodies do.
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Clerk of the Board of Supervisors
May 3 , 1996
Page 7
condition reads, in relevant part:
Furnish legal proof of access to the
satisfaction of the County Counsel as well as
the Public Works, Engineering Services
Division, that legal access to the property
is available from Diablo Road.
The Board has delegated to both County Counsel and Public Works
the responsibility of deciding, in their respective opinion,
whether they believe there is access. If, in their opinion,
access exists, then the condition is satisfied.'
Of importance to the Board at this junction is the
legal effect of such delegation. While the complaining neighbors
claim that there is little significance to the delegation, they
are wrong. Under California law, the delegation of such
responsibility vests exclusively with the staff the determination
relative to satisfaction of the condition. Once staff renders
its opinion that the condition is satisfied, that decision is
binding on the Board. See, Great Western Say. & Loan Assn. v.
City of Los Angeles (1973) 31 Cal.App. 3d 403 .
The complaining neighbors continually argue that Black
Oak Estates must prove its access through the production of a
recorded easement or through the production of a Court order.
They seek to force Black Oak Estates to prove that "it in fact
possesses legal access. " What the complaining neighbors are
doing, however, with their argument is petitioning the Board to
rewrite the condition. Rather than focusing on the opinion of
County Counsel and Public Works, the complaining neighbors want
something radically different.
' The complaining neighbors would like to have this Board
purport to make this judicial decision, thereby causing this
Board to litigate the question of legal access on their behalf
and at the County's risk. The irony of this desire is that the
legal issues which would be litigated by the County at its risk
would not include the judicial determination of legal access.
That determination can be made only through a quiet title action.
Of course, the complaining neighbors are unwilling to
bring such an action. That, however, is their remedy if they
believe as strongly as they complain that access does not exist.
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Clerk of the Board of Supervisors
May 3 , 1996
Page 8
But, by inviting the Board to change a condition of a
vesting tentative map, they are simply inviting the Board into a
lawsuit which would expose the County to significant liability.
The Board is legally prohibited from changing or reinterpreting
Condition of Approval 36.L to require that Black Oak Estates
demonstrate to the Board that "it in fact possesses legal
access" . An administrative body, like the Board, cannot impose
additional conditions or reinterpret earlier conditions of
approval for a development project after the tentative map has
been approved. Great Western Say. & Loan Assn. v. City of Los
Angeles (1973) 31 C.A. 3d 403 , 408-412 ; Kaufman & Broad Central
Valley, Inc. v. City of Modesto (1994) 25 Cal.App. 4th 1577, 1585-
1591; E1 Patio v. Permanent Rent Control Board (1980) 110
Cal.App.3d 915, 927; Bright Development v. City of Tracy (1993)
20 Cal.App. 4th 783 , 800; Attorney General Opinion No. 80-703 ,
November 7, 1980.
Accordingly, the Board should not be misled into
accepting the clearly erroneous contentions of the complaining
. neighbors. Rather, the Board has a legal responsibility to
conform its conduct to the law.
4 . The Board Cannot Revoke The Grading Permit.
The complaining neighbors have continually petitioned
this Board to revoke the grading permit for conduct after the
issuance of the permit. Perhaps the most notable example has
been the claim that Black Oak Estates cut down too many trees.8
Conspicuously absent from the pleas' of the complaining
neighbors is any reference to the fact that under section 716-
4 . 1430 of the County Grading Ordinance, exclusive and primary
jurisdiction is vested in the Building Inspector. Further, by
express law, the ordinance requires the Building Inspector to
investigate, hold a hearing, make express findings of violation
8 It is our understanding that this contention has been
investigated somewhat by Staff. It is also our understanding
that Staff has confirmed that the removal of the trees has
strictly followed the approved plans for the development. This
"red herring, " like all of the others, was simply a convenient
claim lacking any substance or justification.
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Clerk of the Board of Supervisors
May 3 , 1996
Page 9
of the ordinance before a grading permit can be revoked after
issuance.'
Unless and until an order is issued by the Building
Inspector, based on written findings of violation of one of the
express provisions of the ordinance, a grading permit cannot be
revoked or suspended. Further, until an order of revocation or
suspension is issued, this Board has no legal involvement.
Accordingly, none of the post-issuances claims--if any
remain--are pending before this Board. This legal constraint has
been confirmed for the Board by County Counsel. Further, as
County Counsel has confirmed, the failure of the Board to act
within this legal construction could subject the County to
liability.
Accordingly, the only matter before the Board is the
appeal. The determination of compliance with conditions of the
final map is not before the Board. Satisfaction of condition
36.L is a condition to approval of the final map. It is not a
condition to the issuance of .the grading permit. This has
already been confirmed by the Superior Court in the previous writ
application filed by the complaining neighbors. In that case,
the Superior Court entered judgment in favor of the County and
Black Oak Estates and against the complaining neighbors. Indeed,
the Court awarded costs to Black Oak Estates, costs which the
complaining neighbors have not yet paid.
5. There Is A Defect In Notice.
Another basic legal restraint is the obligation for the
Board to give notice before it acts on a challenge to a grading
permit. This is a basic requirement of due process. The grading
permit in question is issued to Top Grade Construction. If this
Board entertains any challenge to the grading permit, whether
under this appeal or otherwise, Top Grade is required to be
notified so that it can defend the challenge. See, Community
Development v. City of Fort Braga (1988) 204 Cal.App. 3d 1124 ,
1132 .
But, neither the complaining neighbors nor the County
has ever provided notice to Top Grade of this appeal or of any
9 A copy of the ordinance is attached.
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Clerk of the Board of Supervisors
May 3 , 1996
Page 10
challenge to the grading permit. This legal constraint prevents
the Board from granting the appeal or revoking the permit.
6. Vested Rights Exist Under The Grading Permit.
Another legal constraint under which the Board must
operate is the fact that both Black Oak Estates and Top Grade
have a vested right under the grading permit to complete the
grading. 10 Not surprisingly, the complaining neighbors
disagree. In their most recent letter to the Board, they elect
to ignore cases directly on point, electing to try and support
their erroneous legal position through brief citation to
inapplicable cases.
Where the administrative agency has issued a grading
permit and the developer has commenced substantial grading and
incurred substantial liabilities in reliance on the grading
permit, ,the developer has a vested right to complete the grading
in accordance with the permit. Spindler Realty Corp. v. Monning
(1966) 243 Cal.App. 2d 255, 263-269 (a developer who had received
a grading permit had a vested right to complete the grading set
forth in the permit) ; Highland Development Co. v. City of Los
Angeles (1985) 170 Cal.App. 3d 169, 186-188; Aries Dev. Co. v.
California Coastal Zone Conservation Comm. (1975) 48 Cal.App. 3d
534,551; Patterson v. Central Coast Regional Comm. (1976) 58
Cal.App. 3d 833 , 845; McCarthy v. California Tahoe Regional
Planning Agency (1982) 129 Cal.App. 3d 222 , 232 .
In Highland Development Co. , the City Council revoked a
permit authorizing the developer to construct a driveway issued
by the City Board of Public Works based on traffic congestion
concerns raised by the complaining neighbors and the police. The
Court issued a writ of ,mandate which directed the City Council to
set aside its revocation of the driveway permit. (170 Cal.App. 3d
at p. 173 . ) The Court held the- developer had a vested right to
construct the driveway in reliance on the permit. (Id. at p.
10 Black Oak Estates has been performing grading and its
related preparatory work at the site for almost a month now.
This work has consisted of: 1) importing approximately 6, 500
cubic yards of dirt; 2) grubbing of the plants, trees and shrubs
at the subdivision; 3) demolition; 4) impacting of the soil; 5)
discing of the soil; and 6) grading. Black Oak Estates has
incurred over $250, 000 in grading expenses to date.
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Clerk of the Board of Supervisors
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187 . ) The Court found that the developers pouring of the
concrete for the driveway at a cost of $1, 000 constituted
substantial reliance and expenditure to create a vested right in
the driveway permit. (Id. )
The Kosses have cited three cases allegedly supporting
their incorrect recitation of the law: 1) Penn-Co v. Board of
Supervisors (1984) 158 Cal.App. 3d 1072 ; 2) County of Kauai v.
Pacific Standard Life Ins. Co. (1982) 653 P. 2d 766; and 3) Smith
v. County of Santa Barbara (1992) 7 Cal.App. 4th 770. However,
none of the cases cited by the Kosses addresses the issue of
whether Black Oak Estates has a vested right to complete its
grading.
Penn-Co did not even involve the issue of vested rights
of a developer to grade. Instead, the Penn-Co court was faced
with the question of whether a County Board of Supervisors was
equitably estopped or barred by res judicata from revoking a use
permit issued by the zoning administrator allowing a commercial
use of property, where the Board had previously determined in a
non-adjudicatory hearing the commercial use was consistent with
the applicable general plan. Penn-Co, supra. , 158 Cal.App. 3d
1072 . A critical difference between this case and Penn-Co, is
that the developer's claim was based on its expenditure of funds
to purchase the property before it obtained the use permit from
the Zoning Administrator. (Id. at 1081. ) The Court stated that
Penn-Co's reliance on the interim determination of compliance
with the general plan was unreasonable because it knew that the
consistency finding with the general plan was merely one
requirement of many for the later issuance of a use permit.
(Id. ) Contrary,. to the neighbors' contention, the Penn-Co court
made no specific finding that Penn-Co's reliance was unreasonable
because the issuance of the use permit could be appealed. The
Penn-Co court focused on the fact that Penn-Co knew it had only
obtained an interim approval and not a permit. Furthermore, the
Court noted that Penn-Co had not established any commencement of
work in reliance on the approval. Here, Black Oak Estates began
grubbing and grading of the subdivision and has expended over
$250, 000.
Likewise, County of Kauai v. Pacific Standard Life
Insurance Co. (1982) 653 P. 2d 766, does not support the faulty
argument. County of Kauai involved a referendum to stop a
development of a resort, not the issuance of a grading permit or
an appeal therefrom, as in this case. In County of Kauai, the
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Page 12
court held that the County was not estopped from overturning the
zoning ordinance allowing resort development on the land covered
by the project because the developer did not have a vested right
because the developer had not obtained any permits before the
referendum was certified and the outcome of the referendum
constituted the last discretionary governmental approval. County
of Kauai, supra. , 653 P.2d at pp. 775-781.
Lastly, in Smith v. County of Santa Barbara, supra, 17
Cal.App. 4th at 774, a conditional use permit allowed a developer
to build three microwave towers with one microwave dish per
tower. The developer later submitted plans for and built three
microwave towers with two dishes each, but, misrepresented to the
County that each tower would only be built with one dish. The
court held that the developer's reliance on the conditional use
permit to build towers with two dishes each was unreasonable and
did not create estoppel against the government to enforce -its
laws because the developer always intended to build two dishes
per tower, not the permitted single dish, and knew or should have
known before building that the two dish per tower violated the
terms of the use permit. (Id. at pp. 773 & 777. ) Here, Black
Oak Estates did not proceed with grading with knowledge of any
violation of law or any misrepresentation as to its plans.
Black Oak Estates has conducted substantial grading and
incurred substantial expense in reliance on the Grading Permit.
It has not been directed to stop. It has, at all times, acted
under a validly issued permit. It has always properly exercised
its legal rights.
The complaining neighbors argue that, under County
Ordinance 716-4 . 141811, their consent was required before any
grading permit could be issued. Since they have never given
their consent, they claim that this condition was not satisfied.
But, once again, they are incorrect.
11 This ordinance states: 11716-4. 1418 Consent of
adjacent property owners. Whenever any portion of the work
requires entry onto adjacent property for any reason, the permit
applicant shall obtain the written consent of the adjacent
property owner or his authorized representative, and shall file a
copy of the consent with the building official before a permit
for such work may be issued. "
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Clerk of the Board of Supervisors
May 3 , 1996
Page 13
There are essentially two reasons that this ordinance
was either not applicable or satisfied. Both of these reasons
have been presented to the Board. First, it is clear, for the
reasons set forth below, that Black Oak Estates does have access
to its property along MDSB. Because it holds this property
right, the ordinance is not applicable. The access question has
been reviewed and examined by both County Counsel and Public
Works. These are the two bodies to whom the question has been
delegated by the Board. Both of these bodies have concluded that
access rights exist. Accordingly, this question was examined by
the correct bodies and has- been answered.
The second reason is the location of the grading work.
The ordinance has been interpreted by the Staff in the past to
relate to the location of the actual grading work given the
language of the ordinance and its reference to work. The grading
work is being performed solely on the Black Oak Estates Property.
Accordingly, this ordinance does not create an
impediment to the issuance of the grading permit. If the
complaining neighbors wish to prove that Black Oak Estates lacks
access, then they should file a quiet title action.
The complaining neighbors have presented several
arguments purporting to show the lack of ownership and access of
Black Oak Estates. They relay on a declaration of Mr. Fead, a
supposed expert, and their own argument. Unfortunately, for them
both they and their expert are wrong. In fact, Black Oak does
own to the approximate center line of MDSB with the exception as
the County knows from an 11-4-88 survey of Bryan Murphy
Associates, that Black Oak Estates owns the entirety of the road
as it passes over Black Oak Estates property in the North.
Not for purposes of establishing the existence of
access as a matter of law--which can only be done in the Court--
but only to present a broader illustration of the legal inquiry
required to prove legal access, Black Oak Estates submits the
following material. Even a casual review of this material should
convince this Board that the appropriate procedure for the
complaining neighbors is a file to a quiet title action if they
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May 3 , 1996
Page 14
truly dispute access.12 We also submit that this information
should confirm the wisdom of the Board in delegating the question
to County Counsel and Public Works as well as confidence in their
conclusions."
7. Black Oak Estates Possesses Legal Access To MDSB.
(1) Black Oak Estates Owns Up To The Centerline Of
MDSB.
The deeds in Black Oak Estates' chain of title
previously provided by Black Oak Estates to County Counsel
demonstrate that Black Oak Estates' property runs to the
centerline of MDSB, thus clearly providing them access to their
property over MDSB.14 The complaining neighbors have provided
the Board of Supervisors with a declaration from an alleged title
expert, Robert Fead which is simply wrong. At paragraph fifteen,
Mr. Fead incorrectly states that:
Based on the foregoing brief synopsis of the
chain of title to the BOE parcel, it is
apparent that BOE's predecessors owned no
portion of the 60 foot strip containing MDSB.
Therefore, BOE has no fee title interest in
the 60 foot strip.
However, as will be shown below, Mr. Fead's "brief synopsis" of
Black Oak Estates chain of title is wrong in that he incorrectly
concludes that Black Oak Estates owns no portion of the 60-foot
12 If complaining neighbors are correct, one would
naturally expect them to file such action. On the other hand, if
they are not so sure of their position, they will want the County
to bear the risk for them.
13 County Counsel, in its June 27, 1995, memorandum
expresses its opinion that Condition 36L has been satisfied.
Public Works, in its letter of July 10, 1995, confirms its
opinion that the condition has been satisfied. Both of these
documents are attached to the Staff Recommendation.
14 In fact, as the road exists on the ground, the entirety
of the road is on Black Oak Estates property at least in one
location.
RGC\99999
105095.1
Clerk of the Board of Supervisors
May 3 , 1996
Page 15
strip containing MDSB. In paragraph seven of his declaration,
Mr. Fead discusses a deed recorded on January 21, 1930, wherein
he states that Black Oak Estates' predecessor in interest, W.P.
Frick, purportedly conveyed any and all of his interest in a 60-
foot strip containing MDSB to Mt. Diablo Company, Ltd. ("Mt.
Diablo Co. ") . ("the January 21, 1930 Deed") Based on this
description of effect of the January 21, 1930 Deed, Mr. Fead goes
on to conclude in paragraph 15 that Black Oak Estates'
predecessors in interest and therefore, Black Oak Estates, owned
no fee title to the 60-foot strip of land containing MDSB.
Mr. Fead is incorrect. Black Oak Estates predecessor
in interest, Frick, did not deed its fee interest in the 60-foot
strip of land containing MDSB in front of its property to Mt.
Diablo Company in the January 21, 1930 Deed. (See Declaration of
Johnnie Beer of Old Republic Title Co. ) Item 9 of the January
21, 1930, deed conveys fee title to a 60-foot strip of land known
as Mt. Diablo Scenic Boulevard to the Diablo Park Co. However,
the legal description of the land covered by the 60-foot strip
corresponds to a paper street known as "Alameda Diablo" as shown
on the 1916 Map for Mount Diablo Estates Park Subdivision First
Unit ("Mt. Diablo Estates Subdivision Map") , and not the present-
day location of MDSB. Item 9 of the January 21, 1930 Deed goes
on to convey to Mt. Diablo Co. "a perpetual right of way over
said strip of land known as "Mount Diablo Scenic Boulevard" with
a corresponding legal description that encompasses the route of
the present-day MDSB as it passes in front of Black Oak Estates'
property. At best, the January 21, 1930 Deed conveys an easement
from Frick to Mt. Diablo Co. to use the 60-foot strip of MDSB
that adjoins Black Oak Estates' property. It does not convey fee
title to the 60-foot strip containing MDSB in front of Black Oak
Estates' property. Furthermore, where a property abuts a road,
the property owner is presumed to own to the centerline of the
road. Civil Code § 831; Neff v. Ernst (1957) 48 Cal. 2d 628 , 635.
Therefore, Black Oak Estates still owns the property up to the
centerline of MDSB.15 (Beer Decl. at 11 9 & 11. )
15 The January 21, 1930 Deed does purport to deed all of
the property now owned by Black Oak Estates to Mt. Diablo Co.
However, Mr. Fead fails to even mention, let alone discuss, a
deed dated October 29, 1946, wherein Mt. Diablo Co. later conveys
back to Frick's estate all of the property now owned by Black Oak
Estates' , which is described as extending to the centerline of
MDSB ("the October 29, 1946 Deed") .
RGC\99999
105095.1
Clerk of the Board of Supervisors
May 3, 1996
Page 16
Further confirmation of such ownership is established
under the legal concept of adverse possession. Black Oak Estates
and its predecessors have used the road and owned their property
continuously for over five years openly and under a claim of
title. In addition, they have paid taxes on the land.
Accordingly, the ownership of the disputed land is confirmed
under the principles of adverse possession. Taormino v. Denny
(1970) 1 Cal. 3d 679, 686; Berry v. Sbraciaia (1978) Cal.App. 3d 876,
879-880.
Thus, by virtue of its ownership to the centerline of
MDSB, Black Oak Estates clearly has a legal right of access to
its property over MDSB. Black Oak Estates claims the same right
of access to its property by virtue of its ownership of one-half
of MDSB that the complaining neighbors claim to access their
property by virtue of their ownership of other half of MDSB.
The right of access is independent of any easement or
other rights.
8. In Addition, Black Oak Estates Possesses
Unrecorded Easement Rights.
It is clear, at a minimum, that the property
boundaries of the Black Oak Estates property and the other
properties on both sides of MDSB abut the roadway. It is also
clear and undisputed that all of the owners of the properties
abutting MDSB have used MDSB for access to their properties and
have allowed guests, friends and the general public to do the
same. It is further clear that the public in general has had
unobstructed access to MDSB.
Accordingly, a Court should find that Black Oak
Estates has unrecorded easement rights for ingress and egress to
its property over MDSB under several different theories: 1) by
prescriptive use; 2) by implication; or 3) by necessity.
(a) Prescriptive Rights.
Black Oak Estates possesses a prescriptive
easement for legal access to its property over MDSB. Under
California law, a prescriptive easement is established if it can
be shown that: 1) the burdened property was used continuously
for a period of five (5) years; 2) under a claim of title or
right; 3) in a manner which was open, notorious, and clearly
RGC\99999
105095.1
Clerk of the Board of Supervisors
May 3 , 1996
Page 17
visible to the owner of the burdened land; and 4) in a manner
which was hostile and adverse. Warsaw v. Chicago Metallic
Ceilings, Inc. (1984) 35 Cal. 3d 564, 570; Taormino v. Denny
(1970) 1 Cal. 3d 679, 686; Berry v. Sbragia (1978) 76 Cal.App. 3d
876, 879-880. Where a roadway has been used for access to
property for a long period of time without interference, it is
presumed that a prescriptive easement exists for access along the
road. Applegate v. Ota (1983) 146 Cal.App. 3d 702, 708-709 .
Where adjoining property owners have used a road for access to
their properties that lies one-half on each property in an
adverse manner for over five years, each property owner has a
prescriptive easement for access over the one-half of the road
owned by the other party. Marangi v. Domencii (1958) 161
Cal.App.2d 552 ; Dooley's Hardware Mart v. Trigg (1969) 270
Cal.App. 2d 337, 341. Furthermore, an abutting property owner can
establish a prescriptive easement in a road which is consistent
with an existing easement for access in favor of the public or a
government entity. Abar v. Rogers (1972) 23 Cal.App. 3d 506, 511-
513 .
Black Oak Estates' use of MDSB for access to its
property establishes the right to a prescriptive easement for
ingress and egress over MDSB. Black Oak Estates has clearly and
openly used MDSB for access to its property on a regular basis
since purchasing it in 1989 . No one has attempted to block Black
Oak Estates' use of MDSB to access its property since Black Oak
Estates has owned the property. In addition, the prior owners of
Black Oak Estates' property have used MDSB for ingress and egress
since the early 1900's. For example, the most recent predecessor
to Black Oak Estates, the Athenian School, used MDSB to access
the property continuously since the 1960's. Such use included
grading and construction. Other property owners have used MDSB
for grading and construction. Furthermore, use of MDSB by the
general public to access Mt. Diablo State Park or other homes on
MDSB does not prevent Black Oak Estates from possessing a
prescriptive easement. O'Banion v. Borba (1948) 32 Cal. 2d 145,
151; Applegate v. Ota (1983) 146 Cal.App. 3d 702 , 710.
(b) Easement By Implication.
Black Oak Estates also possesses an easement by
implication over MDSB. Where an owner of a large parcel of land
who has used a roadway to access the parcel, subsequently sells a
portion of the larger parcel without mentioning the road or
providing for access, an implied easement for access over the
RGC\99999
105095.1
Clerk of the Board of Supervisors
May 3 , 1996
Page 18
road exists in favor of the party buying the parcel without other
reasonable access to a public road. Civil Code §§ 1084 & 1104;
Fristoe v. Drapeau (1950) 35 Cal.2d 5, 8-9 . Here, as the
complaining neighbors admit, Black Oak Estates' property and the
adjacent properties on the West side of MDSB were previously
owned in common by the Burgess family. (Fead Decl. at T 5. )
MDSB 16 has been the historic route of access by Black Oak
.Estates and the owners of the property on the West side of MDSB
for access to their properties. Given the hilly terrain
surrounding Black Oak Estates' property, MDSB is the only
reasonable means of access to its property. Therefore, by virtue
of the Burgess' division by deed of the properties on each side
of MDSB without express reference to the road or provision of an
access easement, Black Oak Estates possesses an easement by
implication for ingress and egress over MDSB.
(c) Easement By Necessity.
When a landowner sells a parcel of real property,
and the parcel sold is landlocked by the grantor's remaining
property and other properties, the law will imply an easement by
necessity. Roemer v. Pappas (1988) 203 Cal.App. 3d 201. The
easement route must be the only means of obtaining access to the
property. Here, Black Oak Estates' property is landlocked in
effect by its neighbors private ownership of the westerly one-
half of MDSB. In this case, it is clear, that MDSB is the only
method of obtaining access to the Black Oak Estates property
given the absence of any other nearby public roads and the
extreme slopes of the surrounding properties. Therefore, Black
Oak Estates has satisfied the requirements for an easement by
necessity.
(d) Unrecorded Access Rights Are Appurtenant To
Its Property.
The access rights are appurtenant to Black Oak
Estates' property. Right-of-way or access easements are presumed
to be appurtenant. Implied easements, and easements by
necessity, are always appurtenant. . Anaheim Union Water Co. v.
Ashcroft (1908) 153 Cal. 152, 156; Lichty v. Sickels (1983) 149
Cal.App. 3d 696, 699. Therefore, Black Oak Estates' access
16 Previously known as Calle Los Collados and Calle Crespi
leading up to Black Oak Estates' property.
RGC\99999
105095.1
Clerk of the Board of Supervisors
May 3 , 1996
Page 19
easement rights run with the land and pass with each conveyance
of Black Oak Estates' property.
(1) Complaining Neighbors Cannot Prove the
Lack of Access.
Perhaps the reason no quiet title action has been filed
by the complaining neighbors is because they know that they
cannot prove the lack of access. Initially, they would be
required to disprove all of the foregoing. But, in addition,
they would need to prove that the road has always remained a
private road. Such proof will require them to prove that access
was blocked completely by them or their specific predecessors for
at least one day each year over a period of throughout most of
this century. Their inability to prove this fact will result in
the abandonment of the private nature of the road and its
conversion into a public thoroughfare given the unrestricted
public use of the road.
Accordingly, for this additional reason, it is clear
that Black Oak Estates has access.
In conclusion, it is important for this Board to act
within legal restraints and established law. It is important
that this Board recognize the "NIMBY" nature of these complaints.
It is important for this Board to follow the legal guidance which
it receives from its counsel. It is important for this Board to
recognize that the remedy of the complaining neighbors is to file
a quiet title action. It is not this Board's obligation to do
that for them. It is important for this Board to recognize the
damage which Black Oak Estates will suffer if it acts
improvidently.
As such, Black Oak Estates respectfully request that
this appeal be denied.
Very truly yours,
MILLER, STARR & REGALIA
Richard G. Carlston
RGC: jcb
RGC\99999
105095.1
WR
716-4.202 BUILDING REGULA7 `-
CO
O c
Chapter 716-4 716-4.1014 Fees-Site inves '4
�. evaluation. ;
PERMITS 716-4.1016 Fees-Refunds,
Article 716-4.12 Performance Bond.
Article 716-4.2 Required Sections: .
1 Sections: 716-4.1202 Performance bong`
716-4.202 Required-Generally. 716-4.1204 Performance b,,q
716-4.204 Required-Minor grading 716-4.1206 Performance bond
excepted. 716-4.1208 Performance bond=
716-4.206 Required-Types of grading 716-4.1210 Performance bond''
excepted. of default. .
716-4.208 Reouired-Other exceptions. 716-4.1212 Performance boiid
Article 716-4.4 Applications" of surety. :4
Sections: 716-4.1214 Performance bond
716-4.402 Applications-Written. of cash bond.
716-4.404 Applications-Site 716-4.1216 Performance bond'-
description. of entry of budder
716-4.406 Applications-Name and official. r
address of person involved. Article 716-4.14 Additional Requ'
716-4.408 Applications-Plans and Sections:
specifications. 7I 6 x.1402 Plan Checking.
716-4.410 Applications-Estimated cost. 716-4.1404 Limitation by app
716-4.412 Applications-Signature of 716-4.1406 Jurisdiction of o
applicant. agencies.
716-4.414 Applications-Other 716-4.1408 Time limits- -
_
information. 716-4.1410 Approval conditi
Article 716-4.6 "Plans and Specifications 716-4.1412 Indemnity clause
Sections: 716-4.1414 Approval of appli
716-4.602 Plans and specifications- 716-4.1416 Rejection of appli
Required. 716-4.1418 Consent of adjacent
716-4.604 Plans and specifications- owners. 1.1
Contents. 716.-4.1420 Job plans.
7164.606 Plans and specifications- 716-4.14221 Posting required. 9
Requirements. 716-4.1424 Amendment. i `t
716-4.608 Plans and specifications- 716-4.1426 Time extension. T =
Statements required. 716-4.1428 Transfer. x' y
Article 716-4.8 Reports 716-4.1430 Suspension and
Sections: 716-4.1432 Notice to stop work:
716-4.802 Reports-Engineering
geological.
716-4.804 Reports-Soil. Article 716-4.24
716-4.806 Reports-Review. Required
Article 716-4.10 Fees
Sections: . 716-4.202 Required - Ge
716-4.1002 Fees-Generally. Except as specified in Sections"`1
716-4.1004. Fees-Filing. through 716-4.208, no person shall
716-4.1006 Fees-Permit. having a valid permit as provided in tbil.
716-4.1008 Fees-Permit amendment. (b) Notwithstanding the P
7164.1010 Fees-Permit transfer. Section 716-4.208, a permit is feQ
716-4.1012 Fees-Penalty. subdivisions as defined in Title 9,
,Y1
Z a
Q
W W
�V
Z Q
W Z n
W 4.
(Contra Costa County 12.89) 746
.o r,,
{ PERMITS 716-4.204-7164.206
rove . Mich a governmental agency has (C) Does not exceed two hundred cubic yards.
tit as being required as a (2) A fill which meets all of the following
Inds. .E' 1PProval requirements:
1e permit is required for work on (A) Is not intended to support structures;
�.
the sites are contiguous and the (B) Does not obstruct a drainage course;
�e bo is included in the plans (C) is placed on natural grade that has a slope
e bona the application. not steeper than five horizontal to one vertical;
;e bondvision or development P
I pennits for work on property on (D) Is less than three feet in depth at its
:e bond
evelo ment requiring deepest point, measured vertically upward from
:
� A
is proposed shall not natural rade to the surface of the fill;and
:e both" I .- �tentative map P P g
{l reviewed by the public works de- (E) Does not exceed two hundred cubic
bond; x compliance with the requirements yards.
(3) Minor land leveling for agricultural farm-
:e bo.
�� ding permits involving one ing, if the average ground elevation is not changed
d, ' '`� yards or more of material not more than three feet.
e bond;"
-° ' of other entitlement permit: (4) Cemetery graves.
build" Before the building inspection (Ords. 86-25 § 21 69-59 § 1 (part)).
decides any application pursuant to
ltequ' the building inspection department 716-4.206 Required — Types of grading
pt deliver notice of intent to decide excepted.* A grading permit is not required for:
:ng-
„_ fin pursuant to the notice provi-
"� �6-'.2004. The notice shall (1) An excavation below finished grade for
by app �tF.S«tion - basements and footing of structures authorized
' ' da to request a public hearing on
.of o �M Y q P g by a valid building permit or trench excavations
ton (which shall be not less than for the purpose of installing underground
x after date of mailing or delivery), the utilities, if to be backfilled to natural grade;
mditi a tttiturc of the application, and the (2) Mining, quarrying,excavating, processing,
.n.:.. .
;lausejt( , if any. of the property involved stockpiling of rock, sand, gravel, aggregate, or
appu ' = ' boor boundary description if it has no clay, for which a permit has been granted by the
aPPu _ °°"` !IIIMA+'ru' board of supervisors,, provided that such
idjactnt
Nwring required. If. within ten calendar
...:3 0 j0W mailing or delivery of the notice of operations do' not affect the lateral support or
written request for public hearing is Increase the stresses in, or pressure upon, any
#44K. 4sired. =- ,; **bthr building inspection department, adjacent or contiguous property:
. " +r k1hedule a public hearing before the zon- (3) Improvement of watercourses and
construction of drainage, irrigation, and
ion. 4 t ►ntrator on the application in ac-
domestic water supply systems and facilities
^ � +art yath applicable provisions of Chapter performed under the super-vision of the flood
Ind rte' *d mail notice thereof to the applicant.
control district, an agency of the federal or state
ap worst:'9 " ,,, t ft%' and any other persons requesting a
tC)rd,.x9-33 2. 69-59 1 l part)). government, a water or sanitation district, or an
irrigation or reclamation district;
2 � '"- '.fitRequired — Minor grading (4) The construction, repair and maintenance
A Brading permit is not required for: of levees for river and local drainage control
': $', a►e�><i aeataon which meets all of the Fol- Performed by a governmental agency;
(5) Refuse and garbage disposal sites
Genec�Aj.�� _ �tyuarrments:
ctions 7_7- t It k» than five feet in depth below Hatocontrolled by other regulations:- (6) Emergency work, as authorized by the
11ailgr�__,, ind is adequately supported by a re-
d in this_. It Uncture designed and constructed in building official, necessary to protect life, limb
or property, or to maintain the safety, use or
pro�rsi0 `. e with Division 74:
uittida. art not stability of a public way or drainage way. (Ord.
s req create a cut slope greater than 69-59 1 (part)).
atd
.e 9, hei;n ght and steeper than two hori-
>w %one vertical- and
For drainage permits,see Ch. 1010-8,this code,
V E:
247 (Contra Costa County 12-89)
V._ '
; T
�v
H 716-4.1420-716-4.1430 BUI1
CM
°O requires entry onto adjacent property for any applicant shall file the surety's Y.
"OC reason, the permit applicant shall obtain the to any extension of time befog
written consent of the adjacent property owner effective. (Ord. 69-59 § 1 (part), 19t;
or his authorized representative, and shall file a
copy of the consent with the building official 716-4.1428 Transfer. (a) Any '
before a permit for such work may be issued. permit from the permittee to ano
(Ord. 69-59 § 1 (part), 1969). shall be ineffective and void unless a'
the building official.
716-4.1420 Job plans. When an application (b) The transferee shall agree to
is approved and a permit issued, one set of plans the requirements and conditions of
and accompanying documents sliall be clearly permit and to any. modification t
marked as reviewed and shall be returned to the may be required because of cls
applicant. This set shall be kept available for condition of the site or change in plaa=
reference at the job site during grading and permit was issued. The transferee
construction. The applicant may furnish the required sureties before the trattd
additional sets of plans and documents for permit will be approved. (Ord. 69-59-1*:
notation as reviewed for return to the applicant 1969).
for his use. (Ord. 69-59 § 1 (part), 1969).
716-4.1430 Suspension and rev .€
716-4.1422 Posting required. The permit Grounds: A permit may be either su
shall be posted securely in a conspicuous revoked if the building official finds
location on the site. (Ord. 69-59 § 1 (part), (1) Conditions at the site vary >t
1969). from those shown and stated in the
and development plans: ;
716-4.1424 Amendment. (a) All changes in (2) Grading or construction d
the plans, grades, or extent of work shall be conform to the approved plans, grads
submitted to the building official for written conditions of the permit;
approval and incorporation into the permit, (3) Cessation of work before cornpkti0 * .,
accompanied by any necessary fees, before any left the site in a condition hazardous
change in the approved work is begun. The public or to the adjacent properties,
building official may arnend the permit to permittee has not complied with real
approve altered plans, or may deny approval of requirements for completion of the work ..
the changes. the time specified in the permit or an alq+ '
(b) Failure to obtain prior approval for anv extension of time;
change in the work shall be cause for the (4) The permittee does not cotnplY llo-::
building official to order suspension of all work reasonable requirements to safrtalW :`-`;
until approval is obtained, and may result in workmen, the. public, or other persons adett 0
revocation of the permit if he. deems the changes a lawful manner, during grading or construtw 'n a'
will increase the hazard to adjoining properties operations;
or public roads, or otherwise be detrimental to (5) In transporting materials or in J
public welfare. (Ord. 69-59 § 1 (part), 1969). operation of equipment the applic3nt 0M.-
materials or litter to encroach, obstruct,af,r: „:; 3
716-4.1426 Time extension. Before the deposited on pavement or in drainage t .`=^
expiration of a permit, the applicant may apply within the public ri llt-of-way, or. '
P P � � P Y PPY 1 g
for an extension of time hi which to complete unauthorized obstruction or di`'ers0rk !
the work. One extension of time may be granted drainage channels within the site area;or �.
by the building official if in iiis judgment the (6) Failure to have a clualifie`1 utsP '
public welfare is not impaired. The extension working under the soil engineer on LM .-
shall be for a period the building official deems during grading or constntction whets req��".'t
appropriate, but not longer than one year. (b) Procedure: The building officia)
Denial of an extension shall not preclude the suspend or revoke a permit by 111,11<1119
Q seize the l
permittee from applying for a new permit for finding and order; and he may
zQ the balance of the work, subject to conditions and/or make appropriate notations on it d .
the building official deems appropriate. The suspension or revocation. Upon the
2 54 :;_
I V§ r
F,w CONTROL OF WORK 716-4.1432-716-6.008
building official, any suspended conditions or unusual construction hazards
"bc either reinstated or revoked. exist, shall be performed under the inspection of
of Revocation: Whenever a permit a civil engineer and/or soil engineer and shall be
ked, work on the site shall not designated "supervised development work."
• hcation incorporating Work other than supervised development shall
ntd
� a new app
visions in plans or methods of be designated "regular development work."
re
`r uircd to fulfill the intent of this (Ord. 69-59 § 1 (part), 1969).
d in accordance with these
been approved by the building 716-6.006 Regular . development .
c 1 art 1969). requirements. (a) The building official, upon
notification from the permittee or his agent,
"%431 Notice to stop work. On shall inspect the work at the following stages of
_.Ar it written notice to cease work, the the work and shall either approve the portion
";arU immediately cause all grading then completed or shall notify the permittee or
connected therewith to cease until his agent wherein it fails to comply, with the
fission is received from the building requirements of this division:
ng the permittee to proceed after (1) Initial: When the site has been cleared of
the objectionable conditions or vegetation and unapproved fill and has been
to eliminate the hazard or scarified, benched or otherwise prepared and
t and to prevent recurrence of the before any fill is placed;
(Ord.
69-59 § 1 (part), 1969). (2) Rough.: When rough grading has been
completed and approximate final elevations have
µ: Chapter 716-6 been established; drainage terraces, swales and
other drainage devices graded ready for paving;
1u
CONTROL OF WORK and berms installed at the top of slopes;
(3) Final: When work has been completed,all
drainage devices, systems and facilities installed
66,002 County inspection. and slope planing established.
'71".004 Supervised or regular (b) in addition to the called inspections
b development work defined. specified above, the building official may:
9
&&000 Regular development (l) Make such other inspections as he deems
requirements. necessary to determine that the work is being
t `716-6.008 Supervised development performed in compliance with the requirements
r requirements. of this division;and
saf1".010 ' Notification of (2). Require investigations and reports by a
xnoncompliance. soil engineer and/or engineering geologist. (Ord.
. .
71641 01 Termination of services. 69-59 § 1 (part), 1969).
711.6.014 Safety precautions. J
711.6.01(, Cessation of work. 716-6.008 Supervised development
^`` 71r•d,.(11h Completion or work. requirements. (a) It shall be the responsibility of
the soil engineer and;or civil engineer to inspect
! = County inspection. The building the operations and Provide qualified full-time
�• �` "9 rut and other authorized county inspection. to assure compliance of the work
tglaUves shall have the right to enter the with the approved development plans and with`'` 1 ill times to inspect its condition and the the requirements of this division. Periodic
(If oi,eration and to check or test any progress reports shall be submitted as required
�• rs �per.ition involved in fulfilling the by the building official and shall certify in
k
j{ z?
to
iilie Kermit. (Ord. 69-59 § 1 (part), writing to the satisfactory completion of work
specified in Section 716-6.006.
^, 1
�•6.U04 (b) The soil engineer shall submit compaction
Supervised or regular data and soil engineering recommendations
t, 't work defined. ,411 work involving a made during the development operation to the
d tO support structures, or grading building official.
budding official determines special p (c) The civil engineer shall submit inspection
255
:til`:•
1 RICHARD G. CARLSTON (Bar No. 88050)
W. SCOTT SHEPARD (Bar No. 148475)
2 MILLER, STARR & REGALIA
A Professional Law Corporation
3 1331 N. California Blvd., Suite 700
Walnut Creek, California, 94596
4 Telephone: (510) 935-9400
5 Attorneys for Real Parties in Interest
BLACK OAK ESTATES and LAND BASED
6 RESEARCH & DEVELOPMENT CORPORATION
7
8 APPEAL PROCEEDINGS BEFORE THE COUNTY OF CONTRA COSTA
9 BOARD OF SUPERVISORS
10 CHARLES A. KOSS, et al., ) Subdivision 7462
11 Appellants, ) DECLARATION OF JOHNNIE B.
BEER IN OPPOSITION TO APPEAL
12 V. ) OF CHARLES KOSS, et al.,
CHALLENGING GRADING PERMIT
13 COUNTY OF CONTRA COSTA, a political ) NO. G206677 ISSUED FOR BLACK
subdivision, ) OAK ESTATES SUBDIVISION NO.
14 ) 7462
Respondent. )
15 )
16 BLACK OAK ESTATES and LAND BASED )
RESEARCH & DEVELOPMENT )
17 CORPORATION, )
18 )
Real Parties in Interest. )
19 )
20
I, JOHNNIE B. BEER, declare:
21
1. I am a Senior Title Officer with Old Republic Title Company ("Old
22
Republic") for Contra Costa County. I have been with Old Republic for approximately
23
eighteen years. I started with Old Republic as a title examiner. I was the title plant
24
manager for Contra Costa County for four years and Senior Title Officer for Contra Costa
25
County for the last ten years. I have been employed in the title insurance industry for 38
26
years. Before working for Old Republic, I was a title examiner for 12 years with Financial
27
28 Title Company and a title examiner with Western Title for three and one-half years.
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104384.1 "1"
y
1 2. I have reviewed the deeds and other conveyances in Black Oak Estates'
2 chain of title.
3 3. It is my opinion after reviewing Black Oak Estates' chain of title and
4 visiting the subject property via Mount Diablo Scenic Boulevard that Black Oak Estates has
5 a right of access to and from its property over MDSB.
6 4. Based on my review of Black Oak Estates' chain of title, as set forth
7 below, it is also my opinion that the property that Black Oak Estates owns extends to the
8 centerline of MDSB.
9 5. On January 12, 1923, Hibernia Savings and Loan Society deeded the
10 property now owned by Black Oak Estates to its predecessor in interest, W.P. Frick
11 ("Frick"), by deed recorded at Book 434 of Deeds, Page 5 of Contra Costa County
12 Records, which extended to the centerline of Calle Crespi and Calle Los Collados (both
13 now know as Mt. Diablo Scenic Boulevard ["MDSB"]).
14 6. On November 29, 1924, an Amended Final Decree of Partition was
15 recorded at Book 487 of Deeds, Page 55 of Contra Costa County Records to Frick the
16 interests of Mt. Diablo Park Co., Hibernia Savings & Loan, Louise Boyd and Charles
17 Gould in various properties adjacent to and containing Black Oak Estates' property and by
18 way of partition granting all right, title and interest to Frick to Black Oak Estates' property.
19 7. On December 14, 1928, an Indenture of Easement was recorded at
20 Book 160, Page 127 of Contra Costa County Official Records whereby all property owners
21 on East and West sides of Calle Los Collados Road (now MDSB), including Frick, granted
22 Claire Simmons a perpetual right of way across a portion of land described as a strip of
23 land 60 feet in width for the purposes of a public toll road, and reserving to the grantors a
24 right of ingress and egress over said easement even if a toll road was present or not.
25 8. By deed recorded on January 17, 19291 at Book 174, Page 28 of
26 Contra Costa County Official Records, Claire Simmons granted to Frick all right, title and
27
28 1 Not in 1939 as indicated in Robert Fead's declaration at 17.)
FfG\33876
104384.1 -2-
1 interest acquired by her by virtue of the Indenture of Easement set forth in Paragraph 7,
2 above.
3 9. By deed recorded on January 21, 1930 at Book 249, Page 47 of Contra
4 Costa County Official Records, Frick granted numerous parcels of real property, including
5 Black Oak Estates property, to Mt. Diablo Company, Ltd. ("Mt. Diablo Co.") However,
6 contrary to Mr. Fead's statement in paragraph seven of his declaration, Frick did not deed
7 his fee interest in the 60-foot strip of land containing MDSB in front of his property to Mt.
8 Diablo Co. in the January 21, 1930, deed. Parcel One of Item 9 of that deed conveys fee
9 title to a 60-foot strip of land known as Mt. Diablo Scenic Boulevard to the Diablo Park
10 Co. However, the legal description of the land covered by the 60-foot strip begins at the
11 Northern end of "Alameda Diablo" as shown on the 1916 map for Mount Diablo Estates
12 Park Subdivision First Unit and runs northerly, which is not the present-day location of
13 MDSB that abuts Black Oak Estates' property. Parcel Two of Item 9 of the January 21,
14 1930 deed goes on to convey to Mt. Diablo Co. only "a perpetual right of way over said
15 strip of land known as "Mount Diablo Scenic Boulevard" with a corresponding legal
16 description that encompasses the route of the present-day MDSB as it passes in front of
17 Black Oak Estates' property, not fee title. At best, the January 21, 1930 Deed conveys an
18 easement from Frick to Mt. Diablo Co. to use the 60-foot strip of MDSB that adjoins Black
19 Oak Estates' property. It does not convey fee title to the 60-foot strip containing MDSB in
20 front of Black Oak Estates' property. (A true and correct copy of the January 21, 1930
21 deed is attached hereto as Ex. "A".)
22 10. By deed recorded on April 3, 1931 at Book 265, Page 481 of Contra
23 Costa County Official Records, Mt. Diablo Co. deeded to the State of California a
24 perpetual right of way over a 60-foot strip of land encompassing MDSB for access to Mt.
25 Diablo State Park.
26 11. By deed recorded on October 29, 1946 at Book 958, Page 248 of
27 Contra. Costa County Official Records, which Mr. Fead neglects to discuss, Mt. Diablo Co.
28 deeded back to Frick, through the executor of Frick's estate, several parcels of land in
FFG\33876
104384.1 -3-
1 Contra Costa County, including all of the land now owned by Black Oak Estates' which he
2 had previously deeded to Mt. Diablo Co. as set forth in Paragraph 9, above. Black Oak
3 Estates' land deeded back to Frick's estate by Mt. Diablo Co. went to the centerline of
4 Calle Los Collados, the present day MDSB. This deed excepted from the grant by Mt.
5 Diablo Co. back to Frick the easement rights created in the 60-foot strip of land deeded by
6 Frick and the adjoining property owners to Claire Simmons over MDSB as set forth in
7 Paragraph 7, above. The other three exceptions to this deed of the Black Oak Estates
8 property', like the exception of the easement rights in the 60-foot strip, involved exceptions
9 of easement rights and not exceptions of fee interests for the benefit of Mt. Diablo Co. (A
10 true and correct copy of the October 29, 1946 deed is attached hereto as Ex. "B".)
11 12. Each of the next five deeds in Black Oak Estates' chain of title: 1)
12 Frick's estate to Gerald Hagar, October 29, 1946, Book 969, Official Records at p. 9; 2)
13 Hagar to R. C. Force, October 29, 1946, Book 966, Official Records at p. 62; 3) R. C.
14 Force to Florence Force, June 20, 1955, Book 2557, Official Records at p. 84; 5) Florence
15 Force to Castle and Cook, Ltd., May 2, 1956, Book 2758, Official Records at p. 73;
16 contain the same exception of the easement rights created in the 60-foot strip of land deeded
17 by Frick and the adjoining property owners to Claire Simmons over MDSB as set forth in
18 Paragraph 7, above, not fee title to the 60-foot strip containing MDSB.
19 13. Each of the last three deeds in Black Oak Estates chain of title uses a
20 new metes and bounds description for the property which no longer contains any exception
21 for the easement rights over the 60-foot strip containing MDSB deeded to Claire Simmons:
22 1) Castle and Cook, Ltd. to Athenian School, October 8, 1964, Book 4719, Official
23 Records at p. 211 (a portion of Black Oak Estates property); 2) Castle and Cook, Ltd. to
24 Athenian School, October 22, 1964, Book 5756, Official Records at p. 433 (the remaining
25 portion of Black Oak Estates property); 3) Athenian School to Black Oak Estates, a general
26 partnership, August 16, 1989, Book 15270 at 314, Official Records and 4) Black Oak
27
28 ' 1) a power line easement; 2) a pipeline easement; and 3) a public highway easement.
PTG\33876
104384.1 -4-
SENT SY:FOUNDERS T 1'I�I.E COMPANY; 5- 2-uti ; z:germ •„+ : y1� .r- y,u�n rea �.
i
1 Estates, a gemul patu*ft, to Black Oak Estates, a limited partnership,.October 26,
2 1994, Of5da1'8eooads sw. 94 262298. It is unclear why this exception dropped out with
3 the Bret deed asing a nom twma and bawWs dascriptioa. However.. the final decd to Black
4 Oak Ntateg, a limited rm"ip, recorded on ock* r 26, 1994, deeds to Black Oak
5 Estates ral"arty that a dads to tt►t cenurline of what is desudbed im the deed as
B "Mount Diablo Solo Boulevard, formerly Calla Los Cou®dos," wbich Mt. Diablo Co.
7 deeded back to Pdtk as' set forth is Paoragrnph, 11, above. (A five and Correa on of the
8 final deed to Bluk Oath Eftes dated October 26, 1994 is a twbod Im=to as ft. 'Cu.)
9 14. TbWefore, Black Oak Estaws pftwmm the earns rights of aCOM to its
10 property by virtue of lt;i ownership of orwhalf of M SB as the adjaeont pmpeuty owam
11 who 0"tt other rislf'of MDSE. Neither ft KcLm, the Wdogas nor Black Oak blas
12 possesses a remdled Virktaa easement of record pmvidittg than aaaess to Or over MDO to
13 d1dr properties.
14 15. Attac6cd hereto as Mbit "D", is a tette and carrect copy of ttre
15 As=wes Parcel Map fbr Bic Oak Estates propeaty demonstrating that ft Matra Costa
16 County Tax Assesses hIS asstned reat prtepatty taxes to BWk Oak bates to the cente&ze
17 of MDSB. Mmkod heu+ato as Eshlbit "W, is a true aid oxTe ct copy Comity of Conn
18 Costa Anewr tax raUs Wicabing that Black Oak Estates it the asmsed Owner of record
19 of Ow subject suWWs* that uUnds to ttlt centedim of MM.
20 1 deCl=nudes penalty of perjury under the laws of the State of Califrnaia
21 that the foregoing is t me iasd oQrreot.
22 Dated; April 19961
I;INIIUI B. BEER
23
24
25
26
27 :
28
Exhibit A
Y Y
••" • ��• .fir;. ..i ,-» ter• .t5k.�1,�.��r.��,, ': .r'. ,•..••
-.° � . .== ?x�s�lsD�r?oas�..wd.•<�bs: r7tn�:ar-o��atilrsa=,ec-•>t.a�o�t���� .
Thousand-Alne..Hundred_and ?htrtT RZ_?RtII.W.P.TRICL.:.Rlso�kao*IE,N'_Uf amq
YBLCN TAY MM his wift,of the City and County of Haa.harioirioew:.atataj..ei', Mtlfq. {
ats'of' = the parties of the first rt and nr, : 21
.'' p Da S4.Df1HL0 �AEY,LTD.,•a.C+►lifesafa-oosDc
the party of the second part,:
TITEZ99SYH: That the said parties of the first part,fo and in1ocasideratioa
} of the sum of Test and.no/100 ($10.00) Dollars, in Cold Coln,of tho.-VaitsQ.stataaf,.
of America, to them in Band paid by the party of the second parte-at or befow-tbez; = ,
ensealing and delivery of theae presents, the receipt whereof it hsroby.ad: =} '
knowledged, hove granted, bargained, sold and oonveyed,and by these,presintrd0.,;,._.,_
:ant bar is sell and convey unto the said art of the a nd rt' lindto lte°'c S=
Che B 6'$ . 7 party e � Pa , _
,..:
heirs and aeaigae forever, all those certain lite, pieces of porosis of laad'..:�;";�,' ;'. .:.
situate, lying and being in the County of Contra Coeta, State-of Califosnla;tad -', ; '
bounded and particularly described as follo:.a, to wit:
1_i( 0� -
:. Lot Your (4' of the aouth:•est of Section T P I ge
� 3i, ownghi . 1 lforth Aon
r, Mount Diablo '—'-as and Meridian. - -< .
,v (1) an•' Two(2) ant :he South 1/2 of t'-e northeast 1/4 of Section'
1, ':ownstilp 1 Bout:, Range i le3t, s ,d :cc t i.s t71 and the Southeast 1/,&
is
of the northwest 1 *i--n ', + i a haT
/' Sec__ _ _ i:own=h_p South, sage 1 west, Pact Diablo ff
Bess and Meridian.
^� E'XC'EPTING T?R?FROM: -he parcel .. iac.'. _cac.:bed in the deed from y.r. -
dilliam,_.. %.nd Paula iii las.acr, bio +i: , .,�A,P,Fr_ak, dated March 12..1 20 and:.:
9ft.
recorded March 31, 1920 is 701-1 353 of Leda, pag_ s5, as follows: - -!
*That ..,,_twin stria or par_el of l—d :^ feet
iesa �iA< ip wnA,bei
d7
_ +
Routh half of the northwestgaarter of ^oecLica 1. T:;vnship i South, Faage.I�aliis�•_ �-^-���.
and the Scut:weat quarter -.f the southwest quarter of Sactica 31, Townaj!.p 1 Ea:tII,}—-.!_: .
Range 1 goat Yount Diablo Base and Xeridiaa and being and constituting a-p'at
:and
•-:_
- .
of that certain roadway commonly known as and called *Mount Scenic..
Boulevard* as said roadway Is contained in that cdrtain..Deed of Trust date3` *ri' v
-
June 15, 1918, made and given by the Yount Diablo.Scenic Hoti2wa;¢^Coaydp?�a :, -
George H.Mason rad Z.B.Bull, an trustees for Mount Diablo Park Corii-Y, -
recorded June 17, 1918. in Toluse 321 of Deeds, at page. 66. in Lha.oiilge g3 t =
County Records
r: the said.Cqunt,Tr of Coatis Costa to whl n
the description thereia.;otpitalaed airste'pSTtlutila=21* 7{0vo
describing that part of_aaid roaIIwaX,17in6 ar �a1n81n t3gi. z aft
northwest quarter;and.uortbeaat' inaxter- 8totiom::
the southwest quarter of Section 31',-reisrsaes is hereby sada fox aeoreyait
ti n
' descriptloII s
:5s' ryyyvv� Lots ?ares (3), lour�(4) and rive't5) and the southaaa /�y�} q t x
wo1}~I.11���w I.-•�� ai .(.•. :. 4 'T
-Pori !as
tl, thew, YeildIaa��v
.� lZCZPTIYC i. 1 Qoor:ta "ia_ :de 1E
' Coakllt 0'� ty7.
oda=, a s4 � w - aw
10 '�I eoozdad esa�e . .w ..
Y 'r�aztS6tt2 !Fag Ti i
_ r _
�L
76-e t}or ths*e! oor>oy� ra4QfoeWRO, ,
?` sontli along amid west line of the northwest quarter of Motion 6j"'2244'95 fsN/ LIOlTTl�ti
xt�y.}�p.i .vA• �'-rtaC' �;.,. � w: {.�°� • 't,fM � � i _' ,
lesiiag'eni""dsnet 133is of acid tioi4hwsel�-ova 1' t "b;iLQ�Its�i
One-in
and'rante no2th-.55!1Wisas0 81.49 feet; thence aortl; Owg'9}�-nil=irj0.;9 fyi�t .� Diablo 8a4n10 .
y fi
thence north 74e481Aweet'66,6j feet to the point o: beginning, containing 0 P7'iors�; varl"n 31,1920
i more or 14ae. ' .~ 1Z. A strip o,:
. 2-Beginning at the northwest corner of Seotio'n 6, Township V W'A, Raags"l-*j9, o.;1 described cant
Yount Diablo Base and Meridian; thence along the west line of said section 6, ?: 9eainnInc
South 102.10 feet; thence leaving said went line, east, 150.00 feet; thence nortD,; I Yost, Mount Di
I t
102.10 feet to a point on thenorth line of said Section 6; thence along said north` "_ Coon 12, bar
r'-x-
line of sail section, west 150.00 feat to the point of beglnning, containing 0.35 1 -r. 166.27 feet; td
aCreb,mOre Or 1088. 1
feet; thence n•
ITEM s feet; thence n^
1. Beginning at Post 8.9.2u,.a corner of the Rancho San yiguel, thence South I ' thence north K
75-•i/4 degrees rest between the ]ands now or formerly of M.Levy and James Walker
! feet• thence no
126.60 chains to c Forked Willow ^tree. 7 inc!!eP in diameter, blazed on four sides I i` 134.09 feet; t:.
marked W.L., and situated on meter?; bans cf the Arroyo del Final; thence .14.02 feet; t':
along the center nni' un the Arroyo dei ?:nal, in a scitheas<terly 11reetioa t0 lea'' thanes n-
is forked `_tut Pine Trec, 21 inches in �.._-stet, Tark�d R,A. in_a blaze; thence feet; then... n"
northeasterly
�_
fes' ,hence noz
northeasterly in a direct line to iha Place of Laginn,r.3; containing 639 acres. '
2. Bae'nning at post S.!;.20, a -. t,e -.,:nchc San 'ligue'; thence east along feet; thence e•:
the Ranch bounaary 50.00 .nat7:9 ?o ..5 ..
. 1i; . ence eouthweecerly crossing *hater _
?:
the ;ober; ,filen Tract of lane i.^. a J:_'.. line .,, s nut :Sr.e Tree 20 inches SII ! -:•vsnce eouth_
nnrch 71. 14 1%
diameter blazed _n two .-lies :.._ _'.e.' _.a ...- -_;terly bank of the Arroyo lel
Piral; -hence northwesterly al.or- and the ArrG70 dei Final to a I - ec 'r. :4•
forked Rut Pine Tree , 23 inc*,-.ea .n dia=l.._. =arked R,,,,...'biaze; thence � °7' 531.wept 1'
( 54}, West 71.5c
northeasterly in , 'irect line tn the ^lac^ heotnning; containing 598 acres.
east .16.15 fee
3. 9eginning at a Post S.M. 1i, a zcrncr,o: tte Rancho San Miguel; thence South
+ west 250.28 fP=
alonK the Ranch boundary 60.00 chains to Post S.M. 18; thence southwesterly
west 172.32 fee
croeeing the Robert Allen Tract of land in a direct line to post R.A., situated
- want'221 fee
In the center of the Arroyo Del ?anal; thence along the center and down the Arroyo., ,
'
( Final to a Hut Pine Treat, 20 inches in Dlama.
eter, nd situated on the easterly _ -, 94.20 feet; the.
! 139.94 feet; the
bank of the Arroyo; hence northeasterly in a direct line to the place of beginning :t
230.05 feet; th-
i containing 424 acres.
158.90 feet; th;
i 4. Beginning at Post S.M..18,a corner 'of the Rancho San Miguel; thence east 40.'00-,-�
east 184.73 fee-
chsius to Poet B.M. 17; thence south60.00 ct:.ins to poet 8.11.;16; thence
= :. .. 75.50 feet; the
40.00oDaine to Poat 9.11. 15; thence south 20.00 chains to Poat S.3 14; tIlence
West 20.00 chains to Poet 5.11, 13; thence South 5.70 ohainsto Pose a � feet; thence n
8
- =
feet; thence n
, t. -
thence west 23.65 chains to Peat R.►., in the center of the Arruyo del Pinel, tlieno feet;thence no
�. Aortbeasterly crossing the Robert Allen Tract of land in a direct-rine to tbe__r
I - 134.20 feet; t
Iplace of beginning; containing 436 acres. --_ feet; thence n
5. Lots lumbers one (1), Two(2), Three (3), Your (4) and Five (5j of Section *� F i
feet, thence r.
Number laeven (11), also the 8anth (S) one half (1/2) and the Bouthana '��"' ��•
•i : ^._�-_r: -_ wan. ; ,,... .;r c"- �r wFanL_ ,x`' •,t `H i'� 'yc^ ' feet,> hence z
�!( (8C 1/4),03 the lorthsast one-quarter (IM 1/4) of said Section Eleven (11)`'Ealll' "
f eet, thence;:ac
LF, Township bas, (1)
IdIan
fT fth�otts•. ence sout"h`:
�
of -thence *a lP
a Lots lcibs _ s areL?so(2) of geotion°Tan 0);, 00atafnia
! , and 97 00 (73•�7)�is aad,the 8ontheaat one er 8ir1f4 toy 8egti "ltumber �I`feet zLencet,
?en(I¢ aaf►�k '81> j(l norma of `• all One =Z t. ��i
. TewneEi _ A� feet
it ! iaaolozBaea-aa '11eri 'aa �' "=1-:
4ri
u t. ^ k ^` '. '"-5 •^9 a ....T.r S f.;. ._ra, ,1a. sX .1` d
tees. - �OV?ZXO R=1=051,;2 j; 4 abo*t, that pdsoei o[ 3a
d toiashig 1'paroal Ons"in the dW lrogr abna4 Diab10=.Dsysio , ` ~`
feet; s" ! Diablo Scenic Boulevard Corpany,a eorporatiaa,3a•s1-IIdre_her 16, l5'6, sad 0002d9� '� G ,� `
0.27'aored- r' varch 31,1920 is Yo1uw 363 of Desde, at page 80 described as:tolUViI
A strip o; lead 86 feet in width,•beinQ 40 feet on each side;ot.the fo loci "
1 West, <4 described canter liner
y
n o, ?e¢innina at a point on the nest line of Section 12, Township I South; Btage 1 • r F�
e north west, mount Diablo Base and Meridian, from which
point. the northwest corner of tail
:aid north Section 12, beere nort': 1° 59' cast 72.62 feet die-ant; thence south=77.2a�-lsQ4 s :ice
ng 0,35 130.7 feet; thence north 55. 53' west 192.40 feet; thence wu-.h 83' 521. vast.190,
feet; thence north 49. 54' west 119.15 feet; thence north 7. 53 1/4' east 200:13' __2-;;;.
feet; thence north 11. 29+x' west 372.08 feet; thence north 23. 50, -east-_245.95 feat�
thence north 73. 00 3/4' west 120.47 feet; thence north 44. 16 3/4' west 281.P5
Talker 'set; thence north 83° 53 3/4' went 169.95 feet• thence north 546. 20 3/4C:"west,'`
rc
'eet; thence 'n ' we-at 141.19 feet; thence north 16•-1 1 4r-oa'.
cr sides 13-.�, --e.; encs north o_• 33 3 /
_ nee 1: .02 feet; thence south 69° 26' west 87.617 feet; thence north 82. 54t' neat 208 7
_r. to fe,e , 'h-n e north 67. 461' west 334.29 f'^st; tnence south 79' 1111' west 146.=-6 f�
flet north 75. 471' 77cot ,^4•73 feet; thence north bi1-17 3/4' west 263 25, `}
- ;thencc north ^° 01 3!4' west 1. 6.07 feet: thence south 28. 42+1' west 125.25
acres. t:
d1 CIIg - - feet' thence south 2S' 49' east 1;3.41 ee'• ",nence __utn �-'e 28' east 176.16 =.-
k_._
:aelag ."eros ;t =4. 34' 2_:S.OLL '.set; thence south 40. 13' east 124.90 felt --
hes In - -'�uth 24' 30' east ..7 :•eet; ",hence south ;3. 11' east 107.72 feet;thence
yo el "-n 77° 14 1/4' east 177.17 .feet, -hence south G• 47 1/4' west 105.21 feet; thenoe
-r, '
C;' east 177.08 `2et; thence south 35° 381' west 65.21 feet; thence north -
1 to a
-5° 53' west 172.20 feet; then:!t north 75. 421+w•st 157.20 feet; thence south-536--_
4s, 'Feet _ _nc • l •
5 � 71.56 foot; thence scuta 4 30 3/E east 170.30 feet; thence soath�48 )9
acres.
east 1_3.15 feet; thence south 21. 27}' west 127.38 feet; thence north 75. 24•}' ;
south =_-
west 250.28 feet; thence north 60° 20 3/4' west 191.96 feet; thence south 321`.OZ�:
;rip - r..z• - __-
west 172.32 feet; thence north 59. 364' west 128.72 feet; thence north 32. 06k __
ituated
west 221-32 feet; thence north 48. 2i4; west 146.4 !set; thence south 24n9l west;;
the Arroyo - - :
94.20 feet; thence south 15. 56' east 137.32 feet; thence south 3. 531_Wsstx,x _iit
;erly 139.94 feet; thence south 33. 29' east 318.87 feet; thence eonth,69w.O1j' east ti -tea E
? beginning(
230.105 feet; thence south 4. 031' east 49.44 feet; thence south145W 57k' wont; , u
158.90 feet; thence south 61. 16 3/4' west 135.94 feet; thenoe south 17.
ast 40.W
�. east_ 184.73 feet; thenoe south 30' o6yi' east i6e.4o feet, thence:sou.h
` _ .
west C - --,---- _.- ..-- � �.
75.50 feet;' thence south--,61�49' west .276 faet;� thenoenorL 4gb1O/4 ne8
thence a -
_ A
fast; thence north 33!09 1/4' east 80.49-feet;. thence=aorta 1. 43..1. _-Z -a11 `0 w
12, feet; thence north-4- 04 3/4' -set 168.39 feet thenae aorth',33?--25:3 rest l
feet;thenee north-2. 55 3/41 .6swt 204.52 feet; thence north jo• 57 1 , e>t" '
134.20 feet; thence north 29!.09! west.422 28 feat°.thence::no
r
feet; thence north 21. 49.1/2' weet-187.97feet; thence-aortlty4'jw-1b�east;
tion �
` ' w�N
feet, thence narth_64. 06.3/4 west 73 89 feet,.thence_norih
�� i feat, tnoe abrt77gwest�;,2E2st3 # 4t.»t�Caca 4;t �1 u`4�
1�'�r lest ' • s «t
then a
south
a9 59 .est 133 5a"tee . thenae eoutl#Q_ i 16 e
an, t
then°e vyn^tb 69'; .•,►:..57.63+�i�lt,, hsnoe�no2Sh:CO `
.,' •-• ,�,;�the4oe�soctk''�=' • _ ;, teeY`-thgri� ` `. --�• t:
63ica
no ;lam 1 : set nee tlo
' � .. "�Ft` '�� iX9R'd"r � z'�f pF"`-�r- -�•s _. .:. _.-s�.-z-�-' ... 9 `' `,.�.
feet;'3nenee.i6fk.;P_,}r-•watt249.119`fest; thence north 62' 07}f tut 4 , I said goat
` 140 5d-3asLteLheSiOw nor.26. 11 1/2!,p44t 194.35 feet; thence north 656.16 1/8 vest w mat 131•:
€ 167.05 fest', Ahence south 71. 00 3/4' west 165.38 feet; thence north 77. 37 3/4� wso - of said
136.14 feet; thence north 15. 14' west 158.10 feet; thence north 64. 3 1/4' meat_
beers nor'
122.08 feet; thence South 67. 46 3/4' west 53.00 feet; thence south 2. 30' west 100.9',-.' (y) 1 etr
1 t • i151.10 f r. t r.p 5• ' west 2 0. i=':..
feet; .hence [oath 75 5 Ifo' .mat , feet; hence sou 3 30 1/'� 7..-„3� -,. desari:al
1 feet; thence south 78. 471 wast 152.00 fact; thence north 64. 2}1 went 74.64 feet; Begi:
+ 8 `
thence north 16 30 west 152.07 feet; thence south 779 9' west 14 7.3 feet•; tfie"" Rarge 1 w,
South 42. 58 3/4' woe+ 217.89 feet; thence south 63. 35 3/4' wee% 179.11 feet; thenoe�'• corner of
north 800 4' west 20 .7$ feet; thence South 8 • 1 /' west 14$.00 fest;
53 3/' 9 3 5 3 south 72•.
thence north 54. 10 3/4' west 152.74 feet; thence nortt 36. 51 1/4' west 236.95 11
.:
point on t
feet; thence south 83° 31' west 171.62 feat; thence north 14. 37' west 163.02 i,- of said S
t
' feet; thence north 86. 47 1/4' west 117.18 feet; thence north 38. 17 1/4' west t (C) A etr
a {.:
j 122.44 feet; thence south 73. 28 1/4' west 202.72 feet; thence north 67. 36' west i described
244.57 feet; th-nce nort:• 3. 271 east 153.00 feet; thence north 590 4641weat L: Regir
,. 2:3.30 .set; •hence :^: _-_ .3 'act, nce _,rth 71. 5301' watt ' hour
/ ' * nc._ - .[ '^a__.� c„�.�t oat; thence^north 24. 553' east le::t,
37c_n3 feet; t..e^.ce n,,-c'.
said Sect'
. . 56. 58e» ' 1 _.24319. feet __:,ce noesteat 13
3
r
feet; thence souta 0. 1=f' ase: 9b. feet;- tnc-.ce south 471 06' east 147.22 past 261.7
feet; thence north 6=° _71' %- - aorta 10° 321' west 364.12 neat 596.£
t
feet; thence r.ort" 55. 321C' rest X7.97 .._ , --. rc c .._':.1 16' west 248.02 11.38 f--.-
feet;
thence north 36. 1-.L1 wee- 'C5.70 -'t• ,..•_..ce .._rth 16. 21.2' west 144.37 95.97 feet
feet, thence south 39. 6 3i+' west 04.70 .__ `.hence north 59° 54' west 207.14 16+.85 fe-;
-:;Le ri:rt`u 3 73 wart ji., - =ee -_._c;ce north b9' �' meat 76.78 feat; feet; trieL
g
thence south 78. 53}' xaat -1C.55 fee:; thence north 48° 214 west 108.75 feet; �' to a point
thence north 00. 3 1/4' meet l?4.10 fee`; thence north 17. 171' east 134.66-feet;-- of said 3_
thence north 65. 31' west 117.56 feet; thence scuih 65' 56 1 seat 182.87 feet; Not e
thence north 79. 33' -rest 437.93 feet; thence north 1. 211 suet 254.28 feet; eat-' Seed
thence north 87. 4},' west 383.88 feet; thence north 72° 17' west 153.27 feet; agents an:
thence south 730 28yi' west 161.07 feet; thence north 41. 34.21 -zest 120.65 feet; tie right
thence north 16. 28}' west 273.12 feet; thence south 86. 51P -eat 335.90 feet; i .. said lends
I thence north 280 43' meet 91.28 feet; thence north 34. 37' east 199.38 feet; -
thence north 53. 431' west 76.70 feet; tbenca south 73. 441 west 210.35 feet; :` PAROL ON-
s thence south 58. 36}' west 191.43 feat; thence north 76. 471 wast 279.40 feet; !:__ 411 c
w 1 thence north 46. 24' west 430,10 feet; thence north 35. 19}' meat 197.90 feet; - ,., I ;,;. Range 1 Ea
thence north 32' 4o*';+eat 131,05 feet; thence north 53. 4^J1.west 384:18 feet,to.- southwest
:'.
'- a point on the southerly boundary of Yount Diablo Boulevard Tract, said point beingSouth, _.
the southwest corner of Block 30 7a designated on the map entitled OR. 1. Bursese £ECF.P?ISG
-.
Comp anyle Yap Ho. 1" Mount Diablo Boulevard Traot,w which map was filed in the 1_ The are
,.t
oi;ioe of the 7Doorder of the County of Contra Coeta;3tate of California on-slay 6, northeast
1912;.-in Volumes j�of ilape; at page 153. _ ...... _ 33`.. '8 Base and
_ �- SCIPTIBO 7ROWIMBER 1'143 (5) above, (being a portion of. 8ection 11. Townabip, north 390-
c ' c i
s 1 south, Range;1 Test) n D Y ) Lhe parcels of1aM scribed in Lhe deed from 11pmi�Y 1 45001!,,wec
x Diablo'--a volopitent Company, a corporation, to1llannt Diablo'-µ8cenlo Boxllevaxdss i4' west 545.;
s a ,
Company a,00sporatioa.datedtDecenber 16,1916 and recorded xarebr31,1920 ii,4olnme ice t,.then
a # ANN� +r .Y..Y= 'rL_"+ .... s cd"-•.d" =c ¢ g b* t J^xsF +t �na �.+,�.cx 3 '. GvFy'k,,,
r 6 'i 80 am. 011ossS 0 W, t t i thence nor
01 i'8fee t�in,sldth ,haingti 40zfee Ct n eaoh�siQ of.fife fo ` , "north 9001
t lowing des - er last - tdor lane
80 t,aat4eyes lain fro- 8eotioa 12Townehlp -8onihiHaa " .'2 The are
ti .
swiss awlint"tps•.na►thueettoorne
geid section W;-bakieitiAh'"2.r"59� set 900:8 feet diettat i o
2' west
+•_,. net 131.16 feet, thsaoe south �e3pi.east 14d,ta7 ass! ta�poinithseet�liw j
of said Sanson 12, from which point ahs northwest cwsaes of 4iid.Qielioet 1t, s
bears north 10591 east 1017.81 feet distant.
t 100.0
(A) A strip of land 80 feet in width, being 40 feat on each side of the following ,M
270.3l i- Asecribad coater lice:-. J tat
r.
:eat; +' Beginning at a point on the west line of Section 12, Township 1 South, �•
thence Range 1 west, Mount Diablo Base and Meridian; from which point abs northwest
thence, corner of said Section 12 bears north 1059' east 1308,88 feet 41stant; thDoov.
south 72022 1/4' west 44.50 feet; thence south 290 7 1/2' east 87.50 feet to a -
�oint on the seat line of said Section 12, from which point the northweet oorIIer.,
of said Section 12 bears north 1059' east 1399.90 feet distant. y-i• `Z
" (C) A strip of land+L a0 YaeL in width, being 40 feet on each aide of the folloging,
+eatwig lescribed center line:
Beginning at a point on tie west line of Section 12, Township 1 8outh,_Rangr l
Mount Diablo Baas and Meridian, from which point the northwest corner of - -
'� e.aid Section 12, bears north 1059' east. 075.10 feet distant; thence south 57012 3/41 ==
'-2'- a '10635 ?/4' west 1 1. feet; thence south 023 1 2' I -
• sept 183. 0 feet; .ace south 3 39 33 / _
d,t "61.77 feet; then:_ south 1e45 3/4' west 160.78 feet-; thence south 40044,1/21-
nett 596.$3 `_et; .hence eout- 6a 6 '5/'>! west 17;.19 feet; thence south 21036, aLat -=
17':,?;t _--_ , .___._. __utt 3y° =5 1/2, west 1?2.1; feet; thence south 200141 east -
,7 ;3.97 feet; thence south -40051' east 227.76 feet; thence south 350 29 1/2' east
-14 154.85 feat; thence south 508 1;2' wiat -13.02 feet:thence south 720001 cast 180.43 LL?
:at; feet; t;lead youth 57*49' eay> 167=.12 fres, :hence south 360 43' east 110.32 feet
To a zoi..t on the seat line o. asc ...c 12, from which point the north-seat corner -
'et; s... _ectior, 12 bears north 105 ' east 4372.00 feet distant.
BBQ lot excepting however, from A, B and C above, the rights that were reserved in
ei,! •feed ,;e3 Deede, page 80) "That the grantor .'.aerves to itself and to Its
agents and employees, and to its grantees and tenants while residing upon the land,
:he right of paeea,3e over Said toll read free of toils or other charges between _
said lands and the *Horth Gate' of grantee's said toll road.■ —
• TI SY 4 -
PARCEL ONE
=:.
All of Section 7 aLd the Horth 1/2 of Section 18 in Township 1 South, -_ -- --_
Range 1 East, Mount Diablo Base and Meridian, Lots 6,_ 7 and-the.last-:1/2,of,;_the`;:>: �y
t to Southwest 1/4, and Southeast 4/4:of Section 1, and.•all of gsoti n_12 YiaF, Ownohi
being 1 South, Range 1 Aeat, Yount Diablo sane and Meridian
3ess , LZCIPTIHG THlHEFROY-'
:ei y 1_ The area tnaa as *Mountain Springs described aa,followa Oommenoi,A.
4t
i
ay 6, i northeast corner of-Section 12, Township 1 South,Range 1.7est "Xdjjf 0i 1.
5aee dud Meridian= thence Dorth 0016 -west 95.00 fest t� giat-ofc.Leg heat
:?rnehipiA north 390341:Lweet 342.00 teat, Chance scat*.670010 weal .00Ffegt,'ts4?io
�h-
,unati 45001! wash ST 00 fsettbeado-* h-25�0Q t eat 266: hs
; west 545.3p f8et, �heaos seutD`lj•39S=ete00 e'et0`theIIQC Y ti
the t Ior ss 7.0
t feel;steno 2
_.:t W_
tc `wort"*0 2 1tt - -
or lees .
Lags
x - r
_. i-we Xtay '1'Fb %WW144n0 Z6► YlYusls
: . .-.oases..is satexttatsal b3 tD1r siatalt lids oi.thi.eoath,:ijg,oi gsosioa I} la�nsDip t.I�. �;
South, Range 1 *ast,`_Dount Disbla Bass and Meridian{ LIlsnoe a tD d7e j9 / e'• the #t4k*1s
59j;3g taat;'tihenoe south 37010+ east 160.23 fast; theme north bbe25+ saxt 2i7. and follawis
foot; %beace soutblOV}t east 150.35 feet to point of beginning; rococo'voutb!l point of co-
5-10331t :est 74.06 feet; th«nce south 38.26}t east 600.o0 lest; thenoe north,Si;` CVTINO T.
j .33i' •t►st W feet;,thence north 38°36}' vest 000.00 feet; thence South 51033}.fsaj1tt +YaCr leytt
525.94 feet to the point of beginning, oontaining 8.26 acres, more or less. Camcssaain�e r
?ARCSL TyQ' .; .tx«- r Yount Disblc
t,e fest; :then
i The Ho-th 1/2 of the Horth 1/2 and the Southwest 1/4 of the Horthvsst 1/4 of - bI. 3 ' UP
Section 13, Township 1 Soutb, Range 1 lost, hount Diablo Base and Meridian, =, beginning; t
?ARyt"SL TF.RBY: a feet; thence
, j point of beg
1
The Borth 1/2 of Section 3, Townahip 1 South, Pangs 1 hest, Yount Diablo
Base and Meridian. ,° ?ARClL
R - Range 1 lest
I EXC3?TING T...,REFROV: that part thereof which forme a part of the Lake* and whieh' '"'r'Lake" is descruva as follows: t. from the pan:
.: Park Subdivi
Beginning at a point near the ear•.terly !!!is of Section 15, Township 1 South; '-
Recorder cf
i .Prange 1 West, Yount Diablo Base,anc: Meridian, from which point the southeast Corner
In volume 15
of said Section 1F b>_ars south 1801.;58 feet distant; thence north 21.06 3/41 wrest
- en,- Of said
212.0, et; thence nota 3 ,4' nee 7; 4}.y_ feet; thence north 2 � east 214,65 tesii,+,:.
as111 section,
thence north. 2�^5E 3/41 east nth, 270 24 3/41 east 66.22 feet; f
or
thence Troth 12c45, west 122 feet; ;hence North 90471 east 140.95 -feet; thence North
All the'
100L61 oast 203.71 feet; thencf North 79051 1 oast 49¢,? !est; thence south 250
' 3/Lr a4, 7 nehip
05 .
eaet 129.38 feet; thence scath _;�l0 3/41 east 400 feet; thence south 8•
the said El
57 3/41 east 300 feet; tt:!ace scut`. 320515rr -nest 580.48 feet; thence north 820
.;2 3/41 aeot 2-,706.80 feet; thence N,,rth 8co i; 1121 west 2388 f t t 1 PARCEL
e .05 ee o tha point
26- -Townohlp-
of beginrhing,-eontaining'19.j0 aeras" more or less.
PARCEL S.
_ARCtL FOIIR:
r ;
Prange 1 Hest,
Portions of the south 1/2 of Ser-ticm 14; the south 112 and the ecutbesot 1/4
PARCEL
of the Northwest 1/4 of Section 13, Township 1 South, Range 1 Fest, ;Aoaint Diablo # '
South, Range
Base and Metidiar., described as follows:
j i boundary of ti
Commencing at &point where the northerly boundary line of the Yount Diablo
Estate Park S.
i Scenlo Boulevard leaves that certain tract of land known as the 'Lake• described
corder of the
{ above, which tract consists of 191 acres, said boulevard being more particularly:-- of u0r0 page
f �..2
described in-that certain deed of trust made by Yount Diablo Scenic Boulevard C4mpany 14'' the map entitl
i a corporation, to Mercantile Trust Company of Ban Fraaciecoorati ' z '
i , a corpon, � ! filed 1a_the c
!� dated January 1, 1917 and-recorded is the office of the County:Reeoide'r of 'the t - Celiforaia,oa
County of Contras Costa, State of California, on April 4, 1918, in volume 312.of; ?rSCLPTIHC
Deeds; page 431. .runniag:ibones along the nortbe:ly boundary of-said Mount Dinbla 3gcamore.Count
Scenic Boulevard, tangeaeral-easterly direotion.following the meandsrings thereof{ `tIIe`Mercantile
-_
a point where.the said boulevard intersects the quarter section linerunning north 'and recorded
i -
VL
aad-scat, to the aeaSer of Seotton 13 of sold Township 1 9outII,RRange 1 leeL, r mniag. PAROL H:
theses in an easterly northeasterly,and northwesterly direotioa and foyllowiag th B u°ica:2l,c.Tc
Ings T a
general.oUjV8 to wDQrd' tAe �
vdsr o1 sold heals s7[d SfAsagmaagaln latareeo t' ' " 411that
M~ t •-.d� ,'y -3°r. x R .__ i..,:y .� 313':�"'y"ti6c •'"'� yf . -y7s;,
the acid QiiCii* section line last above deter ibed; thecae ins -naeste 21 towns i ]
'dlseotlaOM1aa+fao�lo*iagttDa ssaadariags of ea'd Doislavardrto a erect �J "Coun j Ftoad.t.
-`'kine d seat 21,���tDa�'wea��gn �o 9A
ARCEIr'btt=dsotiaa;l?J�,�., li taid„Iees!'" a o 16ed�� o he eaa ` ��t���
w 3ecttna 2�the
<„na tar-Uiins of; ;,a3lisnos B`i'er slaa tne�a �� �`� � - ,�1� �*�'of 8 coon
c sa
ya+�, 4- C. . -G �.' ',}. p Y.. t , 1. r ,f j�' a. '. S t °'F C• {, rl. t a•
•pYst'.where` fi/Sr
1
-J+roehip'1 {� �t ` `� ,';. +�y ., `'�'a°Csf�. -j +:�y .r { ^e :�'.SA....9"'- -. "' f -�9F.`9a $ a•r-`.. vi e
�'' t
39 3/'+ easy the 'bats• tra,� hs iinabOve referred tot;thence southe,. aaireet�be�t
east 212 'f
; and folloHag" a benndary lines of 'raid" .ate tract as abows
, .
oe south' - point of eozmenoemsat: _ r�rt �:Zi+r
north 51• = EXCEPTING THEREFR091 that portion thereof that force a part of,ehat is knowa:;ai•_
.n 51.33}' west . •Ycca•1ey'.s Sprlac-9. nnd the whole o! waioh.• t
Spring' ie d scribe¢ u tol s � {
y>:
lqw, 3.
!see. 17? Commencing at ths .eontheaat corner of 8eotion 15, Township_ 1 8ot;th, �
;v Yount Diablo Base end• eridiin; theaos North 97' 50' East'3
feet; thence BortII; +_.35':;tast 354.20 fest; Y�hence BBort
xest 1/4 of 1" 61. 3h•}' East 2265.60 feet; thenee-north 47. 2gf' east 427.15--feel. tv`polat oL _,
- - - --- ,�
tet .t.
Tian, beginning; thence Borth 20 53' west 600.00 feet; theses north dt' ?-,07�.�YaL�-6�:` .` , ,!' 41,
-
teet; thence eoutr 2. 53' east 600 feet; thence south 97. 07' Vest 604 feet to
t Diablo point of beginning.
PARCEL FIVE. All that portion of the south 1 2 of Section -1_.uii
Po / 2;, Towaeni�.1••eoath _
:'�
and which Range 1 West, Mount Diablo Base and Meridian, lgitg Bout hsesterly ead..soltbariT;;
from the parcel of land delineated on the xdp entitled •Yount Diablo Estate
p 1 south, -'ark Subdivision,Second :'nit,' which map ase recorded in the office of the_- {p,'_=
-east corner Recorder cf the County of Contra Costa,State of California,on September''1,1916
3/4, st
In volume 15 of Irapa, page 712,snd of --a County goad run-'ng from tleseasterip
R±
end of said subdivision o -be oint where it intersects the easterly Zine o1 H Off
st 214,65 feet;. - - !
f said Section, eeid road b :be roa,9 designated on the ;. )ve map as •31 Camino
r
66:22 eet;
'.acsajara.° Y_
t:aence North V.___-=x"
Doth 250
All that Fo^tion of the poet mai quarter of tae southwest 1/4 of Section c.
24 %-reship 1 South, Bange 1 W�=t, bunt Diablo Baae and L'eridian,lying south of
south go - '
^e said El Camino Tassajara Caun-y Road !set Pbcva referred to.
-td 32• s.
F;RCEL SIX: 'ze soutc—eat 114 aectica -„ end the 3crsaReei i 4 -
:he point = of Ss1 tz1 n
25, Township 1 South,- Rang- 1 West, ao•.n• =•cello-Base and Yeridian {i -
PARCEL SEVEN: The fractional soutreaet 1/'1i of Section 22, Town9hip-1
Rana- 1 West, 'fount Diablo Base and Meridian.
:`.east 1/4
PAP.C£L EIGHT: All that portion Of the North 1/2 of 9ect4- 22, Townahip 1 � ��•—
,t Diablo o-
9cuth, Range 1 West, Yount Diablo Base and Meridian, lying south of the
boundary of that parcel of land delineated on the map entitled •Yount Diablo
Diablo r J -.
Estate Park subdivlaic=,Fire t 'Unit • vhic..*. = vs ri � -•• -
r ...op led lathe 6.f4 a va tbp —V` - -,
:ascribed - � ;._ �•�'. �._..
corder of the County of Contra COsta,State of Cal itornia,on-Hay.6�,1916L1a
icularly
kepe, pab'e 301,and the southerly boundary of that parcel of land aelimi— ¢ D
the map entitled •Mo=at Diablo Estate Part,Subd:vision,Seoond Dais t trIIlo2r� w
! filed in the.ofiioe of the Recorder o! the.06unty-oL Qoatrs�Coste-8ta
of the : ; : _ .is3q»
Cal iforaia,oa Septimber 1, 1916 in Ulume,5 _of e,3ltage;3 2e,
312 of # � SZCEPSZra SHZA�IIi all �haS�,pQrtioa lying na�� �� ,�
_ret Diablo F Sycamore r
{ , Couatq,Road as dei6i1WBd in the deed sada by #p 7rfd[ e�ca2 t .
lgs thereof-totDe
3, "Yercaatiie Trnat_flos�aaT,of 3a�.ilraaoieoosa aorp�rat3`sn�
no=th " ji ,- -
8 i and recorded"9eptesber2j;1920;in oolame jb9"of
.nin Dee3_e;'ipa -'13
Acct, rim=ing T'FARCSL t
1IIEt ?nn;,soa st Y/� Of� ha 8o`rtieat! z � �
"+�'f � #
awing the sect.on 21', lowashi r8obth ' s u s xs
:nterseots 'illi thapoFW2tDs
aonhwest� 21 !o!n'sh! � '`tt_ -
A
*es�i X
sa1Q ? Bbo
x
3.
F ri 9.
64iiiscicrit -'izk the' a'antierly-boundary linlo of ttip San Ramon OraSt'Which.lino t n•
06 ,q"tt*T Ofgai&900tiou.2, eon
th* Mt b st�
ffl aces, =:a or leas.
wh.
PARCEL VLV=s
Lot 14 of Section 21, Township I South, Range I West, Mount
*0;
is _ 50i
"Isb2o Bass =d Xsezidian.
That portion of the TorthweiK 1/4 of the Northeast 1/4 of Sectl;n 21, Townqhtp No,
1 South, Range 1 West, Mount Diablo Base and meridian, lying south of tLe ore*n 15
Valley and Svoaz--)ra Connty Road.
EXCEPTING FROM Parcels 9 and 11 above described. 1P4
Tle permanent right and easerant to ojrrate a diversion ds-- across a certain
20
creek or arroyo with the right of diverting `food and storm waters, tie provided for You:
i In the deed from W. P. Frick, and Helen Fay Frick,hls wife, to Mt.Diablo Country not
Club,a cc-poration,dated April 27,1922 and recorded July 7,1922,in Volume 413 of Bou"
Deeds, r)aL-- 129. of
EXCEPT1:13 FROI paz_els .1
All exietin.7, pipe linea now c. fnr:1h--r1Y ^G b7 Y-Unt Diablo Park Commission,
s corolration, and Fo7--e Fcn'_at!on cny Inc. , a cr-paration. 'Cal.
PARCEL -.WELVE Pox z
Fortier..-Eo 3ec*,'-.:E ILL in 7o+nehip I South, Range 2 easT.
West,", 11,:n.Lat iiblo
(A) 4n --oz ceni- o' Calle Crespi Road.aa said e ELL,
road is designated or, '_!-;nt Estate Pa-k Oluodivisior. ?first Unit, sour,
c ant Contra Costa,Stat,):
nich zrapwas flied in tie ..fico of the y of saal
of Callifornia,on Mae S:Y!!;, In ^olLe of 2i;,?, zagres 301 and 302,wbIch point P.Out
ection of said center line and
bears Forth East 6c4.37 fee' from t*-e inters
the center line of the E! Cami-.o -lassaiar, Ro?�! .rich said read to also designated feet.
on the said ah�)ve Ten'lone-1 map; tcence fro= sai=l ocint of beginning North 60 230 rear
eaet 594.46 rrr'7'f! 'Rs;tc ;'9 ',1tcreec!i,,jn with the center "line of the
Calls Los Ctllados road; ther'lle e-long the center IiLe of said Calls L03 Colladoe Road
North 6o* 59 3/4, East 172-79 feet, North 15. 55 3/41 east rOO feot; North 210
25 3/4r? 233-F
east 277.26 feet; Worth 51` 474' east 316.48 feet; North 35* 1711 east 214.09 feet; Bout'.
North 210 19}1 cast 204-76 feet; North 13* 43P seat 483-57 feet; thence North 7c•
along the easterly line o" the property 7A-scribed in the deed made by The Hibernia feet;
Savings and Loan Society,& corporaticn, to George C.Jensen, dated March 19,1920,and, west
recorded-in the office of the Recorder of the County-of Contra Costa,State of north
Californla,on April 15,192D,, in Volume 361 of Deeds,page 89., to the interaecti 59.47
,
said east line If extended with the north line of the Mount Diablo"Scenic 34o 21
-as Said bouleTarCis clescrital In a dead of truat made by Mouat_Diably80enio__ runnin
line
Boule"rd:Oompany.a'corpo--ation. to Mercantile Trust Company ofS Francisco,& corpo,
an
-jazaary;I J917'and redoYded ill-th4f dfiice-of the Recorder:of"�tlis
County v stion,dated. Scenic.
of Contra Costa,dtate of California on April 4,'1918 in volume �eald I
312-c-f Deedsi
00 0 Ovbg-alft OZIA evard.. -Mount
,,
to,�hin Interaection-of d north line with the east line 0,f..,t ha ..Of north
Tovqsb1p_.1--_Soutb;- t
3't r
Jaw t—h
%
f, Nff
rtif
0
nisi watt. oast k t &I XkA h
na-loxotT, ra 'well
2 o
',an
westerly direction slang the edater of 21 Camino T' C18jara Countt Road to tha =
x
+ ?ounda of tbaiitsact of land :
f.ntdrsectio4 of said center 1148 with the easterly rY
desizmated on the map eatitleu "Mount Diablo batate ft rk"Subdiroi cion-�6600nd
. I -:: Wk-.
,,, r was iiled in the office of the Recorder of the County af..0aatra Costa,. : ?�
....d.. sap
State of CalifGrnia, en September 1, 1916, in 701=0 15 of Maps, p9_3 312# t4
o4g1, ,
Yz ;o.?r 1' east 600.feet, Borth j 011}' west 112.61 feet; Horth 29o35 3/4 asst
t rte"
��u��a,:iit ul ^2 feet; yo=ih 7c,-54 3/4: wast, 1325.52 fee;, south 32'0 45 114+ Test r I'wt +^•�
150 C+L' west 9+9,32 feet; North 598 17.1' vest 1329.24 fes., aauth 89s I
y, 1 -
1L; 71: wept 370.80 feat,more or 18se,to the point of beginning.
{B Con-encing s? n paint on the west itre.af the southeast 1/4 of the eanthwes
t... ....
1! c Sectici_ :.3, Township i South Range 1 fest, Mount Diablo Bass and Mertdian, 1
=C south o- the t of is?ersectlon thereof with tee :ouch lime of the j
ur,nt :iablo Scenic 3eslevard, 3R =aid bouleva:d is Wore narticilarly described by
S
cotes sod boundsin tr.-at c--tarn need of tract ::.ade by Mount
Diablo Heenia _
Canary, a corporation, da_ea January 1, 1917, and recorddd in the office �
s ... ,.__..rde: or , ,,:ht; .a Costa, .,.o f Califor11 da April 4,
t- . ,f :. ga �,; ,-.enc? fr,.M Paid vc_nt o! � :nnimg para?lr_
.
itn - -re a^_.. _..y a.., line of ant, 9dmt D3p41`�
27a_G, east 3b .`-_ Icrth =0o 45 3144 esst67.2h
ME
_aa,
a':La3 ^c±t _,2- He ••w ,. �.,a R� ,,, {» 3/L:' east zd�. feat;
!-3' i'et; sot.::; 5`0 ?5 3/ul _
f n caP 3,S Doth :# 23 ' dart 52.6.9 feet; ! ..
1_i- -a 1� _-_ 1; 1 feet; south 120 42-3/41 I
i fe e._u_.. ., ?i- s-. za v,,., a.th n:_ �:1 tzrt "2.76 fz
- 1-4
- ; . o X90 ;i + east 49.37 feet; ad:th 59e. w ':
•��,� e'et , s_, _hy, Zsnor... 94*nor. 940 41-3/4'' east 216.92
:ec ',Ort' .90 -�(:-' past77 feat, .,.rth^�1g0 5v' e+LHt-271r 29 feet; IIQTth 502, - '3
rPB. =�,� f:.c , ,,,. Gts »7:., .roe_ :1_tw' ..c,. north J.49 l,% "f", wCei - ,' ` _•: .�
BGut,i Sia �,»4t a* z; £ �.,., nG:th 86° 43�' cast 255.9 fa•�t; -earth 720 i
pact 74.6rest; north 4ya 1'-< 3/`+' east 1;5.85 feet; north 47"371' Tent �. .
;rl 8 - s "
3/4' 233•�7' .2et; north 59a 2:-3/4' meet 115.01 feet; north 740 Sl' weat --3,1 20.f?*t:
' _out.*, 554 54_ /�t' meet Ic9.80 feet; norta 440 58_3!4' 'set 196.50 fact, north; . . r'
39-3/"' west 138._'2 feet; north 730 21' seat 96.,55 feet' north 79033is west-232i
fee`, n- th 460 12' west 69.63 feet; north 540 1124 went 202.74 fact;,
Aorth s6506`,-.
d west 103.37 feet; south 71 7-3/4+ Wast 69.25 feet;'north 76"._33'_west-I"
:T
north 700.29}' west 157.77 feet; north 840 19' west 58.42 feet; north'41wfp west '
:t 59.47 feet; north 510 21}o want 166.25 test; north 700551:.aast +09 47!feat, mirth'
i 340 28,1,+ east 75.60 fest;.north 50 47P weat:tc a point in the quarter:ieetioa lira
} running east and west through said section 13; thence Weat_a.10ng'_8aid gvartar ascii
line r ening through said section 13, 80 feep'to.the-wast line of=eald Motmt Diablo x = ,:-< -
Scenl,o Boulevard; thence in a general southerly direction along efiid wCst 11La,c : ;
f said Mount Diablo.Hcerto Boulevard until said wee t"12ne forms,.Lfia north Gins-of Tai W r
31 as�L,x
ti?aa; Mount Diablo 4cenlo Boulevazd;: thence in a gaaersl�xastarlAdlr6cfiaa along_ hr, y
j north line.of said Mount Diablo 8cenio Boulevard to
the,point of intergogt! Ehruef
With the west .ns of the southeast quirts.- of the sottthwast, rartaro i¢ aiogSa,
{ 13; thence aauth 80 eat,_awra a lesa,tCo the point c b�giaa ., 61 f� -_
all;Ahat_portioa ofiHoaat Diablo 180ania Boula*asd.&qing 1Se 6 s n
Y, 13, Township j Booth,,,Bangs 1:fisat sDiabla Bnsa ., t sada as �
2 x s e 'E t3' �4v ,fxvaez .*ra. S j:
InrQ 20 feet In taSd ;long Lhs aonth'and"d9"' Filip an�evard3
r !ZL`lP3ING from Paras2 12, tDi-ioli6tu >S f - - - - -
(1) The area kaowa a•+ ■WeCauleyls;eprine. described as.-follm: 0omaiencing at the,
I southeast corner of Section 15, 7otmship 1 South, 3aagerl Last, Yon!►t Diablo.,
II Base and Meridian; then-* earth 970501 east 354.77 feet; thence Iorth 56e35+ east. ?
354.20 feet;to
north 610 314%:ast.2205,60 fee:; thence north 470241 east
i 6^
427.15 feet
}Lo the '.coin*. of beginning; thence nc:rth 2053+ seat 600 feet; thence
r-.
north 8'07' east 600 fret; thence south 2055+ last 600 feet; thence south 8707+ .
700
rset 600 feet to the-point of beginning, ccntainlog 5.26 (eig..t and twenty-ala
545
hundredtba) acres more or less.
(2) Rtght of way described in the deed from The Hibernia 3avin2e and Loan Society,
4
a corpo�atlon, :a Talrr P..Frick dared April 5, 1'920 and recorde2 Apr11 15, Iy2G.
(;) z....--ting a!1 -xistingplpe lints now or formerly owned b? Mount Diablo ?ark
Comrtesimc d Rose Fo:tndation Con:pan ,Inc.
ALSO szCEPT1I5 FROM PARCELS i to 12 any portion of said parcels which lies within Y
the road known as Vount Diablo Soenie 3ouleoard.
ALSO C):CZPTTYG .'C3: F-A=.CELS _ to 12 right of way over, along and across Mount Diablo;
'
Tai! Soad as described :n Ceed _`ro.n '.cunt Diablo Seen:� 3oultvard cam-Lany, a
781--. P. e'..-. re;,rded la 701ume 376 or nee.!$ pago 171 'he t-
lines for ..._ v7.':_rnl8hiiln and d*- .._c.ztlon of
^ .. .. ,. =.Fri ck and Seise Fal 'riot ..,
- - -- n. __co_ded lsrc.. 13, lc25 n "dlume r ..
lY _
FuDd rad Ninetv (3,0), Three Hundred
_ ...... _.._ , ........ ;2) .Thrc;; ;?,-;nn_ed winety Three (373), _
_;ivn (3>:), Three c; Bred - -
Il:ze •:_si7c (396), ` :.c : .r.drad t;lnety-Seven�(397), ThreeHundred Ninety-Eight, (3051,
Three nd-__ „) and Fn,-- R�s:dred (400) contalr. _ 59.27 a;ree,eore - -
_r less, a= __ .;u-Led .. ::c map ent-it._ed _c nt Zlablo Frtk Subdivision,
x econd Unit, a portion of SectlonE 22 and 23, T. 1 S., R. i A.. Y.D.Y., Contra minute
F:
Costa County, Cali_,rnta", which zdp was filed in the office of the county Recorder
',- o County of ContSa CostR, State of California, on 0-ate-ber 1, 1916 in volume ! %" twenty
Y.
15 of Yaps, at cage 312, and particularly described as follows;.
Commencing at the southeast corner of lot numbered 276 as said lot 1e delineated t :.., (370•x^'
} + and so designated on that cei:ain map entitled ■Yount Diablo Estate Park Subdivision„--.- Rest,
1 teinin;
First Unit, a portion of 3ecL.ons 14, 15, 22_and 23, Township S., R. 2 A. V.D.U.Y.D.Y.,
7 `E Contra Costa County, California■ and filed with the recorder of Contra Costa bounty, ,..
_Q California, Way 6, 1916; thence Borth 8 0 1 4+ to 'E
9 9 531 asst 276,72 fact to the pole. or
beginning; thence south 0021+1+ AeaL 695.19 fast; theses South 590 MJ bast 975.37 feel' South,
.thence South 750 4•i+ East, 1015.29 fest; thence south 700 54 314► East 1700.75 feet;_4TT. Callfor
thence South 72011East 503,50 feet; thence north 170 491, Eset, 600-feet; thence+ ' TC
•+
1 north 72011if West 496.80 feet; thence north 00. . 71 jCouatr,
9 7 54,'3/41 Aeet 1 6.02 feet; .theaae
north 750 491+-West.953.98 feet, thence n0rth±.5901791$ Veit 1243 46.feet�t0.thI Of ' .`D1ab10
-, - of beginning, containing fifty-nine and 2 i'Mouata
_ B g, g 7/-00(59.27) 9Aie8, more or �^
PARCEL 2' a .� x hof this
'=r _ _ Cif. ��- �
r} Lots Four Hundred Dae (401), Pour Luadra¢'2w ('302):�lo&Rundred;thrta t 03nv—
) Aeat,
Y:
tr0ngha
Your Hundred Foul 7404), as designated oa"thetmap entitled aYOunt Diablo BetaEe�`pdr1�� -
tiry a.r > x y c x^ r f. 4x appurt>.
Subdivieio ', 9ccoad mit■, apo tion o Beationa 22 and 23,E 2f8N r'13A
Contra Costa�0onatp�CaI!#oraia'�,which map waWfileo4iaxths 83#i'ua afrthe Couaby 9 y
y � "kid v»3L, ,, tS�.A!!,� �v.f��F�y , i trr u ,$ 1, - •s^ ^xr r i`r*+�,{;;yam{t,wz n .ro v a`3 a _.--
3,�
Y
7!r-
♦-.. 77 ,777,777777-T
... .. _ -..:.
of t e Caenty of Coctr? ,cLa,Btat^ of Californie,on $epteat*aT I,I415,1a \ y,
n„ .. ..... A:
15 of tlaoe, at o '
- pslz^ jI_,;iescr_bed II9 follows:-
a
Commencinc at the southeast corner of lot 176 as above described: thence north
La=t 604.37 'set; t arce no: le 3/'t' -ant 7C.30_ fawt; thence south
5;° 17' Last 13240,.2* feet; teence scut:. 754 4yi` _-:at 392.71 foot; tLc=e south
r
7!',a 54 3/41 EaSt 56.61 feet to thFi point of beginning; thence north 4?* Mast
j. 6 -'=et; .:ence south 700 54 3/4' East 1325.52 feet;thenct south 29` 35 3/0 We6t
thence north 70' 5" 3/4' West 1452 fest to-`Se point o:beginning,00n-
.7
s� .n'. 9i%-u"1 (1.- ac.as, .-ore o_ 'ese. f :
E1 b. w
_ 'N);I';C .,: .:e cen ..ta -o r nr 1.1o. achurdred and serenty six (176)
s
"" :e'' iot _eiinsate ;7 ... .__i:na!ed on that certaic cap entitled,•SFoust Diablo �•
. .-_. •.t, _ ?ort-i._.. o,.Sections fourteen (14), fifteen i _ -
tp Cn= (l) South, Range One (1)
_=--.r. 1 _.^.'._.' an ^tiled wi-h the-recorder of
tvt-; —ence LDrtt eighty nir.s f??} degrees i
-n.-r�, _a ea:anty six and
.i �'—.��) .... ..�...Y•-P- e,.+;B.,tA en 3L'1 _'-- y�,'1.-Tar i !--
�'� -. .. __ ... _ _ -.. —. - ,'/J� -e:rye p, •.tY -n2aa�
:. 9 '1kir''e:, ?mz! a xtCe.'. me. ;2/1001
nd une hal! {11#}
_ ;
east, s-11
_CC •1 nal +#\ minutes rit.
- .E• . .. .:: ^.e f,ll , 3fir�� � T
a� -_ <_ - `as .fiance
_ fLY. . .. _ - ..�. _ rpd one .. /104
I>at: - - - ._» Ctce '7`i -egrees ;'jur and enc ;Martex. { ,)
"::lt-s vr'et eisht h,:n^red and ninety tic a-.d 71/100 (192.71) feet; thence. Horth lift
._.a, \ -;;rees.sc-ventPan aTO one ! Rrt=r (17D ;,1n_*eq =_!+ t_htrtsln i,,,-.dreg -
<ent, nineryan� i4/1C•O (1329-.24) feet; t2.ence South eighty nine {gg} degress,fifteaa
:.__...-..M
.-.... gree quarters (15 3/4) minutes hest, three hundred and seventy and 80/140
4=70.3x) feet; thence South six (6) degrees, twenty three and one half {23}j,mintttaa
vsst, six hundree and four and 37/104 (604.37) feet to the point of be iani col%-el sixty five and 43/100 (65.43) acres.
-
ITLli _ -
3eina the Northeast one quarter {yi} of Section Twenty six (26),Township�One (1}
mouth, S ..._,r
ange Dna {1) West, Mount Diablo Base Yezidian, Caatm Costa Comfy, �� -
California. Containing One Hundred and sixty (160.00) acres of land
TOGET?PR with the right to receive from the present line of pipe of Haunt Dlablq. V
- 2:.
Country Club, successor in interest,of Home Fouadatioa Zao a oarporatioa isttd ygti
4-4
Diablo Part Commission, a corporation, lead3ag from that oez~taia spring kao�nik�ae.
t 'Youataln springs {sad more particularly dasoribed 'under Item Four (?�� Paroe2� "3
x x yl
tof this deed)'-located la 5eotiaa fwelve (12} awarsh£p0ae ( } ' tb Ran '
Yk " t Xeat, Yount Dlbbldr Base and Mai IdlSir,sntf101901 mi� !fir
� zk US
t" trongba -tor.wateriiag` etoct.,pasture upo+1niamrzerbix4bCfore de r3�bedgpropeit'fraa.
!x_ + appar Shen,e�to 0 a 2tn�and, as a�sam_eat.runnt2txthe�
. j1 y�s
v#aa�,Y A�Y•.�. ,I3sa;..at t'Y�, Y �a S .-,r. <�.:
ti
The area known as •8llver Creei Springy described as follows: Commencing
Y;
oa the.•eaeterly line,ofvAhe=Rmcho=Bangiguel:as shown oaU_ S. Township platz,
q where-game is inte:3ected by the north line of the south 1/2 of Section 1, Township-
e _ l South, Range 1 west, UOUnt Diablo Bade and Yeridism;thence south 87' 39 3/4, east
593.35 feet; thence south 37' 10' essL .160.23 feet; thence north E6. 15' east 212,29
feet; thence south 14. 251' east 150.35 feet to the point ofbeginning, thence south F?
51. 33P west 74.06 feet; thence sout?i 3x• 26}I east 600.00 feet;thence north
51' 33P east 6c0 feet; thence north 38. 36j, west 600.00 feet;thence ecuth 51• 33P
}.,. .
i "at 52r.94 fee* to the point of beginning, containing 3.26 acres, more or less. 4...
• t
ITEV
The L:,n ,n n as "ltcunt Diabic Scrnic Soulevard,• described in three parcels
a6
PARCEL ONE!
ONE'
The atrip -�f lac^ sixty {60) feet in width mown as and called 'Uo,,mt
Diablo Sc_.._.. �^ul -moi ,ea.'._ .rpm _ point in the ce..ter of "klaseda ._Ia.lo,"
:. _. z.-__._e3 "M-onUnt °Ji �i� Estate Park Subdivisior, Fuss Unit'
which map-ns fil•'_ _ ;ftcp .P t're P=__nrder ._ ','xant; of Contra Co=sta,
State oz ':ai__ _^i^ ..-, volume25 o: naps, at page 3-Ol,) eni whict: ra
_-- *r-.._ the .. .hra
.__ .
a carn37 '
_ _ .-__ .._ '�. y_._xci=i•,..
and r -._in in _ mineral
`a.2e 1 -.
•i:=�� Ab=c:;° n-.. _-.. :�>'. x.d'.' ::e:•fain _.tele _n __ctfo.^. ?b, ...:-na.�ip 1 .
_ mac=
re 80e7...`te I _:.cribe 4 et=
i. -z,t �,arcel _ :'? 'ezcrl.,e ... '.z? teed _.._ X. -,. v�itch to ant Diablo
c ?ouzie t, d a k^ ' rri ra n d 6 � 5
9reni.. Card Corpan„ c Eebr.�ary l,; .la,a__ car_ _ December „l,ia,3,:
val--rse X32 of 7ee?.8• at as f011ows:-
_-:ir. ins s' tae southeast corer of Section 36, -c*nship 1 North, Range I pee*,
count Diablo Base end !Leri-flan; thence along the Past line of said Section 36,north
iO4.20 feet* t:_nce 'paving -aids cast line south 73. 411 3j4' west 372.17 feet to a
point on the south line of said Section 36, thence along said south lizeecat
356•�4 feet to the point ofbe¢inning, containin?0.43 of an acre more or less.
i
•To have and to hold, all and sing-alar the Pali premises,together with the ap-
purtenances,unto
p-
purtenances,unto the said party ofthe second part, its successor& and assigns forever ..:-
# ;
=•: � for the.uses and purposes, however, of a right of way for the said toll road of-the
.. f
party of the eec„nd part as confirmed and approved by the action of the Board of. . ..:� '
..,...... . . .
rr
Supervisors of the County of Contra Costa,State of California,and fo; the appur»ensu-f
ces.of said toll road., Should said property be abandoned as aright of, way for said .
toll road at any time then the said property is to revert to the party of the fireF
part, his he 1- or assigns.s
2. Those parcels of land described in the deed from Franklin-Conklin tt Nouns
't4'krg� .,r t :. _. - S r �r�-- §:s .-�" a.,rt-�f�F'�t,,,n,:3 7s�°7 v' rz'C�.- fi'$�•: "� `
Dia I* boonic Boulevard Gbmpany,dated'8eptembe:r 10,1915,-�and reoordedtDeeember- i
1916, in Volume 282 of Deeds, at page 269, as follows tic er r« x -
-`�a,� ., .� �^'a 7k`."` n:e21. :.s.' 3°v.�.�� "r4r�5�•_i�35fiY
�a) Beginning at a pit�;line cls Lhanort$wset carte: oi"8ectiaa
o IIiy l;Son h, e y'}ilYas .out► able y} andall wIIii�Y
iha�oth�es •corner; eai 8e'ti io a"araano tb p 6n ,heaoa� t
VV _ s :2 �etThYei7�q
vs _ qng r. ersr weeo'i the °rtmre tar 's ctT
�} AL. nea�in�ea• pie _o tFiies _ 'ofBEct �._ 5 16�zeas.
r..
81, 3 feat; thanes north 0& 79i' vest 150.39 feet; thence ao1ZD 74°48P rre
PWMW
v
'6.67 feet to the point o: beginning; containing 0.21 of an sozs, mora.elf asst.
(b) Beginning at the northwest corner of Seation 60io}nO P 1
Range 1 East, Yount Diablo Base end keririan; thence along the vast line O
section 5, south 102.10 fest; thence leaving said - et line test 150.00 feet,` I
(3
=� t,-:ence north 102.10 feet to a point on t'ie north line of seetion'6; tbezco Along iz ;
said north line of said section, vest 150.00 feet to the point of beginning,'_c r
tair.ina 0.35 -res, more or lees. 'Y
i 3 '
EXCEPTING THERFFRt?fi: '- .c-a rr;�,.,�::.
";at potion of Paid roadwry whichlieP within `the Take• and 'McCa•_iley Spr1he�'
in section i'+, 'osr.ahip 1 euu*.h, Rar>ge 1 seat, :fount Diablo base and lieridtarr, end
.._.. _nortion of the road- wh.cb liea within Lots 254 and 255 as designated on-the ( ..•- .r '.
titled *Mount Diable „_'s.. Park S;:bd!^iairn first Onit3 which mea was filed-
in t:ne office of the Recorder of the ^ounty of Contra Ccata, State of California,
a, 1916 in 4c_uae 3.;
alcr_r and z.rsss Y^unt Dlah2c Toll Road as Ceac.iaad is the _t -%
r
. ...M > Cin f an=_ _ _- '._._ G v ^r- oraLi ^.>'.o Cal P..Frick, (P(
'7 - of De-19, at 34 ,.-. - ^ctlon, maintenance til'
�1e 1tgee _z, _.:e .ran,a.asi r .,.._ oution of electricity as provided for in
_ ._eed ;.m Walter ,P.it i:.. ..-._•:x - '. uc,f f _ .;:ia 3.... o,iectriC i - : :
o:.z:io: _ :*name +80 of Deeda, a: rasa.
WWW
�.._ r3�.- of fine o` '" . . _ ._ _. ..... ._,.1, .. _.__ :'o.iaws:
:e- o .1: oe sale,.ted 'ay she
-='" - __. •__•_ _..- ',k° ,`}c 'n-o:.._7.i °a+Ht Enid wires
sr. _asnaaaeA ano as n i __ .:oc int .,___ -with the use of oaid road
y y.
"T.^.e r;F7':t 7f ingrea4 and e;•resF '^e^cin g i
_ �a':-� . shall include tis right to t
9•:a,,l :o_ .... wuapzs. trarsportiag '
r.e.. anal -a`c.ials __. __ :..-_enan__ __. :apeo.ir,-, of Bald ete
No roles are to be eet cn the z_. --t cf wcy hereby granted but tue.said.afXsi" ="
-...-.�
wt_1 be sus^ender from poles located on lana adjacent to the traot of land-be s
d.scribad."
3. Right of Cay for a ogle line for the transmission and 3letzibutian of
electricity es provided for In the Seed from tI.P.Frick and Berea Fay FriCk, hla_sL*a -= {
l to ?ac!fic Gas and-Electric Company, a corporation, dated Warch 12, 19211' $ r
�_ -
kprllT'
7, 1928 in Volthee 132 of Official Records, at page-2L16,'the Iitte.`�ot.6$idv'po�2s'�s�,�-,
cr,eaing the ]fount Diablo Scotto Boulevard at certa+n fqoints "-
A perpetual right of v»y over the said strip of 2aak60sa as sada
•Yo nt Dirblo Scenio Boulevard! described me,follows t- '
x_ (a) Leading from the north line of El Camino Tassa2are, (ae dealgiafle 021,
Tmap entitled "Yount Diablo Estate Park Snbdivssion virsE Qalte;mSloD eap„l4a
bi fi
r in the office-OS the Recorder o1 Lfis OouatF of Goatrs4'osEa at "a
Yap.6, 1916,_in volume..Ip of IIaps, at page 301} in a geuerRLha`sa
s &Cross Lot& ij4, 175', .6 and 15�,�4ds's lbsa' Qi
rp47,
Qra3-tti2?II Q.ti$iJ', Z=.GrGL�.f2''
,, - and(�1sOordad Decs� yy T.3°,2 • Olttass .t� O -
R��9y`•"'T ,r/= �$��„��”``� �'".�`" fid=
Calle fOrep!'as'deelgsaEsd�on�ths�
r, l�.an�5 e�C�e if Yclwt '•aug£,_ �' }`.
f: -
�• g
rw
2orth40" fae. a •idtb-meso _ d 'zoe� 3' cent z, thas inclt:'ingLLa►-portion t
of Lots 157; 17d,,180,J81, 1x2,•183 snd 184 is-deeU�sted on the nap aDoie scent "
sxlQ hertion of"Lo.:;76'as`deegnateQ=oa-tha pay entitled •eotmt MaDIo lstati ^°`",
u•
Park,Subdivisi,a Second Unitl which map was filed in the office of the Recorder-ti
of the County of Contra C3sta, State of California, on Seatember 1, 1916 in Vohxp
15 of Yaps, at page 312, and u portion of the northeast quarter of.Section 22, i—
and the northwest quarter of Section 23, Township 1 South, Range 1 West) to
Calle Los Colladcs >s designated c-- the map first above referred :o, and contlnuiag, i
I northerly along Calle Los Colladoe (with a width along Calle Los Collados of sixty
j ($0; feet- origine.11y forth (40) feet in wilt:- measured from Its center_, thus
including a portion of Lots 220, 221, 222, 225, 226, 229, ?--0, 233, 23A.237, 238,
=t2, 243, 2'+8 and 249 as depignated on the sap flret above referred to, and a t
;�o.tion of tte east half of the nor`hpaet q„p�ter ^_f section 22, the West half of,,, ++
northwest c-.o.rter c. Section 23, and the southwest quarter of Section 14, township_ �
i 1 south, Range 1 Feat) to tLe nor", line of said Lot 249 and its extension eaeterly. �_
(b; -_,.d!ng 'rom sal.! north line c_ Lot 249 r.md its extension easter!;, `!
no:t;-:erly and ve=:�-r a-or„s the so-.thwast quarter q: the _ou'_hwect quarter of
Section 14, ^ownship _ Scut:, Range 1 West, .c toe east _.ne c_ _owe 254 ana 255
i
7.-.7 _ -- - 3,r,ve re'.er:a3 to.
_-s _ i c, ea= fir• Lot= z=.- ane -.. , nr+rthweeterly scrcsn
sail Lot= ami ? tit th,. _rth line ,f Lot
a, NEEL-
f h line o I az t 1s -- --._ as 'Ths Lake' port-erly
across ....-_ t.. i.: :�_ :._.cel of :an•i descrlbad ..- '—_ i•y,;
I Ron
_r_... . 7Iabin _,_�.._-. �_.,c, ...-�r�t..._• to W,?-.ri•cz, aate, rune 2U, 1y3;, mad
sf cf:!cial -ods, s: r.=E” 7?
KOM
ros--' south ?in_ of sa-id parcel- o lana aescribed in Volume
- ley Lea"; a--_. ...� - .. � ,
161 of ^'t Lclal Reco_as, a n abov referred to, easterly to the eaat lima
i
of 'The Lake." i
(f) Lea•i,nt from the west line o: 'XcCauiey ging", easterly to t're east linq-
o said "L'c;�:slsy Spring.
EX CSPTIHG FROM PARTS "d", "e" and "f■ above, the right of way over, along and acrass-W.,
Mowat Diablo To!! Read an des:ibed in the deed fro= kount Diablo Scenic Boulevard.,
Company, a corporation, to Walter P,Frick, =ecorded- in volume 376 of Deeds, at page.
371, for the erection, maintenance of pole lines for the transmission and distributl+
of electricity as provided for in the deed from Walter P.Frick and 'Helen Fay Frieitr_`��
: .to'.tbe Pacific .;as and Electric Company, a corporation, recorded March 13, 1925-A
Volume 486 of Deeds, at page 364, the route of said line of wires across said land
-r ollows:
ebe2l=be-as f _
=•?'r' -'Over and across said Tell Road at such places.as shall be selected by tIIe;'��=-"
-engineers,of,said-corporation, its successors or assigns,'provided that.said AN
wiree_y
s' shall be-,so suspended-.and maintained as not to-interfere with the use of said-road
for.vehicula_ traffic
1 = �wThe�righ► of Sagrees;sad Ogress orein granted'+ehaTl,yiacluLe the right �a
without ion, said Tell Road`for the purpose;of tra.sportit
inrther consideratig
- 3. 3 .sCi-sSt �-e`•�c f. ,2 •._ `�"...5 - ,��- ..testi.-� ,.f�M1 .. .e., y'�•-.
aa4-_tL filals fo tLetrucLi0n;meint- oe=and lnspectioa of@aid:eleoLrS
ran V.16 no Y
*1 ai or t sa na�tha-rightrb `wa ha eDy graate3 Du L e 'en d
ad if os ole coated°ton;land::adjaioeat�toethe:.root=o land°hes
sor ;
�'aa •n, h ergs"*hatso
a:
:iau
move menti
,. of icgreSs sad*egress ss resesirsd SA for deed !!am Diablo a►catlefCltd►N .< n
a oorposstion,.s4 a : to Claim Ois> �; �t Ming stita. s r
7iecorder
and recorded December 14,1925,in Volume 160 of official reoardirat;yap in Volume
127•
nn 22, LICIP111fG 1RCY PART B 484 anc: NfN a.11 water rights and rtghta-to ds+sioNito
Nesters as reserved in the dyed from Mt. Diable Country Club, a-aoryoratlaa.
continuing ! 8 ` � =.
e to ag �. P. Frick dated Sun0,_,o3, and recorded Drcee-_ar 14,1925 in Tolwo 261 of 4 y
t
;a of sixty ?' , _ z
official Records, at page 78:
-, Lbur. F_XCcPT1ZC FROU FAn- NAN the right t:.at the pui-iic or any- adjoiuiag pr0portjM1
a
.237, 238, :)*-.,r may clet y 1
it an poz"ca of Gala etri;o lying w!t�i^. and Calls sp
nj '•
a an! Cilie lo= --ollaioe by reqs-nn of the filing of sal'- zaps of Yount Diabld
half of _state Park S.:bdlvision Firs: Grit and Yount Diab'_o :state Park Subdirtisiait-_.-
,
township _
Second Unit, a^^ wtric:r filing vas an c`.'er o: +edication of 'said Calls Creay3
)n easterly. ' ani oFll. Las C.^lladoa s= o+;;^i roads. , __a,a
:a' %� ac_ . lane ka,)wn as and called NYount
Cer Of _• __':3_' , " iris.^_ t2`- at:i} Jf land�des cribed i4-
a:a 255 _ Se^.i_ns 2- , 7ownrhip 1 9-mth: Rmge 1 Test,
_ ..
7! .. _. _c:. ., ,a.. .-.rough .ne Ranch^ drro7o De bre Ttn....
a^ress � °r,_.�n- 1 u:,..-.. _- '_.._e,ra:d tae -a. = :_,_ nap =ctltled .
Tract,' w4ich sae sea -
,
",_;,t; o Contra Coeta,etate of i -
n__- sc age 153) to the line between
ly?d, Sad. _-, _ _.. _... _ u. 20unt Diablo B:Llevsrd
c :au?u ;aid Ra enc an LhrccgD aI-id
i'_ s-u a 3i... 'ty L} _ on e iu Yost fable 9onleia =
ilia
i. _a%•* =ay ever, nloac and _cross Mount Diablo toll fined ae'deseribed
ne east !Intl dee' 1o::nt Dieblc sc_nic Boulevard C^mpsny,a eorporstic_n to ialtes
rick, __corded ... :'olvme 375 0' .neda, at pegs 371,1or the erection, main- `'- >
and acrosscenance of polls lines for t'e transcias:on and distribution of eleetricitY as
3oulevard Provided for in the deed from Walter P. Frick and Helen Fay Frick.to —7WPanif16
s, at page Gas and Electric Company,a corporation,.recorded March 13,1925,in 4oiunee_ -0
i
dietributioa Deeds, at oegn 354, the route of said line of wires across said land sball'lsa'_e1F;: ;,`'`
follows:-
19
Frick, -
NQver and across said `toll Road at Such places as shall bi aeieote�
1925 Ice S = �
engineers of said corporation, its successors or assigns;provided'!
,aid laced i po ;
shall be so Suspended and maintained as not to interfere with --i tine Ot ssi3�
t b the ; road for vehicular traffic. -
Y -
s _
*The right of ingress.and egress herein grsnt �ahall Seal a
;id wires ed-
use,without fur#her consideratidn,aaid Toll Road for the�n;poeea o
;aid road 1 4 y r
i; men-and mat"lale for-the doastrnctioni maintenance aa3 inepaat y ji ,
tzrnemiSeion lies �� '' k' I•
3ht L4 -
�' NSo poles mato ire ee ns L iY h�! eby iuit' LtiQum
`. T yr F .�€-'sas
'*free will oa as � 0 -
spended;fromoleq Soo�at onapdadjaoea
hereinabove deeozlbaAi
'"�" 2�-•RI t•.:" .-sayai'` the•-tx e o
s -`• �' ' � •Svc •�� _
s .�zovid th de. zo ,� ieib
� XPscifio:�:ase A eoiri' Oo,epariR" •ud -
J
Go
o aad.mires across bald land;oaall 04 es fcllvwat- _
�{
*Beginning at a point itt'the southerly bo=dary liar 3f loi '47 as dlNpsfi�i;- ;
! on the map entitled OR. M. Bu gre/1 Coapsay"s lisp Io. I, Yonat Diablo coal:a "
4 Tract, Contra Coate County,California,a which asp was filed in the o-fioe Ofrt2
P.ecorder the County of Contra Costa,stote of California on Nay. 6,1912,in Voltti
v" 1 7 of Slaps, at page 153. fro:. which a stake markin4i the southwest coraQr of-sfld_ -
x7 beara a.;uth ?j• 511 most 80.1 feet distant and running theeee south 23e
jseat 386 feet: th,:nce south 17. 58' east 1954 feet; tbeace coach d' 561 we at
1640 feet more or leve to a point in the southerly t'oirlazy line of lead• of
L `
vount Dizblt Development Company. .
3_ The right that the public or any adjoininc property owner may claim in my R,
perticn of said strip :.f land lying vital. said Mount Diablo Boulevard :
by reason c' the -Hina of said map of ,cc r.t Diablo Boulevard Tract, and which !:
F'
filtnc was an offer of de+lcatior. of Gald Yount Diablo p-)ule.ard as a public reed.
1"reealy subject ho9e7er to ea_xec for fiscal year 1930-31, now Oonatitutln
F -: =.ainei the "?reinFhora 'ae..r.,,�-, prG rtq b et d_e or ,'_le.
�`st G..tai Czt:a_^ 33tel Nov.
deal __:e^ba. - -.- .-.. [.io=r 7G o' .'f:ci =ec...da, paT 2+,:cntra AFte
40
_ale :.n:. _Ae__. ed cv R. wife; - e
_ .;.. S:oci^ty, _ rat!.c ;-.
n, -- 92 .:2 _._Voavme::_ of tte �-
oP' :P�; j$110.�.. .•J'V% _^.1!4r9 evi.^.encad by LaJ
. , ur�.rii 'cr-
0 - � nty 'ho:ot_- .: -.... ) jeand
._, rE, __ .ectivelv,h-nri^_ _ate nf -,.sal _.,r'a-nae, wnieh said _
and dr ._ aj e•:t;Jzd. Lc .-.elr true
. n G :.'SSi.V s'.,�' !"• ..t t ce 21st --
_ a rf
day c f ay,l9^?, :ecor„ed 112 2 ,i}2 in Volume 131 of Official Records, pate G
4 C
z -_ and ::ads an:' . azecaced by W. ?. prick and —we1en {
Fay _r!,Ic' ^i wife, vo MOUNT DIABLO�D'e:VELOP't:F1T COMPU1' corooration,to secure
e p:7;yre^t o: the rum _ Fort' 'h .ac .a rTT nnC. �) _clla s, evl.'.enved by one,
r-
promissory note bearing even date of said mortgage,wbich said note the grantee"
herein n=cd assu=s a:.. ac. pay ..rd'.-_ its true tenor and of
_ IeCt.
- l ASO eUR'faeR SXPR:SSLY sUBJ?CT to that certain deed of tract dated Sept 8,1927;.
f and recorded Sep*._ 19,1927 In Volume 112 Official Records, pear 3,Contra Costa
w
County F.ecords, and made and executed by Walter P. Frick and Helen Fay Frick,hl :%
wife, to National Bankltaly Company,as Trustee for Bank of Italy Natlonal'Trost c
ti
the
and Savings Association, Beneficiary, to secure the payment of the sum of Biz .
.-� Thousand ($6,000.00) dollars, evidenced by one promissory note.bearingJecea
Rao = 91_ o
of said deed of trust, which said note the grantee herein named assumes eze:
and agrees '
r.
to pay according to Its tree tenor-and effect. }}'3,1c
:. {:.Cal'
AND FURTHER-EXPRESSLY SUBJECT to that-certain deed.of:trust--dated-June-12 9.
recordad June 19,1928 in volume 72 of Official Eeoorda, page 253sCoatra.Costa s3 f mni.
:s . .z and
County"Records, and made and executed'"by • PFr1dn"affi Heleh'Iay lricYKhi -. +y'
,pw _ -:.. - c. .+.... ... s ayi'..3; '.cf : ..xa1
National Baakital Co
y Company. Bank 6t Italy !(ational *rust as y ��
Ys� mote
Savings Aeppolation, Beneficiary, to:`seeure the ea V.•af he sum of 81' Than
a
` ,000:00�'dollere :e�idsnc D> one�promim not ba .e a=o sax
De -L s chsaid.:note¢'t .graate ho"'e'' am �a _ >� -
,t�i col<lilagf t
rue' 0120`.,d.off ;
> maIIE
a 7iba teneme s�'ly9 •a`p he�.
71
^tatad rseait:dor saQ`rsq*jb �ess.rsat*,Issus• sad profits thft."C � s�
+rd .,_ .� e' ate;2'1�`i�1�Is1llltt-'yvNelf101S�02E1! 11DQ'QQI�' �kNI��Nl�7�!�` .� i
f the as in sanit� 'ot tlt� said'parties of the first Fart, of#I or ZQ Lbs aDO!! delettiDa¢
?oltas i prerises,and et OTT pert or parcel thereof,.ith the ap{uxt-asiia+ll..
aid Lot _'. •0 HI AND TO HOLD all and ein,7v13r tis above mentioned ate dsscriw gresiiles, _"
a:
7 tocetha with the'appnrtenancee,aata the said parte of the oa000d'4►art;7ifs
ad aasigna forever. - '-
Y\ '. ZS wIT3w�JiRYOT, the said p:sties of the first pert have hernata_set thaAr
Y98
f' •�
hands and seals, the day and year first above written.
in any s, witness:
7. P. Trick z:s -
E, Claire Simmons
Helen Tay primo[
,h State of California, .•
' e s. �..
road. .; Co<--�:'y of Alaneda P T<
1
Ming: t-= Cn e i"th dap of 3uly,in tie year one thousa.d sine hundred and thirt
.^ip0 sM
i_ before re. Rallis Yelq::olnd. q Rotary Publicin and for the County of.liazeda,$$1ds'�-� `-
,� ^issionAd and sworn,personally appe X.-.i.p.pzltsSt _ -
;a ane clan Fay :ricx, x",3,w^ '.a ne to to the persons described in and whose name R 4-
elfe s ecr12s3 a wi s*r :.r^ r.ey s4Knowledved to me that they executed _
! - -
o xy ,n w_*.r.ess v: er_o:,' :av-_ ...:-eunc; ert ^v 'nand and affixed my offioial seal,the. ,>_=tk
gbov- <ritten.
-- Kellieeixsoiad,
maid _ _._., gc+era Pubiio is and for seAd.
C.=tr of Alameda, State of Celiforn
t=to U; ::os:=:fission expires No 32 2931
es< - _',n..<. cs.a Abstract h '"ltle Co. . :tulp 21,1910, at 2 sin.
..9
.,.pled-3M. Coepare�- 2oeW,p.0oeumeat
i2n County
_ -
A f -
` THIS INLESTURE, made 2As4 dap of July-, 1.0,1930, between P A1.Sa-gezpj&W---
his !_
trustee as hereinafter stated, the party of the first
part,—the party of the second-Fart:_
�� II
witri64aethfi,. theses$, Ieaao hman, and. Rose 8 lzahasaa, ?tis wise Y
}' executed a certain dead'o! trust bear g date 3nly.29,1926,.anre
eord
3roes
,�: � � 3,1926,ia the office af-the-Couatp Reoo er 6f the�Couaty of�Coa�aTt3o - _
Californlaia Libert of Official Records, t page j4g,and pagesifolpltla
�,192a `
t ! which they comeped unto said pasty of. the�fi st p , l•S tithia suaoesso
t j sad asei s -fes' « e`
! _ 8n upon�the tzaata tha�zei ezpr"essa4�,._ "the,�{ca3.: ;'o � '
wit �particular21 d� eo�'�rib ,. at�zira tft AM O Bexgersitr�7S t
nota of`
said
FUtse�``, f �a "'ansa
dolls; o tAM-520.
R
SON
ii Urn=
J
aa,
ao A
sad-
ya
�. aC` s R .F V• '� Y'• v�;< c .
_ Y
T 4
xhibit B
Exhib
it B
........., --- ., y...w+..r -yy...-... ... ..-.. ...-..........-,-.... .... .. �eiw• •.ener.c.,
as to an uMlvieedIf interest sun Tonder Strand and Solvlg Strand, his wife, as
_Joint tenants, as to an undivided * interest knew o me to be ttarer*n.mr w1hose
name are subscribed to the within instrument rad aekaoWlriged tf sr that they
executed the same.
(((NOT IL 37A L) Rose Sh*ward
Notary Public in and for the County of /
My Commission expires Jan. 23, 18 Contra Costa State of Calif orals.
Recorded at the request of Cont Cost* County Title Co. Oct. 79, 1946 at 30 tin. Put �"
3 c1clork P.M. -4- Copied-RA Compared-Hook-pg Docnaent-:
Ralph Cunningham, County Reto>ri�. �
o.413801 DEED
Eo THIS INDENTURE, made this 10th day of September, 1946, by and between Xt.Diablo `
evenue i Company, Ltd., a California corporation, hereinafter referred to se "Grantor", and
Stamps Stanley J. Smith, As Executor of the Last will and Testament of Walter P. Prick, tars-
squired inafter referred to as "Grantee",
WITNESSETHt >s-
WHBR81%3, the equitable title to all of the hereinafter dome rib*t-property is »•.
vestad in Stanley J. Smith, as Executor of the Last Will and Testament of Walter P. et
Frick, also known as W. P. Prikk, deceased, and the record title thereof is vested
In this Corporation, and % -
WEEtBA3, said Executor after prooe*dings duly bad and taken In the Superior
Court of the State of California, in and for the County of Contra Costa, has sold all
of tSs rigths, titles and interests of sold Estate in and to all of the hereinafter
lone prooerCy, and
..rihaL
- W%SRF.AS, the record title to all of the hereinafter described property was
.6a.ea iii thin Corporation by said Walter P. Frick prior to the time of his death aw
for the maize of convenience. no ccnsidaratiu:: aver having been paid by this Corporation
to said Walter P. Prick for such record title, and
VIDWEAS, it is necessary and advisable to vest tltb of record in and to all
of the hereirafter described proper*? in _tanie; J. 2-tt. _u.;' Sxeautor, prior _
to the time of transferring title to all of the hereinafter described property to
the persbaser at said Probate sale.
NOW. TZERVORS, in considaration of the premises and the sun of Ton ($10.00)
Dollara in hand pa•-d to the Grantor b3 said Stanlay S. Smith, as Executor of the
Last Will and Testasont of '+altar 7. Friak, also k=wn as .. P. Pricl, deceased,
Ithe receipt whereof is hereby acknowledged. said Grantor hereby Sreala, bargsina,
sells and quitclaims to said Grantee all that certain real property located in tha = :_ .F a
County of Contra Costa, state of California, particularly described as follewet
PARCEL ORES-�
(A) All of fractional Section-•7 and all of fractional North 1/2 of S+ction 18,
Township 1 South. Range 1 Bast, Mount Diablo Base and Veridien.
(B) The southeast 1/4, the Horth 1/'3 of the Soutlaeat 1/4 and the Southeast
4 of the Southwest 1/4 of Section 12, and the Horth 1/2 of the Northeast 1/4 of
Section 133,13, Township 1 South, Range 1 West, Yount Dla`•le Baae and Meridian
KXCSYTIHO PRON-.PARCEL-10NEr:i;!4--�a �q�• ._�
1- As to•that-•oorti*a of-the preaiiee lying within the HorthWeat 1/4 0! the north-! - -•R
West - " ". -. z..a:.a�.. :.
,,L4 ot£Seotipn-7; the area known as:"Mountain Spring deacrihed as follower f JY
Cd�eaoing aL-Lhe northeast corner of Section 1::South, Rangy 1 !esti t
`. thence`nor .of. beginning;=thence north.300-34+ wen*.
+r.
342'feet'S .lance"south 67 O1T-v6st 260`feeti thence south 45° Ol+ seat'157•feet;
thence south 25° 51+-West 266 foot; theme* south 16° 319 West 545.30 feet; thence
so{rth 13° 39+ east 360 feet; thence south 83' 59+ east 185 feet; thane* north 620
44--1/2, @cat 114.70:feet; tbsm*:north 74° 41+ east 119.141.feet:' thence north 62° 11,
stat 860 feet; rheas north 2T,_49r-west 290 feet- thence north 90 Olt east 240 ^
feet to-the-p*ini_4:'bealnn!ng,-ccntzl-J.ng 20.52 acres, more or less:
2- Aright of Way fora"single lips of poles and-wires and appurtenances thereto.
for the transmission and distribution of electricity, as granted in the deed fres i
W. P. Prick.,-et ux, to Pacific Gas..and_Elsa trio Company dated March 12, .1928 and r*-
t corded April 7, 1928 in Volume 132 of Of_iei*l Records, at page 288, as follows, "The
route of said line of poles and wires across said land shall be as follows= ! A
Baginnirg at a point in ;aid Section 1 from which the northeast corner of said
Section 1 boars north 526 40 etst 154.8 fast diotant and running themas south 170 Olt
Wear 1031.8 feat; thonoe youth_ b32 59, West 1987.4 feet; thence south 5p° 424 vest
--
IGC9.7 feet; thence "cath 100 22' •est 1234.5 feat; tl:,nce south 12° 161 w,•-t 3111.0
feet; nonce south :a° 50, -jest 30"-3.2 fact,, :hence scuth 70 Of' ve-r, 75?,? !,.3
chenc:. south 2' 471 east 488.8 fest; tha nce Routh 22^ :81 west 254,8 feet; thence
south 610 491 west 1144.1 feet; thence south 471 27, vest 547.7 feet; I.Mmes eoath
S9° 18' war: 41.'..2 feet; thence south 860 150 west 1907 foot; thence south 44" 261 t
west: 1472.8 feet to a point in the said southwest 1/4 of section 14." i
3- The right "as appurtenant to"the east 1/2 of the northeast 1/4 of Section 14, -
i
Township 1 South, Range 1 West, "to receive sufficient water to supply one watering
trough for catering stock pastured on said parcel one; this being one of the six r1e.ts
to so receive water for six watering troughs. from 'the present linty ofpipe/ flooding -
from Mountain Spring in Section 12, Township 1 South, range 1 West, Yt. Diablo Base
and Meridian+ originally granted by Bose Foundatich Inc., and Uount Diablo Park -�•- -:e,t.
Commission to The Aib6rnia Savings and Loan Society, a corporation, in the doed dated
: December 13, 1919, and recorded January 7, 1920 in Volume 35S of Deeds, at page 2620,
ore granted in the deed from Vt. Diablo Company, Ltd., to State of California, dated
February 14, 1931 and r r_o:ded April 3, 1931, in `.'olume 2e2 of Official Records, -
a t page S.
4_ All oxisting pipe lines now or formerly owned by Mount Diablo Park Coma13e10n
and Rome Foundation Company, Inc.
j 5- as to Parcel One (B)- Any portion of the premises lying within the parcel of i ..
1 :and described as Parcel One in the deed from Mt. Diablo Compamy,.Ltd., to State
of California, dated February 14, 1931 and recorded April 3, 1931 in Volume 282 of
Official Recurds, at page 8.
PARCEL W0
(A) Portion of the West 1/2 of the Northwest 1/4 of Section 14, Township 1 South,
Range i Wcat, l;put'.t Diablo bona and sinriaian, deecribeG as '01t=3-
Beginning at a point on the west line of said Section 14, at the northwest corner
of the 7.37 acre parcel cf land conveyed to Mt. Diablo Country Club, by deed frpm 1
Mt. Diablo Company, Ltd., dated March 26, 1931 and recorded April 3, 1931 in Volume
275 of Official Records, at page 84; thence from said point of beginning along the
west line of said Section 14, north to the northwest +orner of said Section, thence
along the north line of said Section, seat 1320 feet, more or lose, to the northwest
corner of the East 1/8 of the Northwest 1/4 of said Section 14, being in the vast
line of Nount Diablo State Park; thence along the west line of said East 1/2 of the
Rorthww.t 1/e ..t ..±.i gect+cn 24, !:sing s.ayg the west line of said State park; South
2640 foot, mere or lass, to the south line of the North 7/_0 of said Section 14; t':a:k:o
along the south line of said Horth 1/2 of said Section 14, west to the east lire of �
i ins parcel of land described as a 19.70 :-o parcel of land, in the deed from Mt, i
Diablo Company, Ltd., to alt. Diablo Country Club, dated March 27, 1931 and recorded !
1
i April 3. 1931 in Volume 266 of Official Records, at page 282; thence along the sent
line of said 19.70 acre parcel, and along the seat line of said 7,97 acre parcel i
of land firstly herein referred to (275 OR 94) northwesterly to the northeast corner i >a.�
of said 7.97 acre percal; thane along the north line of said 7.97 acre parcel, South -r
e9° ';Cf 45" vest 95.64 fast to the po l.t of baginnieg. i
is) Portion of the Boutu 1/2 of Sectio:l 14, Township 1 South, Range 1 Went, Mount
Diablo Base and Meridien, described as follows;
Beginning at the Intersection of the north line of the Southwest 1/4 of Section
l4, with the aast.line of the 19.70 acre parcel of lard knowd as "TEs Lake",desoribed
•.= the deed from Wt. Diablo Company, Ltd:, to Nt. Diablo Country Club, dated March
1 27 1931 and recorded April S 1931 in Volume 266 of Official Records, at page 292;
t _-ace wrn said poir.t-of beginning along the nm th lire of the South 1/2 of Section
140 east to the northwest corner of the 22.64 acre parcal of land oonveyed to State r--
of California by Seed fro= Mt. Diublb Company, Ltd., dated aebruary 14, 1911, a--'
recorded April 3, 1951 in volume 282 of Official Records, at page 6; thence along the �
= vest lino of said cereal, south 0° 511 asst 530.38 feet to the soutbaeat corner of
said parcel; thence north 890 9' east to the west line of the 60 foot strip of land
described as "Mount Diablo Seanit Bouievard" in the c.ead from Xt. Diable COmoayy, Ltd.,
to State of California, dated April 1, 1931 and recorded April 3, 1931 in 701=0 265 �''c•'�-=
S _
i of Official Records, at page 481; "thanco al3mg tha northerly and westerly line of 6�: •- - ;
said Boulevard as described in said dead, veaterlp to the west line of the 0.719 of
an acre parcel of land ca^veved to Wt.. Disblc Company, Ltd., oy •feed from Mt, Diable
Country Club, dated March 28, 1931 and recorded April 3, 1931 in Volume 273 of Of-
3 ficial Records at , / said
pegs 202• thence along t::s west 1-aa of .�id 0.7i9 c'_• an acre �•'•~' - '
parcel, north 1' 55' 25" east 146.29 feet.; thence along the north Sine of said cartel i'=•...�."' ,�
north "0 5/ 15" east 196.19 feet to the =ost northerly corner of said 0.719 of an
j acre parcel, being in the east line of the 19.70 acre parcel firstly herein raferred }
: to (266 OR 282); thence along the cast line of said 19.70 acre parcel, narthor17 to i }.
thv point of beginning. y
UCEMNG FROM PAP.•C3L TWOr
1- A -fight of say for a single line of poles and sires and appurtenances ! " -
thereto, for the tra::axisslor: and discriiuticn of slaatricity, an grunted in the
Bic-
dced from W. P. Prick, at ux, to psoitis Gas and Eleetr•,o Company, datea March
+t 1;28 and recd-dad Aari; 7, 1928 in Vol,me 132 of vift�ial Records. at nage 2R5, an
'
-
fo.aows: "Its _,,. -te of asfd fine 3f Rolan andvi:ys ac:;,s, said :and atnall be a"
3
777-7
;je I Bepinaing at a point in.said Section 1 from which uvo northeast corner of said
ISeatiun bears north 520 490 east 11,4.9 feet distant and running thence south, 170 Olt
• .,' west 1037.8 feet; tbouao south 630 590 wast 1987.4 fest; thence South 590 42t rest
1909.7 feet; thence south 100 229 west 1234.5 feet; themes south 120 18i east 3111.0
t_ j feet; thence south 140 SOt wast 3083.2 feet; thence south 70 05• vast 762.8 fa.t;
r- th:.Lao tac:'u 2° 4171 east 488.8 feet; thence south 220 2C west 254.8 feet; thence soath;
610 49, Yost 1144.1 fest; thence south 470 271 seat 541.7 feet; ttsnce south 390 18
'a w
���,w•,.,_ ;; ( wee: 413.2 feet; thence south 680 lbw •eat 1907.0 foot; thence south 440 269 rest
1472.8 feet to a point in the said southwest 1/4 of Section 14.0 i
c,;r_:,_• 2-A11 existing pipe lines now-or formerly owned by Yount Diablo Park Commission
and Home Foundation Company, Inc..
3- The right of way over, along and across Yount Diablo Toll Read, as described
_ in the deed from Mount,-'Diablo Seeaio Boulevard Coepany tc Aalter Y. yrieic;dated
November 26. 1920 and recorded February 26, 1921 in Volume, 378 of Deeds, at page
371, for the erection and maintenance of pole lines for the transmission and
distribution of electricity, as granted in the dead from Walter P. Frick, at ux, to
The Pacific Gas and Electric Company, dated February 26, 1925 and recorded lurch
13, 1925 in Volume 486 of Deeds, at page 384, as follows
"The route of said line of wires across said land shall be as followss Over and
across said Toll Road at such places as shall be &sleeted by the engineers of said
i. .
corporation, its successors or assigns, provided that said wires shall be oro aua-
._c pended and maintained as not to interfere with the use of said roa37or vehioular
traffic.
The right of ingress and egress herein granted shall include the right to ute,
f without further eon�ideratiin. &aid Toll -load for the purpose of transporting men
and :_—_teriala for the construction, mainteranco and inspection of said electric
transmission line.&
"No Poles are to be set on the right o; way hereby granted but the said.wires
will be snepanded from poles located on land adjacent to the tract of land hereinabove i
described,;*
= PARCEL THREE
" y Portion of the west 1/2 of the Southwest 1/4 of Section 13; portion of the South
2/2 of Section 14; portion of the Sant 1,12-of the Northeast 1/4of Section 22; portion
3o
of Section 23. and portion of the rant 1/2 of the Rost 1/2 o. at:on 24, Township
+.� I 1 South, Rsrge 1 Rest, Mount Diablo "tease and Meridian, described as follows-
Beginning
ollows- i
rR<,~ Be i�
3 '«g ata point in the center line of the'Fallc Creapi Road as said .oa:l
r i is designated on the map entitled,°Yount Diablo Estate Park Subdivision, First Units,
rcich map was filed In the ofaoa of the Reeanier of the County os Coatre costa.
z State of California an Ma 6. 1916 in Volume 15 of Ya at page 301 vhioh int
7 Maps, 'r g , Po � ® -
bears north 60 23 1/2, east 604.37 feet from the intersection of said center line !
" ;tad, tho center line of Sl Camino Tassajars Rosi, as designated on the map abore
referred to; thus from said point of beginning n:rth 60 23 1/21 east 594.46 feet,
_ more or lees, to its intersection with the center line of Calls Loa Collados Road; _
:? 172.78 foot; north 350 55 3/49 east 500 feet; north 216 25 3/it east 277.26 feet;
s.z-
north 510 47#1 eaat 316.48 feat; yarth 25 7 i Sas 4.09 feet; north 210
19 1/2+east'20-4.76 fee fsnor th=1343 1 2* asst<483 4157,rest:;thence north along S i
easterly line of:,the-parcel of land describe last Zaed from Tae Tiibernia Savings
- i sad ;can Society to George C.,Jsassa, dao ram a . an recorded April- 15,
a page , o the incersee-rr-on—o? saga sashnsli�ix j
asteaded,with the.aodth„lins,of,-the 60_faot strip of.•lar:3 described in the Deed from ,-
Y_= t -t. Diablo Company, Ltd., to State-of California, dated April 1, 1931 and recorded
April 3; 1951 in Voltage 265 of Official Records, at page.481; thence following
,•- i along the south line of said Boulevard in a general easterly direction, to the in-
° tersectior. of said south line with the east line of tie Southwest 1/4 of the Sot:thress
1/4 of Section 13. Township 1 South, Range 1 west; thence south along tb east line
of said Southwest 1/4 of-the Southwest 2/4 of..said-:Section 13,-and the east lire of
the west 1/2 of the-West 1/2 of Scotian 24, Township 1 Sonth, Range 1 ;fes., to the
intersection of said line with the center line of E1 Cazai_o Tas_ajara County Road;
thence in a westerly direction along the center line of 31 Camino Tassejara County
-=
Rot-1 to the intersacticn of said center line vd th the Sunt line of two tract of land
de313nated on the map entitled "Mount Di4blo Estate Park Subdivision. Second unit ,
which nap wen filed in the office of the Recorder of tk—_ Co_ty of Contra Costs,
-' State of CaUl"ornia on September 1, 1916 in Volume 15 of Yaps, at page 312; thence
north l.i° 48 1/2• east 600 feet; Dorth 720 11 1/21 west 712.61 feet; north 290 35 3/4,
Q:
,. a2t 309.52 feet• nDrth 700 54 3/41 west. 1326.52 feat; south 420 45 1/4, west 545.96 ! 9=
feet; north 750 4 1/41 west 949.32 feet; north 590 17 1/4' west 1329.24 feet; south
! 89° 15 3/4, 370.80 feet, more or less, to the point of beginning.
9XCS?TTNO FROM PA MEL THRERT
1- The right of way ower, along and across Mount Diablo Toll Road as described
;m deed from Yount Diablo Scenic noulavard Company to ;Walter P. Frick, recorded .
in Volume 376 of Deeds. at page 371. for the erection and maintenance of pole line&
ga t j for the c-3 d_4_-t-ibutl;.: of oleotrieity, as granted in tho deed from
t,= i Waiter F. ?rick, et ua, to the Pacific Gas and Electric Company, dated November 26,
i 1925 and renown-d 3:cla 13, 192t is Volume 486 of Seed, at pugs 3E4, as folios,:
is
:2 31
"The route of said line of wires acz•oss sail .-. . -=.- tz zz f:llaws: Over and
scross said ':oil goad at such olares as shall be selected by the sn3.neers of ■sid
dor-orati,n,its successors or assigns. provided that eaid wires shall be so sus-
pended and maintained as not to late-Sere with the use of said rend for vehicular '
tra^fic.
The right of ingress and egress herein granted shall in-luds the right to use,
without ftr t:.3r consideration said Toll Road for the purpose of transporting men ; Y�
and aster:ials for the construction, maintenance and Inspection of said electric trans-
mission line".
"No poles are to be set on the right of way hereby granted but the said wires -
w171 be suspended from poles located on lard adjacent to t". tr-c*• o! 1•nd hereinabove b
described."
2- All existing pipe lines now or formerly owned by Mount Diablo Park Ccm- ;f
mission and Rome Foundation Company, Inc. `
3- That portion of the premises lying within the 60 foot strip cf Laid described
'- the deed from W. P. Prick, at al, to Claire 81=cna, dated June 20, 1928 and re-
corded Decsrher 14, 1928 in Volume 150 of Official Records, at page 107.
4- That parcel of land containing 0.84 of an more, mo:s or less, "for use as FI
a public highway', described in the deed from Mt, Diablo Company, Ltd., to Contra
Costa County, dated September 7, 1932 and recorded September 22, 1932 in Volume 295 .. .:
of Official Records, at page 185.. Por further particulars in reference to said right z-
of way, see exception No. 3 to Torcel Pour herein. -
PARCEL P01"IR
(A) Lots 14, 16 and 17 in Section 21, the Southeast 1/4 of the Northeast 1/4
of Section 21 all that '-
portion of Lot 1 n Section 21 lying south of Green Valley
and 3yeamore County Road, and all that portion or tho Northeast 1/4 of the Northeast
1/4 of Section 21 lying south of Green Valley and Sycamore County Road, Township 1 -
South, Range 1 West, Mbunt Diah2o Base and Meridian.
(B) All that portion of the Worth 1/2 of Section 22, Township 1 South, Range
1 Hest, Mount Diablo Ease and Meridian lying south of the south boundary of the peaeel �'++'
of land designated on the map entitled •Yount Diablo Estate Park Subdivision First -• A-��
Vnitr. which map was filed in the office of the Recorder of the County of Contra
Costa, State of California on May 6, 1916 in Volume 15 of Maps, at page 301, and the
ecutht-r i wpl_-; 'f tbtC of 1:aG G:oig':tau on tis3 sip iLtitieu "iJili` Diablo
Estate Park Subdivision Second Unit', which map was filed in the office of the Re- fl
et-,-ler oS th+ County of Contra Costa, State of Califs~nia on September ., 1916 in
Vol— 15 of Zaps, at page 312.
(:) :oa fractional Southeast 1/4 of Section 22, Township 1 South, Range 1 West, i dG
Mount D!_1blo Bass and M::idian.• .:u:__ _
(D) All that portion of the South 1/2 of Section 23, Township 1 South, Range
1 West, Mount Diablo Base.and Meridian, lying southwesterly and southerly of the parcel)
of land _an1?=_-ted on the map entitled "Mount Diablo Estate Park Subdivision. Second
Unit'. which map was filed in the office of the Recorder of the County of Contrw
Costa, se-te of Ct1L'o:z*a, az September 1, 1916 In Volume 15 of Mapo, at page 312,
and south of the County Road running from the easterly and of said Subdivision to the _
point where it interacts the easterly line of said section, said road bring the
road desigsxted an tba-abovu map as. El Camino Tassajara, and all that portion of the
3outhweat 1/4 of the Southwest-lji4 of Section 24, Townsi!p 1 South, ?sage 1 Nest, PZ
Mount Diablo ase and Meridian_.lying- south of said El Camino Tassajara County Road "
last above refer-ed to.
(S) The VorLhWeot 1/4:of-Section 26, Township-1-South, Range 1 Wast, Mount ! ^
,l f_
Diablo Base an; Meridian.- ( `
KXC3PZI3, PRv-ii FARCE- FOL•R- his:ter
1-As to Parcel Fount A)s The g p • ` ! ~
( pervsnsat r/ bt and easement to operate a 3.versica � :M -_--�•�-.
dam across a certain creek or arroyo with the right of diverting flood and storm i ,
vsters. granted in the deed from W. P. Prick* et ux, to Mt. Diablo Country club, dated
Rprll 27, 1822 and recorded-July 7, 1PY2 in Volume 416 of Deeds, at page 178.
2- As to Fares: 7aur (A)s That parcel of land containing 4.414.aere:, more or
laze, 143cribed in the deed from Stanley 3. Smith, ae executor, to T. 0. Edeeards,
,,-., dated October 9, 1942 and recorded October 24, 1842 (?ire M7o.29277). as follows: j
"4 mcrl; of land 5r Suet. in width lying along and to the Bast and Northeast of - -
a liu '_zaprlbed as follows: ._.
a - 'age nn:rig atm point on the South line of the Road from Danville to Mt. Dieblu ~s
Ste[e Part •hick point bears South 110 270 ?est 25.69 feet iYom the most southerly :; •
-_ -
corner o. th! 331.86 acre parcel described in the creed from The Elbernia Savings and
T_-sr: Socisty to O, 7f. YoNetr•, dated August 20, 1928 and recorded May 289 1930 it ' ':;
Vol=* 233 of Official Records, at page 214, thence from said point of beginnipg along
the exlsLlrg fence line as follows: South Q° 409 Nest 352.97 feet; South 301 331 East
373<53 _'set; South 32° 529 East 3C2.v2 foot; South 4F° 201 East 350.7 feet; South �N ? ?
4151. 50, East 529.91 feet; South. 53" 26; 'a.+st 114.44 feat; South SO* 401 Bamt 273.71
:eat; South 68° 201 East 472.75 feet; and South 790 551 Past 504.10 feet to in iron
pi" on tae line betw5en Sections 21 and 22, Township 1 South{ 'tango 1 Went Mount
Aa to Psrccl Four (R): all -hat portion thereof 1y1r3 rir`.Y, of t'e3 Croda
*. fir=
7s-1_ey e-i gon=ers •^,panty Road, As described in the deed from R. ?. Frleic of al,
�"-
521'
•' to Mercantile Trust Corpatry cf SaoFranc;suo, dated ,=,% 12. 15.20 an-1 recorded
ShPLwmber 15LE
MENEM , 19M in Volum 359 of Deeds, at cage 1.'.'.
4- As to Parcel Four (D) That percel of lane- containing 0.84 of an &are, more
or less, "for use as a publio Lighway", described in the deed from Mt. Diablo ComperT,
Ltd., to Coatrr Costa County, dated September 7. 1932 and recorded September 22, 1932
j in Vol4cee 295 of Official Recordso at pate 186,- as foil-vss
t "A -3ortlon of the southwest quarter of Section 2e-, T. 1 3-17' 1 i.. M-L-B. & M.,
as described under Item 4, Parcel 5 in the'. certain deed from 'S. P. Prick and Haler.
j ?ay Frick, his wife, to Mt. Diablo Company, Ltd., a California corporation, reto:ded
July 21st, 1950 in Volume 24V of Official Records,page 47, records of Contra Costa
County. State of Callfarnia, describe+s follows: ,
!' Beginning at a point in the center line of the county road leading from Mt. Diablo
Country Club to Tassafars, from which podtft a concrete moment not in the centerWE
line of E1 Camino Tassajara on the dividing line between Lots 387 and 390 as saidEr
Sl Camino Tassajars and lots are to designated upon that certain map entitled Mt. Diable
3state Park Subdivision, Second Unit, filed September 1, 1916 in-Volume 15 of Maps,
page 312, records of Contra Costa County, bears N. 72° 091-30" i., 2319.16 feet;
thence .'rnuning along the center line of said County rondo No 38° 501 3., 28.78 feet;
thence, leaving said center line, 3 720-09f-30" S., 296.52 feet; thence on a curve
to the right with a radius of 741.25 feet, and tangent to last mentioned course, -
a distance of 288.20 fest; thane, tangent to said curve. S. 49°-064-30' a., 114.85 feet
to a point on the east line of the southwest quarter of the southwest quarter of sold
Section 24 and the dividing line between the lands of Mt. Diablo Compar.1, Ltd., and
j Ansel Y. Easton, and from which point a stake set in the corner of fence bears N. O°
034 R., 2383.5 feet; thence running along the said dividing line, S. 00-034 B., 66.19
feet; thence, leaving said line, N. 490-06--30" w., 158.93 feet; thence on ■ curve
` to the left with a radius of 681.25 feet, and tangent to last mentioned course, a
distance of 278.09 feet; :hence, tau3apt.to said curve N. .72°-09'-30" 7., 315.70
feet;' t`-fenee H 386 504 1i 26.78 feet to the.poiaL of be •ming."
5-Any portion of thfti:Wrtain tract of land conveyed o Hoard of 8uptrvisors 1
by Na. W. Curios, by deed dated February 16, 1874 and recorded February 16, 1874 i
in Volume 26 of Deeds,'at page 124. 6ac
6-All existing pipe lines now or formerly owned by Mount Diablo Park Commission
and Hos► Foundation Company, Inc.
- 7-ww to Parcel Four iDj: 'Fire rigai of way provided for in the uved from kt..
Diablo Company, Ltd., to No P. Prick, dated June 3, 1936 and recorded June 18,
1936 in Volare 413 of Offiolal Records, at page 369, as followst
'An easement 20 feet in width for s roadway, leading from 4C1110 Nola' as
designated CII the map antitlod ` IVQ-=L Diablo natata Park 3uudivialuu, Sadoud -unit',
which map was filed in the office of bo Recorder of the County of Contra Costa,
i State of Caliteraia oa September 1, 1916 in Volume 15 of Maps, at page 312. Southerly
� through. the Southwest 1/4.of the Southeast 1/4 of Section 23, Tmrrship 1 8cuth. .Ran,-e
1 Kest. fount Diablo-Base and Meridiau, to the Northeast 1/4 of 3actlda 25. ''Township
II .south, Range 1 west, Mount Diable Base and Meridian, for ingress and egress to and
1from said Northeast 1/4 of Section 26, for pedestrians, animals and vehiclas."
i PARCEL FIVE e
The southwest 1/4 of 3ection 25, Township 1 South, Range 1 west, Mount Diablo
?OCCEYSZZNi
FROM PARCEL PIV-St All existing pipe l:y-" now or formerly owned by
Mount Vlablo"Park C!m ssion and go-me Poun4!ation Company, Inc. �
•_.... -- _ _.., _. -FARC$* SIX I
--_•- -::.._..% -Late-&39,-390....91. 392, 393. 394. 395, 398 397. 398. 399 and 400, aa..-
_ s
f designated an the map entitled "Mount Diablo Estate Park Subdivision. Second Unit", i _=
which sisp:wAs filed in the office of the Recorder of the County of Contra Costa, State
6n
( of California, on September 1, 1916 In Voluxe. 15 of 4VA ps, at page 312.
402.' 403.'and :340 &a designated on the map entitled eNount Diablo
Satate park Subdivision, See9n3 Unit% which map was filed in t5x office of the a
&ecorder.e_t-tbs..Ceuaty.of Contra Costa, State of California. oa 8eptwmber 1,: 18I6.�ia i ..
Volume lb of maps, at-pago 312.
I
CC) The Northeast I/4 of Section 26, Township I South, Range 1 Rest, Mount Diablo
1 Base and X ridisa, cant.--ming 160 acres, more or leas. _
(B) An easement 2J feet in width fora roadway. leading from "Calle Nola". as
j designated on the rip entitled "pomit Dlablo Estate ?ark Subd!Vlsicn, Saeord Unit",
_ which map was filed In the offlse of the Recorder of the County of Contra Costa, s
S=ate of California, on September 1, :916 in Volume 15 of Naps, at page 3121 Southerly
I through tha Southwest 1/4 of the Southeast 1/4 of Section 23, Township 1 South, Range i
1 sett, ro:mt Diablo Basa and Meridian, to the Northeast 1/4 of Section 26, Township I
_ 1 South, Range 1 West, Mount Diablo Bass and dsridions for Ingress and egress to and 'e
from said Northeast 1/4 of Section 26, for pedestrian animal-, as=' vehicles.
PARCEL SEVEN I IM:
A portion of Sections ::z and 23, Township 1 South, Range 1 Meet N.D.M., described t
as follows:
Beginning at the southeast corner of tot 17.5 as sold lot Is -delineated and de- r:
aignated on t)—t —t..4n „ai, entitl--d Diablo Rctata Park 3-ibuivislon, First
i gnit, a pertiem of 3artions 14, 15 22 said 23, Tonnehip 1 South, Ra=ge 1 '!t.st. V.D.M.,
Contra Costa Cpunty, Callforn'.a" filad with the Recardor of Coat-& Costs'Ce.:nt; _-
1125%3
oa Jay 3, 1915, thence Porth 290 15 3/4' oast 276.':2 f.34t; tLeaca south E9` 1-1 1/41 "-
AAst 143.46 feet; thence South 750 04 1/41 East 953.98 feet; thence south 70° 54 3/41
East 1716.72 feet; thence south 720 11 1/Za East 496.60 feet; thence north 17° 48 1/21 1
Seat 600.00 feet; thmncenorth 170 11 1/2, west 490.06 feet; thenos north 700 54 3/41 -
West -73i.16 feet; thence north 75' 04 1/41 West 892.71 feet; thence north 590 17 1/4,
West 1329.24 feet; thence south 890 15 3/4t West 370.80 feet; thence south 60 23 1/29 `•`°"t'
-fest 6C`.37 feet to the point of beginning; oontainic.g 65.43 acres, more or lssor
Said property is also described as Lots 376 to 388 inclusive, as denigrated on the
=ap entitled 'Mount Diablo Estate Park 'u`31v1aion, 3 Gond Unit, a portion of Sections,)
22 and 23, T. 1 3., R. 1 W., Y. D. N., Contra Costa County, Califoimis% which sap
was filed in the office of the County Recorder of Contra Costa County, state of
California, on September 1, 1916 in Volume 15�f Yaps, at page 312.
EXCRPiING YROY PARCEL SEVENS as to Lot 376:' That portion of the'premisea lying =
'within that parcel of land described on Parcel One in the deed from Mt. Diablo Company,] -
Ltd. to Sta'a, of California, dated April 1, 1931 and recorded April 3, 1931 in
.-lua 2265 of Offi !-al Records, at page 481. ! �-
PARCEL EIGHT I '`
Portion of Lot 1, all of Lot 2 and the southeast V4 or Section 10, portion of j
Lot 5 and portion of the north 1/2 of the southwest 1/4 of Section 11, Township 1
South, Darn 1 West, Mount 'Jiablo Base and Xeridian, described as follows:
Beginning at the southwest corner of the Southwest 1/4 of said Seotion 10; thence T
from said int of beginning n Seat alb
pc 8 3 along the south line of said Southeast 1/4, to the �
:amt 11ri of tba percol of land described in the dead from Mt. Diabla` C.�mpany, Ltd.
to State of California, dated Tune 3, 1931 and recorded, July 16, 1931 in Volume 282 -
of Officdal Records, at page 326; thence north along said line, being along the
east 11n0 of said Section 10 to a north line of said state or California parcel; thenesl
east along said line to the Center line of a oreek, being the southwest line of the
parcel of land described in the deed from Mt. Diablo Company] Ltd. to Charles Me Pryer, _
x dated December 5, 1935 and recorded December 6, 1935 in Volume 402 of Official Records, � +a
at page 74; thence northwesterly along said line to the north line of said Lot 1;- _ s
thence west *long tis north line o+' Said Tots 1 and 2 to the most line of said Lo!t 2; ;
thence rcath along said line and along the west line of said Southeast 1/4 of Section
io to tbaaoint of beginning.
_ MCPRi33L SUBJECT, however, to taxes for fiscal year 1946-47 now constituting I ^+_ •
a lien against the hereinabove described.property but not yet due or payable.
AND 7MT>� Mr?R599LY SUBJECT to that certain Deedcf ';'rust dated July 7, 1943,
recorded Jealy 14, 7943, in Volume 732 ^r Official Records, page 157, Contra Costa
.. ® : County Records, and made and executed by Mt. Diablo Compn-•y, Ltd., and Stanley J. `
Smith, Hxaeutor of the least Will:and 'testament of Walter P. Prlckf also known as
W. ?. Feick, deceased.to Corporation of America, a California corporation, as Trustee,
and Central Bank, a California Corporation, as beneficiary, to secure-the payment of !-
' the see of 91maty Thousand (=90,000.00) Dollars. evidenced by a promissory note for
the sus of !in-eCy T*^usand !!30.0LyJ.4^) Dollars, bearing oven Wets of said Deed of s - -
"rust, which said nota the grantee herein r.sad assumes and agrees to pay acecrdine `'�
t to to true tenor and effect. I r
IoGSTESt with all and singular Lbs tenements, hereditaments and appurtenances
F
thss�saaLe and-the reversion and.:revorsions,-4;.-• �-_--�;••---�
: raaai>Sder :rd rescinders, rents, issuer and profit_ thereof. And also all the estate, � �—
._ _..,
:': riau., ot.za, ....>r>e:, pad5osfii(au� e.�i� Saw wcii+ai �w��osyar, �• .rail Tai ie• ore. - . '=-..•�:
is equity, of the-said parties of ti, first part, of, in or to the above- describe
p—mis*a,,.and every part:or parcel thereef-with..the appurtenances.
O RhYE A" TO HDM# all and singular the above nantiomed and described premises,
ether dth the a urtenancca unto the said Grantee, its heirs and ass18•rs forever..
i tag DP j �-�-
y IN Wlf1S38 41=80P, the said Grantor has hereunto set its hand and seal the dal
-'- year firwt above written. -
��ssaa ((CCCRPIT SEAL))) MT. DIABLO COMPANY, L=. Vie:
R."Y. Buck ..President
By Stanley J. Smith Secretary
Slate of California)
Caaaty of Alameda . )ss.
On thte 94tb day of September A.D. One Thousand Wine Hundred end Forty-Six, before !
=a, 3tanisy P. De71e, a Notary Public, in and f:r the CeLt,: of Alameda, State of
Celifornis raaidir8 tier-rain, 6pi7 tor-dasioned and Sworn, personally appeared...
E. Y. ocek kr"owq to we to be the President and 3tanlay J. Smith known to de to be
the Secretary, of theL Corporation that executed the within instrument, and the [
offlea:s. who executed the within instrument,on.behalf of' the Corporation therein ,
named, and acknowledged to me thA t meth ^,crnoration executed the same,
Ib WITNE-23 WWWF, I have hereunto set my hand and affixed my official meal,
Te the day and year in this cartifioato first above writion.
_a
(((21O?OL SEAL))) Stanley P. Davie
:;• Notary Public in and for said County
MS
Commission Rxnires Aum. 7,19.',1; of Alace-id, Ctatdof California, lar' wY
Recorded at reoneat or Centra Cp+te ran:sncy Tit]wCo, Oct. 29. 1245 at 30 min. ?sat 3 =`
7.11. -6Z- Copied-RA Comer-d-Bork-"
Ralph C—r-I t6ham, County Re brads».
Exhibit C
Nu
1pl
FEeorto.tu REouesrEo ttv
OMER;Old Republic Title Cotttpany I RECDRCfDAT T1TiETLE COMPANY
AF 7—
190774DA-MH GLDREPUBIIC 0Y
Arts 203-140-001 /203-150-003
V*"REaoPam uK ro
r- OCT 2 6 199
,rr BLACK OAK ESTATES Q
111 Deerwood Place /200 AT U SURVEY
mo
.. San Ran, CA 94583 �c:Ei;r:iZy�'S CTRA0MTA000NTY 00L MONUMENT
STEPHEN LWEIR FUND
car FEES S ( NTYRECOROER
mSIO
L OCT 261994 /v
SPACE"ow LW
Grant Deed
The undersigned grantor(s)declare(a):
Dtxumentary transfer tax is S--0-,._,.,_-..._0- CORRECTICN OF VESTING ONLY
( )i)computed on full value of property conveyed, or
( )computed on full value less value of liens and encumbrances remaining at time of sale.
( X)Unincorporated arca:( )City of__......_._.-__----
( X)Realty not sold.
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
BLACK OAK ESTATES, a California General Partnership
hereby GRANT(S)to BLACK OAK ESTATES, a California Limited Partnership
I
that property in CX1TIRA COSTA County, State of California, described as:
+ * + See 'Exhibit A' attached hereto and made a part hereof. +
Mail Tax Statements to Grantee at address above
Date October 10, 1994 BLACK OAK ESVaES. a California
Ge::eral Partnership
Rv•t-.—i a wed R.rsoaycta aad_
Development �Corpora tion-General P/art er
STATE OFC OR �y
By
Michael Bedker, President j
- COUNTY CF /� 1,
Oo G J I berort me,the
P®lic in a for,{yy$utG a
to me Tar Proved to4upont-
bass or satutactnry
evidence)to be the ptzson(s)srbtaethewithinamt acfmwkdted w me tttecutal the time in
hei'suibonzedcapedty(io),attdAbeirsipulue(s)on
muumcat the s ar the eo rbich the s ��PeJ+�()• trry peraoo() _ — ----' - - �
saed,ctcctttcd the ittstrumms F/'-' c� P 1. t-I O YER`: ,l :
:. IL
WITNESS my olctdal *��'� I c v,a: c t..cntaa v
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"^t l+Rti17 ::i1r'iik oti i►dR.� t - h
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` MAILTAXSTATFMEIY7SASUlRECATEDVABOVE s,tJY" i
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Order ib. s 190774-DR r
B»IHIT "A•
The land referred to is situated in the State of California, County of Contra
Costa, in the unincorporated area, and is described as follows:
Portions of Section 14, 22, 23 Township 1 South, Range 1 West, Mount Diablo Base S
end Meridian,.particularly described as follows: W
Beginning at a point on the center line of Mount Diablo Scenic Boulevard
(formerly Calle Los Callados) at the intersection thereof with the south-l-ine of
that certain 46.90 acre parcel shown on L/L No. 101-86, as per slap recorded May
21, 1987, in Book 83 Licensed Surveyor's Maps at Page 24; thence along said
center line North 52' 3" 56" East, 316.48 feet; thence North 366 06' 56" East,
214.09 feet; thence North 221 08' 56" East, 204.69 feet; thence North 14° 32'
56" East, 483.43 feet; tnence North 0° 43' 13" East, 186.25 feet: thence North
20. 40' 34' West, 113.06 feet; thence leaving said center line North 74° 15' 28'
East, 496.32 East; thence South 210 01' 50" East 725.32 feet; thence North 64°
00' 57" East, 833.69 feet; thence South 33" 24' 07" East 561.33 feet; thence
South 45" 03'05" West, 1004.18 feet to the south line of said 46.90 acre parcel;
thence along said south line North 75" 40' 32" West, 278.66 feet; thence South
74" 22' 52' West 215.63 feet; thence North 83" 00' 45" West, 114.10 feet; thence
South 58" 57' 27" West, 125.75 feet; thence South 43" 10' 02" West, 144.26 feet;
thence South 63. 45' 05" West, 167.83 feet; thence North 71° 50' 52" West,
194.91 feet; thence South 740 54' 26' West, 238.46 feet; thence North 37° 02'
00" West, 182.16 feet: thence North 59" 03'45" Wes*, 116.73 feet; thence North
400 56' 07" West, 53.98 feet; thence North 48" 51' 39" West, 19.91 feet to the
point of beginning.
(Being APN 203-140-001 and 203-150-003)
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I F
1 RICHARD G. CARLSTON (Bar No. 88050)
W. SCOTT SHEPARD (Bar No. 148475)
2 MILLER, STARR & REGALIA -
A Professional Law Corporation
3 1331 N. California Blvd., Suite 700
Walnut Creek, California 94596
4 Telephone: (510) 935-9400
5 Attorneys for Real Parties in Interest
BLACK OAK ESTATES and LAND BASED
6 RESEARCH & DEVELOPMENT CORPORATION
7
8 APPEAL PROCEEDINGS BEFORE THE COUNTY OF CONTRA COSTA
9 BOARD OF SUPERVISORS
10 CHARLES A. KOSS, et al., ) Subdivision 7462
11 Appellants, ) DECLARATION OF MICHAEL
BEDKER IN OPPOSITION TO
12 V. ) APPEAL OF CHARLES KOSS, et al.,
CHALLENGING GRADING PERMIT
13 COUNTY OF CONTRA COSTA, a political ) NO. G206677 ISSUED FOR BLACK
subdivision, ) OAK ESTATES SUBDIVISION NO.
14 ) 7462
Respondent. )
15 )
16 BLACK OAK ESTATES and LAND BASED )
RESEARCH & DEVELOPMENT )
17 CORPORATION, )
18 )
Real Parties in Interest. )
19 )
20
I, MICHAEL BEDKER, declare:
21
1. I am the President of Land Based Research & Development
22
Corporation, a general partner of the limited partnership, Black Oak Estates ("Real Parties
23
in Interest"), which is pursuing the development of a subdivision in Diablo which will
24
contain 36 single-family homes known as Black Oak Estates which is the subject of Contra
25
Costa County vesting tentative map no. 7462, approved by the Board of Supervisors on
26
December 8, 1992.
27
28
FTG\33876
103982.1 -1-
1 2. I am the person most familiar with the financing and construction plans
2 for said subdivision and make this declaration for that reason. I have personal knowledge
3 of the facts stated herein and, if called to testify, could testify competently thereto.
4 3. Appellants consist of two couples who own lots adjacent to or near
5 Black Oak Estates, Charles and Amara Koss and Robert and Leah Weinger ("Appellants").
6 The Kosses and Leah Weinger are all attorneys. Appellants, and principally Amara Koss
7 and Leah Weinger, opposed the Black Oak Estates subdivision project before the Contra
8 Costa County Planning Commission and the Contra Costa County Board of Supervisors
9 prior to December of 1992. They raised the issue of an alleged lack of legal access to the
10 subdivision by Black Oak Estates before those bodies. As a result, Condition of Approval
11 36.L of the Vesting Tentative Subdivision Map required Black Oak Estates to "furnish legal
12 proof of access to the satisfaction of the County Counsel as well as the Public Works
13 Department, Engineering in_ e�ering Services Division, that legal access to the property is available
14 from Diablo Road."
15 4. On June 27, 1995, County Counsel determined that it was satisfied that
16 legal access existed. On July 10, 1995, the Public Works Department concurred finding
17 that legal access existed and also finding that for all practical purposes Mount Diablo Scenic
18 Boulevard ("Mt. Diablo Boulevard") acts as a public roadway already.
19 5.- The Kosses live at 2480 Mt. Diablo Boulevard. The Kosses live in a
20 14-unit subdivision of single-family homes developed prior to Black Oak Estates purchase
21 of its property. The Black Oak Estates subdivision at issue in this case lies downhill from
22 the Koss' subdivision along Mt. Diablo Boulevard, between the Koss' subdivision and
23 Diablo Road. The Kosses purchased their property after Black Oak Estates purchased its
24 property. The Black Oak Estates subdivision is what is commonly referred to as "fill"
25 property.
26 6. The Weingers live at 2323 Mt. Diablo Boulevard. The Weingers live
27 in a subdivision of single-family homes developed prior to Black Oak Estates purchase of
28 its property. The Weingers live directly across Mt. Diablo Boulevard from the Black Oak
FTG\33876
103982.1 -2-
1 Estates subdivision, and like the Kosses, purchased their property after Black Oak Estates
2 purchased its property.
3 7. Based upon my understanding of the title information and deeds relating
4 to the Koss' property and their subdivision and the Weingers' property and their
5 subdivision, neither the Kosses nor the Weingers possess a recorded easement across Mt.
6 Diablo Boulevard providing for access to their homes. Yet, they still claim to have legal
7 access to their homes over Mt. Diablo Boulevard. Black Oak Estates' situation appears to
8 me to be no different from that of the Kosses or the Weingers.
9 8. On or about December 2, 1991, Black Oak Estates submitted to the
10 County an opinion letter from its counsel, McCutchen, Doyle, Brown & Enersen,
11 explaining why Black Oak Estates possessed legal access to Mt. Diablo Boulevard. The
12 letter to the County included copies of the deeds and conveyances in Black Oak Estates'
13 chain of title for the property that evidence its right of access to the property. Black Oak
14 Estates also obtained and submitted to the County an endorsement to their $3.5 million title
15 insurance policy for the property from Old Republic Title Company insuring access for
16 Black Oak Estates to Mt. Diablo Boulevard. After the County raised a question regarding
17 whether the endorsement insured legal access, Black Oak Estates submitted to the County a
18 letter from Old Republic Title Company, dated June 27, 1995, which confirmed that Old
19 Republic had insured that the property has a right of access over Mt. Diablo Scenic
20 Boulevard.
21 9. On or about September 21, 1995, Appellants filed a previous Petition
22 for Alternative Writ and Application for Injunctive Relief in this Court in Case No. C95-
23 04405 ("the Court Petition"). In the Court Petition, petitioners challenged the decisions by
24 the County Counsel and Department of Public Works that Black Oak Estates had complied
25 with Condition of Approval 36.L. In addition, they sought to enjoin the issuance of the
26 grading permit on the basis of lack of access. On October 30, 1995, the Contra Costa
27 Superior Court denied a peremptory writ of mandate, discharged the Alternative Writ
28 previously issued by the Court to petitioners, and terminated petitioners' lawsuit in favor of
FTG\33876
103982.1 -3-
1 the County and Black Oak Estates. On January 9, 1996, this Court entered a Judgment
2 Denying Verified Petition For Alternative Writ of Mandamus and Discharging Amended
3 Alternative Writ of Mandamus and Alternative Writ of Mandamus ("Judgment").
4 10. On or about February 27, 1996, the Contra Costa Department of
5 Public Works issued a grading permit to Top Grade Construction, Inc. ("Top Grade"), for
6 the grading work on Black Oak Estates' subdivision ("the.Grading Permit"). In reliance on
7 the Grading Permit Black Oak Estates contracted with a grading contractor, Top Grade, for
8 over $700,000 in grading work and commenced grubbing and grading of the subdivision.
9 In connection with the grading and grubbing, Black Oak Estates has hauled in substantial
10 amounts of dirt, approximately 6,000-6,500 cubic yards. The grading work performed to
11 date consists of: 1) grubbing of the plants, trees and shrubs at the subdivision; 2) grading;
12 3) demolition; 4) impacting of the soil; and 5) discing of the soil.
13 11. On or about March 5, 1996, Appellants apparently filed this appeal
14 with Board of Supervisors challenging the issuance of the Grading Permit ("the Appeal").
15 The Board of Supervisors set the hearing on the Appeal for April 16, 1996. Black Oak
16 Estates first learned about the Appeal when talking to County Staff on another matter
17 relating to the project on or about March 26, 1996. I have been informed by Top Grade,
18 the contractor to whom the Grading Permit was issued, has never received notice of any
19 hearing on the Appeal of its Grading Permit.
20 12. On April 11, 1996, the Building Inspection Department presented a
21 staff report to the Board of Supervisors for the hearing scheduled for April 16, 1996,
22 recommending that Board of Supervisors deny the Appeal because the Building Inspection
23 Department has found no violation of the County Grading Ordinance.
24 13. If the Board of Supervisors were to revoke Black Oak Estates' Grading .
25 Permit, or otherwise stop Black Oak Estates from completing the grading of the subdivision
26 as planned and contemplated under the Permit, Black Oak Estates will suffer substantially
27 in excess of $250,000 in immediate damages strictly related to the grading and thereafter in
28 an increasing amount up to $700,000 for breach of the grading contract. To date, Black
FTG\33876
103982.1 -4-
1 Oak Estates has incurred approximately $250,000 in grading expenses for the subdivision to
2 its grading contractor, Top Grade.
3 14. It is imperative that Black Oak Estates be allowed to continue grading
4 the subdivision. The grading of the subdivision has already been delayed by several months
5 because of delays caused by the unsuccessful Court Petition.
6 15. Further, by the date of the hearing on this appeal, Black Oak Estates
7 will have already expended approximately 3.5 million dollars in connection with developing
8 the Black Oak Estates subdivision. This expenses consist principally of: 1) development
9 fees, 2) consultant fees, 3) grading expenses; and 4) paying off an underlying note and deed
10 of trust.
11 16. Any significant delay in grading caused by action of the Board of
12 Supervisor that prevents Black Oak Estates from constructing homes on the subdivision
13 during the 1996 building season will threaten Black Oak Estates' entire 7 million dollar
14 investment in the project. If sales of the finished lots are delayed by denial by the Board of
15 Supervisors, Black Oak Estates could lose the property to foreclosure and its entire
16 investment.
17 17. Black Oak Estates has used MDSB continuously and uninterrupted for
18 access to the subject property since purchasing the property in 1989. Black Oak Estates has
19 also paid real property taxes for its property up to the centerline of MDSB since 1989.
20 True and correct copies of Black Oak Estates most recent real property tax bills are
21 attached hereto as Exhibit "A".)
22 I declare under penalty of perjury under the laws of the State of California
23 that the foregoing is true and correct.
24 Dated: May 3, 1996.
25
MI AEL PEDKER
26
27
28
FTG\33876
103982.1 -5-
Exhibit A
@II1:Np. vAr!Clrlho. Ik#F TAX MTE A7 A*Uff
I r:rAcanrAra ^�-� �-1S0-0_ -2 Od 6605
o�r_r FIRST INSTALLMENT
DETACH THE BAR CODED COUPON raeTuRN THIS PORTION
8 MAIL WITH YOUR PAYMENT wrt+I PAY6"E"T 1906564 D PROPERTY TAX BILL DUE NOV. 1, 1995
DELINQUENT AFTER
DEC. 16, 1995 Sia@ PM
DUE NOV. 1, 1995 Contra
DELINQUENT AFTER Costa
DEC. 10, 1995 5100 PM County -
FOCAL YEAR
TO�.WNG 3Is 0,51996 95168768100009532822
BLACK OAK ESTATES I PAY AMOUNT 6HOWN BELOW
ill DEERWOOD PL #200 MAKE CHECKS PAYABLE TO:
SAN RAMON CA 94583 ALFRED P.LOMEU
Tex cofactor nal responmble 0 paid an TAX COLLECTOR $9532-132
vr"pareal.Your cenee0ed check to P.O.BOX 631
xo'"rmela>• UNPAID PRIOR TAXES MARTWEZ,CA 04553
(fnittru Cftxsta Touitty, TIalifamin SECURED PROPERTY TAX BILL
QOfficr of-!NIfrrtb V.�amrli, �rrT9urrr-Tax(COIICrtnT FISCAL TEAR 119S-96 (JULY 1, 1996 TD JUNE 30, 1994)
I IJ AA A TAX G
�9S-168768 203-150-003-2 00 66057
ASSESSEE REMARKS:AS OF
MARCH 1, 1995 BLACK OAK ESTATES 'y
$ITUS: MT DIABLO SCENIC BLVD Yf '
DBLO
PROPERTYDESCaIFMON: FOR SEC'S 14 & 23 TIS R1W 4-
PROPER"
PROPERTY TYPE FU"Y699 EVIE AND BONDS AMOUNT g �-- ;r..:.•. ''
LAND
1,725,117 DV M05QQUITO ABATEMENT 4.00
IMPROVEMENTSDX EMERGENCY MED A 3.94 _ d
KH EBMUD SEISMIC TAX 492.00 :,•.' r
GROSS VALUE
1,725,117 W
L6SS�OHs
SEE eEvM
NET VALUE
'TAX REDUCTION DUE TO STATE
FINANCED HOMEOWNER TAX TOTAL VIES D BONDS RELIEF. $ 0 NET VALUE X RATI!=TAX TAX DESCRIPTION• RATE
OWNERS NAME:&ADDRESS CBOUTTYWI13E TAX ���� 1:Q��999Q,, 17,3551.17
BLACK OAK ESTATES ,� SAN RAMON RI NIFiED .0438 W.�0
Ill DEERHOOD PI, #200
SAN RAMON CA 94583 _.
TOTAL RATE i. 1-0762
SEE ENCLOSURE FOR INQUIRIES ADD:DELINQUENT PENALTY
REGARDING THESE LEVY CHARGES. DELINQUENT COST
LESS:PAYMENT RECEIVED
jAPffl4;RIOR TARES OWING CALL (510)646-4122 NET AMOUNT19 OGR 64
aiti►B:' `':!:w^'' Ah%45 :; aur- TeftAireuala ai�arY 7. —
„onATMrr i:• ..>*:,-; v SECONDINSTALLMENT
T.r..•.•
oerACly THE
BAR CODED COUPON rm-mmN TMr'PORT14t SECURED PROPERTY TAX BILL
A MAIL WITH YOUR PAYMEAtT DUE FEB. 1, 199fi
A wm(PAYAreNT :.'1906564 DSLIRQUW AFM
CCr1tfC1 APR. l0, 3996 5200 PIS
DUE FEB. 1, 1996 Costa
DELINQUENT AFTER CCudy
APR. 10, 1996 5:00 PM FISCALYEAR
SEE REVERSE SIDE FOR OTHER '
IMPORTANTINFORMA11ON JULY 1, 1995 95168768200009532829
TO .SINE 30, 1996 PAY AMOUNT SHOWN BELOW
MAKE CHECKS PAYABLE TO:
50128916 Tax CoWorpdr0600rmble50aldm ATAXELECTOR I $9532.$2
4194 I wren 0 parcel.Vow earmhod d%aA it P.O.BOX 631
yaor rxelpt UNPAID PRIOR TAXES MARnNrZ,CA MrM
saLMo. W" AirRAM*MA rtwt
• �,^� 95_168766-1 73-140-001-9 00 66053
� 1 M� OORTlC U.T�1p .
DETACH THE BAR CO;E;COUPON11 RETMW THIS PORMN FIRST INSTALLMEI
6 MAIL WITH YOUR PAYMENT wtT►TaaruENT 1435054 SECURED PROPERTY TAX BILLZWL_�' 1995
EA
y DEC. Ia. 19?5 5.-
DUE
rDUE Nov. 1, 1995 Contra
DELINQUENT AFTER Costa
DEC. 10, 1995 5:00 PM County
FISCAL YEAR
TO JULY N 30931496 95168766100007175276
BLACK OAK ESTATES
111 DEERWOOD PL ##200 6 MAKE CtfKKSPAYA8LETO: PAYAMpi► SHOWNEELOvn
SAN RAMON CA 94583 ALFRED P.LOMELI $7175.27
Tax ccd� nal rcpontlbb It poo on TAX COLLECTOR
w=6 Pam YOW CAA9 W check La P.O.BOn&41
r w� PL UNPAID PRIOR TAXES MAATINE24 CA W341
f „ (11imlfra C(f>osta (111ounfo, C�Iifuntin SECURED PROPERTY TAX BILL
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ASSESSOR pARcr--LPN) I SUFF
-95-166766 203-140-001-9 1 00 1 66053
ASSES8EiE REMARKS:
A9 OF
MARCHI, 1995 BLACK OAK ESTATES
SITUS: CALLE LOS CALLADOS
DIELO
PROPERTYMORIPTION: POR SECS 14 6 23 TIS E1W
pRgffBnLmE FULL V UE LEVIES AND BO AMOUNT LEVIES AND BONDS AMOUNT
LAND 1,286,992 OV MOSQQUITO ABATEMENT 4.00
WIPROVENEFM DX EMEROENCX NED A 3.94
pFRmP80Pw KH EBMtM SEISHIC TAX 492.00
GROSS VALUE 1,286,992
Lm Elco anolls
SEEAEVE0.5E •�.
NET VALUE
'TAX REDUCTION DUE TO STATE
FINANCED HOMEOWNER TAX
RELIEF• TOTAL LEVIES AND BONG 4
$.00 NET VALUE X RA-fE=TAX —=-� DESCRIPTI RA
OWNMS NAMIA &ADDRESS COUNTYWIDE TAX 1. 12,86 9
BEAST BAY RECUL PK .8094 120 99
BLACK ODIC ESTATES <,., S&N RAMON UNIFIED ,0438 $63.7
111 DEERW00D PL #200
SAN RAMON CA.94583
TOTAL RATE 1.0762
SEE ENCLOSURE FOR IV9UIRIES ADD:DELINQUENT PENALTY
REGA"ING THESE LEVY CHARGES. DELINQUENT COSTED TAXES OWING CALL (510)646-4122 LESS:PAYMENT RECENET AMOUNT
stLl�.'. .:k'3'::'�'' �,'`"im�c .'•= _y -;,,r;:K:.•,•-Grp►•Y�iclt�rqusAu�_;,:
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RE71fRN�ftl81'on7tON ... . .::'^ r .• .
DETACH THE t3Aa cva�COUPON'/ •'"'- "'� •�•"
&MAIL WITH YOUR PAYMENTrvr>�t vAneetLT SECURED PROPERTY TAX BILL
DHE�, 1, 1996
1435054 DELIHOUEIR AFTER
Contra . 1o, 19% s;ec
DUE FED, 21 1996 Costa
DELINQUENT AFTER County
APR. 10, 1996 5:00 PM FWaL•YEAR
SEE REVERSE$IDE FOR OTHER
IMPORTANT INFORMATION •A►LY 1, 1995 95168766200007175273
TO .NNE 30, 1996 MAKE CHECKS PAYABLE TCk PAY AMCgnGHOWN SELQW
RED P.
S0128915 Tax Coae=notre ww ..dpaid on �TAXLOLL CTORLI $7175.27
419d I WrOnQ p rML Your cancoloa dwck k P.O.BOX 697
VOurraaaWL UNPAID PRIOR TAXES MARTiNU CA043'S3
L
1 RICHARD G. CARLSTON (Bar No. 88050)
W. SCOTT SHEPARD (Bar No. 148475)
2 MILLER, STARR & REGALIA
A Professional Law Corporation
3 1331 N. California Blvd., Suite 700
Walnut Creek, California 94596
4 Telephone: (510) 935-9400
5 Attorneys for Real Parties in Interest
BLACK OAK ESTATES and LAND BASED
6 RESEARCH & DEVELOPMENT CORPORATION
7
8 APPEAL PROCEEDINGS BEFORE THE COUNTY OF CONTRA COSTA
9 BOARD OF SUPERVISORS
10 CHARLES A. KOSS, et al., ) Subdivision 7462
11 Appellants, ) DECLARATION OF ROBERT J.
SOPER IN OPPOSITION TO APPEAL
12 V. ) OF CHARLES KOSS, et al.,
CHALLENGING GRADING PERMIT
13 COUNTY OF CONTRA COSTA, a political ) NO. G206677 ISSUED FOR BLACK
subdivision, ) OAK ESTATES SUBDIVISION NO.
14 ) 7462
Respondent. )
15 )
16 BLACK OAK ESTATES and LAND BASED )
RESEARCH & DEVELOPMENT )
17 CORPORATION, )
18 )
Real Parties in Interest. )
19 )
20
I, ROBERT 1. SOPER, declare:
21
1. I am a Senior Vice President with Old Republic Title Company ("Old
22
Republic") and the Chief Title Underwriter for Old Republic. I have been with Old
23
Republic for approximately 25 years and have worked in the title industry for over 35
24
years.
25
2. I caused CLTA Endorsement Form 110.1 to be issued by Old Republic
26
to Black Oak Estates in 1995 insuring that Black Oak Estates has a right of access to and
27
from its property over Mount Diablo Scenic Boulevard ("MDSB").
28
FrG\33876
104246.1 -1-
1 3. It was my opinion at the time Old Republic issued the eaidorsement to
2 Black Oak Estates, and it is still my opinion today, that Black Oak Estates has a right of
3 access from its property over MDSB.
4 1 I declare under penalty of perjury under the laws of the State of California
5 that the foregoing is true and correct.
6 Dated: April, 1996.
7 s
B J. PER
S
9
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PM3876
1062".1 -2-
LAW OFFICES OF
GAGEN, MCCOY, MCMAHON & A1RMSTRONG
WILLIAM E. GAGEN, JR. A PROFESSIONAL CORPORATION DANVILLE OFFICE
GREGORY L. MCCOY
279 FRONT STREET
PATRICK J. MCMAHON P. 0. BOX 218
MARK L. ARMSTRONG DANVILLE, CALIFORNIA 94526-0218
LINN K. COOMBS TELEPHONE: (510) 837-0585
STEPHEN W. THOMAS FAX: (510) 838-5985
CHARLES A. KOSS
MICHAEL J. MARKOWITZ
NAPA OFFICE
MICHAEL W. CARTER
RICHARD C. RAINES 1001 SECOND STREET, SUITE 17
VICTOR J. CONTI April 25 1996 15
NAPA, CALIFORNIA 94559-3017
P / TELEPHONE: (707) 224-8396
BARBARA DUVAL JEWELL ,
FAX: (707) 224-5817
ROBERT M. FANUCCI
ALLAN C. MOORE RECEIVE®
PATRICIA E. CURTIN -LE SE REPLY TO:
STEPHEN T. BUEHL
ALEXANDER L. SCHMID DanviDe
CHARLES A. KLINGE
DANIEL A. MULLER PR 2 9 1996
Board of Su ervisors CLERK BOARD OF SUPERVISOR
P CONTRA COSTA CO.
County of Contra Costa
c/o Supervisor Jeff Smith, Chairman
651 Pine Street, Room 108a
Martinez, CA 94553
Re: Appeal of Grading Permit
Subdivision Application No. 7462
Black ,Oak Estates
Dear Supervisor Smith:
I appreciate .the. extraordinarily careful and thorough consideration
your Board has givento this appeal: It appears to me that at this
point a majority of the Board is convinced that (i) county
ordinances require staff to make a determination of access prior to
issuing a grading permit, (ii) Black Oak Estates does not have
access to ' its project, either expressly or prescriptively, and
(iii) the grading permit was issued to Black Oak Estates
improvidently. It is also apparent to me that a majority of the
Board would vote to revoke the grading permit, but for the
developer's threats of "grave consequences."
There in fact are no grave consequences. At all times the
developer knew that the issuance of a grading permit was appealable
and in fact the developer knew that the grading permit had been
appealed prior to the commencement of any work on the project. By
threats this developer is in essence telling the Board that it has
no authority to review an appealable staff decision when the
developer has the foresight to quickly commence work prior to the
appeal hearing.
Vested rights to complete work are based upon principles of
estoppel, and arise_ only in cases where the agency issued a permit
and the developer perfotms substantial work in good faith reliance
on the permit. Courts have held that as a matter of law, reliance
is unreasonable when the issuance of the permit was appealable.
Penn-Co v. Board of Supervisors (1984) 158 Cal.App.3d 1072, 205
Cal.Rptr. 298 (equitable estoppel shall not apply against a
J
Board of Supervisors
April 25, 1996
Page 2
governmental agency except to avoid "grave injustice") . Courts have
held that constructing improvements based upon an issued building
permit was not reasonable when there was a pending referendum which
would rezone the property. County of Kauai v. Pacific Standard
Life Ins. Co. (1982) 653 P.2d 766. In Smith v. County of Santa
BArbara (1992) 7 Cal.App.4th 770, 9 Cal.Rptr.2d 110, the county
board of supervisors determined that staff had issued a permit in
error, but concluded that .the county was estopped from revoking the
permit because the developer had spent $500, 000 in reliance on the
permit. The cour.t 'held.that the county was not estopped to revoke
the permit. The court held that estoppel would arise in only the
most extraordinary case where the injustice was great, and that
estoppel should not justify the issuance of a permit which
otherwise does not meet the substantive and procedural requirements
for obtaining a permit.
It is readily apparent that the developer in this case did not act
in good faith reliance upon the issuance of the grading permit,
because the developer knew that the permit could be revoked upon
appeal. In reality this developer acted at its own peril in
spending money on grading before the appeal was concluded, and in
all likelihood purposefully expended money with the hope that such
expenditures would persuade your board to deny the appeal.
The neighbors have attempted to raise this issue prior to the
commencement of any grading. When county staff first declared that
condition 36L was satisfied, stating that Mt. Diablo Scenic
Boulevard was in essence a public road, we attempted to file an
appeal to the Board. County counsel opined that decision was not
appealable. We then filed a petition for writ of mandamus with the
superior court, seeking a declaration that staff's decision
regarding 36L was arbitrary and capricious. Both county counsel
and the developer- strenuously argued that the action was premature,
and would be premature until a grading permit was issued, and the
administrative remedy of appeal to the Board was exhausted. Now
that a grading permit .has issued, and we appealed to this Board,
county counsel and the developer argue that it is too late to do
anything about it because the developer has started grading. What
I find particularly appalling is that if this Board denies the
appeal, and we file another court action, county counsel will
undoubtedly argue that staff's determination that the developer had
access was not an arbitrary or capricious decision, despite the
fact that a majority of the Board seems to believe that the permit
was improvidently issued.
In order of descending preference, I would ask that your Board act
on this appeal as follows:
Board of Supervisors
April 25, 1996
Page 3
1. Grant the appeal, and revoke the grading permit until
such time as the developer can establish rights of. access. We
would request that in the event staff subsequently determines that
the developer has access, that the issuance of any grading permit
be stayed until the conclusion of the appeal process.
2 . ' Deny the appeal, with findings that the grading permit
was issued improvidently and contrary to county code, and that the
developer did not act in reliance upon the grading permit, but that
the appeal was being denied simply because the county does not wish
to get sued by the developer. Although we would object to this
action, we feel confident that a court would enjoin further
grading, and in that sense the superior court, and not the county,
would be stopping the grading.
3 . Deny the . appeal, finding that the grading permit was
improvidently issued, and contrary to county code, but with the
finding that the Board believes that the county is estopped to
revoke the permit.
4. Deny the appeal, finding that the grading permit was
appropriately issued, enumerating the facts upon which the county
believes establishes that the developer has access to the project,
and require the developer to indemnify and defend the county from
neighbors' claims of damages.
e ruly yo s,
Charles A. Koss
CAK:clk
cc: Clerk, Board of Supervisors
Jim Rogers (Via Fax: 374-3429)
Gayle Bishop (Via Fax: 820-6627)
Mark DeSaulnier (Via Fax: 646-5767)
Tom Torlakson (Via Fax: 427-8142)
Vic Westman, County Counsel
H:\VOLI\IiOME\CAK\BLACK.OAK\SMITH425.LTR
r r7e
Contra Public Works Department J.Michael Watford
Public Works Director E
Costa 255 Glacier Drive
Milton F.Kubicek
County Martinez, California 94553-4897 Deputy•Engineering
FAX: (510)313-2333
Telephone: (510)313-2000 Patricia R.McNamee
July 10, 1995 Deputy.Operations
Maurice M.Shiu
Deputy-Transportation
Michael Bedker S.Clifford Hansen
Land Based Research and Development Corporation + Deputy-Administration
111 Deerwood PI., Suite 200 !t
San Ramon, CA 94583 JUL 14 f595
UNIV a ti 4
Dear Mr. Bedker:
RE:SUB 7462, COA 36.1-
After reviewing the enclosed memorandum dated June 27, 1995, from Victor Westman of
the County Council's office, the Public Works Department is of the opinion that the
property being subdivided, Subdivision 7462, has physical and legal access to Mt. Diablo
Scenic Road. Moreover, we feel that the developer has successfully complied with
condition of approval 361.
This conclusion is based on our observation that ML Diablo Scenic Boulevard, for all
practical purposes, acts as a public roadway and Mt Diablo Scenic Boulevard is the only
access to and from the subject property. -
If you have any questions or need clarification, please call me at 313-2348:.
Very t
--
ch ier
Asso ateXagServices
Engineer
Engineeri Division
RL:ci
G Jengsvrht/Bedker.t7
cc:x: B.Faraone,Engineering Services
�to,Engineering Services
-N" ��,County Counsel
S.Skaggs
McCutchen,Doyle,Brown and Enersen
1331 No.California Blvd.
P.O.Box V
Walnut Creek,CA 94596
S.Magata
Bryan,Murphy and Associates
5000 Executive Parkway,Ste.125
San Ramon,CA
Leah H.R.Weinger
2033 No.Main Street,Ste.370
Walnut Creek,CA 94596
Hal F.Seibert
P.O.Box 310
Diablo,CA 94528
Amery Koss
P.O. Box 371
Diablo,CA 94528
f
Clerk of the Board of Supervisors
Appeal of Grading Permit
Subdivision Application No. 7462
Page Two
Please notify us as soon as a hearing date is scheduled regarding this matter.
Enclosed herewith please find a check in the amount of$125.00 to cover the costs of this
appeal.
Thank you very much for your consideration of this matter.
V truly yours,
Charles A. Koss for
Robert D. Weinger
Leah R. Weinger
Amara L. Koss
Charles A. Koss
VERIFICATION
1, Charles A. Koss, declare: I am filing the within Notice of Appeal. I have read
the foregoing Notice of Appeal. I certify that the same is true of my own knowledge,
except as to those matters which are therein stated upon information and belief, and as to
those matters-I believe them to be true. I declare under penalty of perjury under the lav'--s
of the-State of California that the foregoing is true and correct. Executed on March 5,
1996 in Diablo, California.
Charles A. Koss
cc: David F. Schmidt, Esq.
Sanford M. Skaggs, Esq.
s
Itq-J I 01AI
RECEIVED
SMR - 5 1966
CLM BOA" SUPERV19ORS
MM Co.
March 5, 1996
HAND DELIVERED
Clerk of the Board of Supervisors
Contra Costa County
County Administration Building
651 Pine Street
Martinez, CA 94553
Re: Appeal of Grading Permit
Subdivision Application No. 7462
Black Oak Estates
Dear Sir or Madam:
Pursuant to County Ordinance Code Section 14-4.002, and any other applicable
provisions,the undersigned hereby submit this notice of appeal of staff's determination
regarding the issuance of a grading permit for Subdivision 7462, Black Oak Estates.
Section 14-4.002 authorizes any person aggrieved by an administrative action to file an
appeal of that action to the County Board of Supervisors.
The County Public Works' Department issued a grading permit to Black Oak
Estates and/or Land,Based Research and Development Corporation on February 27, 1996.
The undersigned believe that the issuance of a grading permit, which permits the
grading of a 45 acre parcel in preparation of a 36-unit development is premature in that
the applicant has not established that it has legal access to the parcel as required by
Condition 36.L. The undersigned further believe that other conditions of approval of the
subdivision have not been satisfied and remain at issue. The undersigned and the public
would be irreparably injured if the applicant is allowed to grade its property without
having satisfied a critical condition of approval related to access, a condition that it will
never be able to satisfy.
Y `
491
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NEW
PERMIT
APPLICANT THIS FORM BECOMES THE PERMIT WHEN APPROVED BUILDING INSPECTION DEPARTMEt'
BY BUILDING DEPARTMENT AND NUMBER ASSIGNED CONTRA COSTA COUNI
651 Pine St., 3rd Floor, North Wi
F'fIF1C;F.:a_. 11 00-1. (-)01.�-•S` Martinez, CA 94533-99
PT:F'H T.-T' Is. GS 206677 PH. (510)646.2300/FAX (5101 13,16.12
GRto0.1.N G/Li111:0.1YTS T.0N-.'3UPV
AF•F'I.J.*CF1N I TOP GRADE CONSTRUCTION INC SC I:fSMIC F'ft LEC} F L D ZI`! hR I I
Si . !4YirdASCI-I DIST SAN RAMON UNT
( Y L IVEF.MOR.E r CA DESC GRADING 1701 SURD 1162
2
7.FP 914550 F'1-I(]NE 51.0-4119 -576/4 NE R UR NE::F: UN 1 F C.(.:P
{1f�1'(a Dr-.1-13 7_.C1NE• A-2 C1' 3551 •03 E�E CD DIME'NS:I:ONS RA I'E �I> '.'flit..t Irl
11*'',r":(.: 1 LOT UP 1' 3004-9025A 3A-000 @ 4 G�0
S I*F?F1:1,1CAL.L.F_ Llai CAl_.I_.ADOS 2 5 C 36000 @ .010
Gr:(.1r:;<S (,•T' 25C 20000 P :I E,fl0
MX 1-IGT :35 ' AIR CTT 2 1./2. MI4SB 25' M14SY 20' TOTAL. 92000 TOTAL. 1.6;?��'
AC:f A1.. 40 ' RE(`fR YD 15' _. ._._... _._._:.._._.._._.__..___._.._........._.__.._.
_._._.._.._.._.__..._.._:......__..._..__._...__.�_._...__._ PLAN CHR F'C940415 REV:I:Et4FO E::Yt Al 1:*
014NV..*R 01_ACl< OAK ESTA1 ES DA1 E: RECD 08/19/Y11 ENG
S;T'F:1_:F::1' i.11. DI::E:RWCOD F'L_ 11•,2.(}0 E)C(X N0 057 1.:1_.I::r,
C::T 1 r SAN RAM01il CA ti E. I I
Z'T.'P 94583 3 G RAI)
I_- HG C-0114'R 'fnF' GIZADE CONSTRUCTION CTION :LNC,
13211,'4 '1 t�:E..l:' 'l� , f_:Ftf;l-If1F'I' W.(5't ._......_ ._..---._.._.._..._.... ......._._..._....... ... .
C C I Y 1_.:I:VE RMC R r CA RECE11'T R sC>- 10
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1. .T.C; f.;l.A$S3 A 1.1C 11- 592597 G.N0DPL..NCIiK ::t)1.:i .0
_.._._......_._...._._._.._.......... ._......_.._._._._._..._..._._.._..__. 00003.16 15 "71 t'10 0
LICENSED CONTRACTORS DECLARATION
I I temby affirm uni er penally of perjury that I am licensed under provisions of Chapter 9(commencing
tlt S96on 7000)of Division 3 of the Business and Professions Code,and my license is in full force
an fact.
AS; AL:f.0 59 :597
(::{.► . T r't'-I Ft, .1.0 ' : Gd`'� Tr
O :UCI-T:fIi-i I'NC
O R-BUILD CLARATION
71.�ni
ereby affirm under penalty of perjury that I am exempt from the Contractors License Law for the
n9 reason(Sec.7031.5,Business and Professions Code:Any city or county which requires a
pormit to construct,alter,improve•demolish,or repair any structure,prior to its issuance,also requires
the applicant for suet%permit to file a signed statement that he or she is licensed pursuant to the provisions
of ills Gontraclors License Law(Chapter 9(commencing with Section 7000)of Division 3 of the Business
znd Prol^$Signs Code)or that he or she is exempt therefrom and the basis to the alleged exemption.
Any violation_of Section 7031.5 by any applicant for a permit subjects the applicant to a civil penalty of
nil more than five hundred dollars($500).):
f!1,as owner of the property,or my employees with wages as their sole compensation,will do the
•work,arid the structure is not intended or offered for sale(Sec.7044,Business and Professions Code:
Tho Contractors License Law does not apply to an owner of property who bulbs or improves thereon,
and who does such work himself or herself or through his or her own employees,provided that such
improvements are not intended or offered for sale.It.however,the building or improvement is sold within
one year of completion,the owner-builder will have the burden of proving that he or she did not build
or improve for the purpose of sale.).
i-3 I,as owner of the property,am exclusively contracting with licensed contractors to construct the
pr^jest(Sec. 7044,Business and Professions Code:The Contractors license Law does not apply to
an.o•::ner of properly who builds or improves thereon, and who contracts br such projects with a
r.,nlncr•,r(SJ lieer.isod pursuant to the Contractors License Law,).
I am cinder Snc. B.&P.C.for ibis reason ----'-_--_
Owner
WORKERS'COMPENSATION DECLARATION
111,mhy aff in under penalty of perjury one of the following declarations.
I Dave and will maintain a certificate of consent to self-insure for workers'compensation,as
provided for by Section 3700 of the Labor Code,for the performance of the work for which this
permit is issued.
I I,a:e and will maintain workers'compensation insurance,as requi ej by Section 3700 of the
Lal:or Code, for the performance of the work for which this perms is issued. My workers'
f orpOGfr0ov*nSmncy grjiie, d(ppljGyl r}{nmber are:
Mr. Harvey E. Bragdon
March 28, 1996
Page 2
However,the Conditions of Approval for Subdivision 7462 do not require proof of access ag,'a
condition to issue the grading permit. Therefore,the appellant has no basis for the appeal
because there is no violation of Article 26.2404.
On behalf of the applicant we are requesting the appeal be denied.
Sincerely,
Bryan. &Murphy, Gorman &Associates, Inc.
M. Compaglia
Senior Planner
JMC:lg
cc: David Schmidt, County Council
Dennis Barry
Bob Drake
Richard Carlston
Sanford M. Skaggs, Esq.
Mike Bedker
BRYAN + MUR.PI-IY
CJC55918.018
BRYAN %Te MURPHY
BRYAN& MURPHY, GORMAN& ASSOCIATES,INC.
5000 Executive Parkway,Suite 125,San Ramon,CA 94583,(510)867-3380,FAX(510)867-3388
C7 t_r�
March 28, 1996 M cri
me C-3
Y
Mr. Harvey E. Bragdon,Dir. of Community Dev.
Community Development Department m c x'
Contra Costa County �o
651 Pine Street, 4th Flr.No. Wingrn V` cn n
Martinez, CA 94553 o
RE: Subdivision 7462
Black Oak Estate
Dear Mr. Bragdon:
This letter is in response to the appeal dated March 5, 1996 by Charles A. Koss for the Grading
Permit issued on February 27, 1996 to Top Grade Construction. A copy of said grading permit is
enclosed for your reference.
.The letter cites as the reason for appeal: the lack of a legal access to the parcel as required by
-Condition 36.L. of the Conditions of Approval for Subdivision 7462. The nature of the appeal
would seem to come under Title 8 of the Contra Costa County Planning and Zoning Ordinance
Article 26-2.24 appeals Section 26-2.2404 sub-paragraph C. Other Matters Item(2). not Section
14-4.002 Item(2) states: "Required standards identified by appellant, are not satisfied by the
evidence presented at a hearing for rezoning conditional use,variance,plan or special permit."
Condition 36.L. has been met by the applicant. It was evidenced by a title policy endorsement
from Old Republic Title Company insuring access to the property. Further, supporting legal
opinions were submitted by Miller, Starr& Regalia and McCutchen, Doyle, Brown and Enersen
as to the right of access by the property owner. The endorsement has been reviewed and
approved by County Council which cleared Condition 36.L.. The issue was also brought before
the court and the ruling upheld the right of access to the property.
The appellant is already aware of these facts. The condition has been complied with to the
satisfaction of County Council.
CJC55918.018
Sul 7 yLz
COhi"Drc-iw L Aikm 36 . -T-
36 6 . 7"36 L. Furnish legal proof to the satisfaction of the County Counsel,as well as Public
Works Department, Engineering Services Division, that legal access to the
property is available from Diablo Road. Said proof shall not consist of opinion
.letters from experts retained by the applicant.
Prior to filing a final map, the applicant shall submit evidence that owners of all
properties fronting on Mt. Diablo.Scenic Boulevard have been mailed notices.
The purpose of the notice shall be to provide an opportunity to potentially
interested parties to submit documentation which pertains to the project's right
to use and make improvements to Mt. Diablo Scenic Boulevard as required by
this approval. The notice shall invite the public to provide any evidence
pertaining to the project's legal access rights (or lack thereof)to use Mt. Diablo
Scenic Boulevard for submission to the Public Works Department within a
minimum 30-day period. The Public Works Department shall review the
responses and forward copies to County Counsel for review.
36 T. The applicant shall contribute a sum to the State of California for modification
of the vertical curve on Mount Diablo Scenic Boulevard near the northerly fine
of this property. The contribution shall be placed in Public.Works Trust Fund
819200-0800 and the State of California shall be adequately notified of the
availability of the contribution and prerequisites to use of those funds. Accrued
interest will remain in this account. This contribution shall be held for up to 24
months. If the State of California does not accept the money within the 24
month period the contribution shall revert back to the developer. The amount
shall be based on a cost estimate prepared by the applicant's engineer subject
to the review of the Public Works Department and review and approval of the
•Zoning Administrator. The contribution shall be placed in the Trust Fund prior
to the filing of the final map. A prerequisite to the State's use of the
contribution is construction of the vertical curve improvements.
4.
DISCUSSION
The 1992 approval of the Black Oak Estates project by the Board of
supervisors required that documentation of legal access to the
site be provided to the County prior to the approval ..of the final
map by the Board of Supervisors. That entitlement did not prevent
the applicant from qualifying for a grading permit before the
final map is approved by the Board of Supervisors.
Where an applicant can demonstrate compliance with entitlements
and applicable laws and ordinances, the County has traditionally
allowed grading for subdivision projects to proceed in advance of
the approval of the final map by the Board of Supervisors.
Accordingly, not to allow the Black Oak Estates project to
commence grading activity could be challenged as
Therefore, the appeal of the neighbors should not be granted.
Notwithstanding the above, if the Board of Supervisors determines
that there has been a code violation then the Board would have to
authorize the Director of Building Inspection to place a stop-work
order on the project.
At the same time, staff is recommending that the Board direct the
Public Works Department to notify the appellant of the
consideration of any final map for Black Oak Estates when it is
scheduled on the Board's agenda.
Status of Final Map Application
It is staff's understanding that the applicant must still post
bonds for road and/or drainage improvements with the County before
the Public Works Department is prepared to schedule the Black Oak
Estates final map for approval by the Board of Supervisors. The
Board of Supervisors decision to approve the final map will be
ministerial in nature. That is, the Board must approve the final
map if it is satisfied that the project complies with applicable
conditions of approval of the tentative map approval, and
applicable laws and ordinances.
Processing of Appeal
The decision to issue a grading permit was a ministerial action
pursuant to the provision of Division 716 of Title 7 of the County
Ordinance Code in relation to the 1992 zoning/subdivision approved
entitlements. No violation of the County Ordinance Code (e.g. ,
Title 716) by the Building Inspector has occurred. As such, the
appeal filed by Koss, et al. , is processed pursuant to Section
14.006 of the County Ordinance Code pertaining to appeals of
administrative decisions. Such appeals are heard by the Board of
Supervisors.
Appeals filed pursuant to Title 8 pertain to planning agency
decisions on discretionary projects. Therefore, the appeal is
appropriately being processed under the administrative code and
should be denied as no failure by the Building Inspector to comply
with Title 7 (Division 716) can be established.
RHD/aa
BD1/Black.RHD
3.
neighboring property owners pertaining to the development's legal
access rights on Mount Diablo Scenic Boulevard. The notification
provided the neighboring property owners 30 days to respond. The
only responses received concerning the development's legal access
have been from Weingers, Kosses, and Hal Seibert. _
Public Works Department and County Counsel Review and
Determination
County Counsel reviewed the materials submitted by the applicant
and other interested parties and concluded that sufficient proof
of legal access to the property had been furnished and that
Condition #36.L had been satisfied. This was stated in a
memorandum from County Counsel dated June 27, 1995. On July 10,
1995, Public Works Department informed the developer of County
Counsel's opinion and that the Public Works Department concurred
that Condition #36.1, had been satisfied. Copies of this letter
were sent to the three neighbors who had raised the issue of legal
access, the Weingers the Kosses, and Hal Seibert.
Legal Challenge of County Determination by Abutting Property
owners
Litigation was filed by the appellants contesting the
determination by County Counsel and Public Works Department that
sufficient proof of legal access had been furnished by the
applicant. On December 9, 1995 the court issued an order
dismissing the appellants' lawsuit. According to the court, a
lawsuit challenging the staff determination was not the proper way
to challenge the applicant's legal access to Scenic Boulevard.
Instead, appellants could raise the issue by filing a quiet title
action against the applicant or by waiting until formal action is
taken (e.g. , approval of the final map) and then filing a legal
challenge.
PROCESSING OF GRADING PERMIT APPLICATION
The applicant filed grading plans with the Building Inspection
Department. Staff determined that the plans were in accord with
the 1992 Board of Supervisors approval of the Black Oak Estates
project, the grading ordinance and other applicable laws. The
Public Works and Community Development Departments reviewed the
- plans and advised the Building Inspection Department that they did
not have any objection to the issuance of a grading permit.
Consequently, a grading permit was issued by the Building
Inspection. Department on February 27, 1996.
RECEIPT OF KOSS APPEAL
On March 5, 1996, an appeal of the administrative decision to
issue a grading permit for the Black Oak Estates project was filed
by Charles A. Koss, et al. , with the Clerk of the Board. The
appellants feel that issuance of a grading permit is pre-mature
pending consideration of the final map for the project relative to
compliance with the proof of legal access requirement.
DEVELOPER'S RESPONSE TO KOSS APPEAL
In a letter dated March 28, 1996 the applicant's engineer has
responded to the appeal. The letter references a title policy
endorsement from a title insurance company that had been provided
to the county as evidence of legal access.
The letter also indicates that the Koss appeal should be
considered as an appeal under Title 8 (public hearing decisions) .
.. 4Y
2.
Mt. Diablo Scenic Boulevard
Mt. Diablo Scenic Boulevard (Scenic Boulevard) provides access to
Mt. Diablo State park, several residences within the Diablo
community (including appellants' residences) , and. the Athenian
School, a private school. Scenic Boulevard is -a privately-
maintained road, however, the State of California possesses an
access easement to permit public access to the State park.
Concerns Expressed at the Time of the 1992 Proiect Hearinq
Improvements - Prior to the County approval, when the Black Oak
Estates project was being considered by the County, staff had
proposed that the segment of road extending from Diablo Road to
the project entrance be upgraded to standards that would qualify
for County maintenance. Such an upgrade would have meant
providing a substantially wider road and right-of-way, curb and
gutter improvements. The local community opposed such
improvements because they felt that they would detract from the
natural ambience of the area. Instead, the improvements required
by the County in the approval of the project were more modest in
scope; improvements that would be consistent with private road
standards but not County road maintenance standards.
Evidence of Legal Access - At the time of the project hearing,
.Diablo residents questioned whether the applicant possessed legal
access to Scenic Boulevard. In response, the County conditioned
the approval of the project to require that the applicant furnish
legal proof to the satisfaction of County Counsel as well as the
Public Works Department that legal access to the property is
available from Diablo Road, the nearest publicly-maintained road
(ref. C/A #36.L.) . Moreover, the County required that there be
evidence in the record that owners of all properties fronting on
Scenic Boulevard be notified to provide an opportunity to submit
comments or documentation on the question of legal access prior to
a County determination.
LEGAL ACCESS COMPLIANCE REVIEW
Submittal of Evidence by the Applicant
On January 13, 1995 the title insurance company for the developer
of the Black Oak Estates subdivision submitted copies of deeds and
easements with a letter stating that the deeds and easements
showed legal access to the subdivision from Diablo Road. Over the
course of the next several months, the Public Works Department and
County Counsel reviewed the deeds for adequacy and requested
further information. On May 26, 1995 the applicant submitted a
title insurance policy insuring access to the development from
Diablo Road. On June 27, 1995 the title insurance company
submitted a letter reaffirming that the title insurance policy was
insuring access for the subdivision.
Notice to Abutting Property Owners
On January 10, 1995 notice was sent to all property owners
fronting along Mount Diablo Scenic Boulevard. The mailing list
was prepared by the developer and submitted to the Public Works
Department along with a map showing which parcels were included on
the mailing list. The map and list were checked by Public Works
staff against the current addresses in the Assessor's Office data
base. After verifying that the addresses r:ere correct and the
proper properties were included, the notifications were mailed.
The notification included a copy of Condition of Approval #36.L.
and requested any information, comments, or evidence from the
Contra
TO: BOARD OF SUPERVISORS is Costa
FROM: FRANKLIN LEW, .: 40 COUn'
DIRECTOR OF BUILDING INSPECTION
oosrA �J
DATE: April 11, 1996 couK'
SUBJECT: Appeal by Charles A. Koss, et al, on an Administrative Decision t
Issue a Grading Permit (#G206677) for the Black Oak Estates Projec
(SUB 7462 and FDP 3004-90) in the Diablo Area.
SPECIFIC REQUEST(S) OR RECOMMENDATIONS) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. Deny the Appeal of Charles A. Koss, et al, allowing grading
for the Black Oak Estates project in accord with the grading
permit as no violation of the County Ordinance (e.g. , Title 7
on grading permits)has been established by the Building
Inspector.
2. Direct the Public Works Department to notify Charles A. Koss
of the review of any proposed final map for Subdivision 7462
when it is scheduled on the agenda of:: the Board of
Supervisors.
FISCAL IMPACT
None.
BACKGROUND/REASONS FOR RECOMMENDATIONS
In 1992, the Board of Supervisors approved the Black Oak Estates
Planned Unit District Final Development Plan and Vesting Tentative
Map project .for 36 residential lots fronting on the east side of
Mt. Diablo Scenic Boulevard. The project site is located between
the community of Diablo and the Blackhawk residential project,
north of the Town of Danville and immediately north of the Athenian
School.
CONTINUED ON ATTACHMENT: X YES SIGNATURE
_ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITT,
APPROVE OTHER
SIGNATURE(S) :
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
_ 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:Robert H. Drake (CDD) - 335-1214
Orig: Building Inspection Department ATTESTED
cc: Black Oak Estates, Inc. PHIL BATCHELOR, CLERK OF
Miller, Starr & Regalia, Richard Carlston THE BOARD OF SUPERVISORS
Charles A. Koss AND COUNTY ADMINISTRATOR
Public Works Dept.
Community Development Dept. BY , DEPUTY
County Counsel
COUNTY COUNSEL'S OFFICE
CONTRA COSTA COUNTY
MARTINEZ,CALIFORNIA.
Date: June 27, 1995
To: J. Michael Walford, Director of Public Works
Attn: R; Mi• h alr"n, Engineering Services Division
From: VictorJ. W tpan,.;,County Counsel
By: Davide' 'Schmidt, Deputy County Counsel
..:tee:.:
, �o
n '
Re: Condition 3L;r'
Oak Estates
Having reviewed all materials submitted by the subdivider and other
interested parties, we are satisfied, as provided in Condition 36L,
that sufficient legal proof has been furnished that legal access to the
property is available from Diablo Road.
As also provided in Condition 36L, assuming that your department is
similarly satisfied, you should inform the subdivider and other
interested parties that Condition 36L has now been satisfied.
DFS/
cc: Franklin Lew, Director of Building Inspection
Harvey E. Bragdon, Director of Community Development