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HomeMy WebLinkAboutMINUTES - 03262002 - C94 3 Contra Costa TO: REDEVELOPMENT AGENCYCounty FROM: John Sweeten 77 Executive Director' DATE: March 26, 2002 SUBJECT: Hookston Station Iron Horse Trail Gap Closure Project SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) &BACKGROUND AND JUSTIFICATION RECOMMENDATIONS r- A. APPROVE the Purchase and Sale Agreement and ACCEPT the Grant Deed dated February 12,2002, from Public Storage, Inc.for land to be acquired by the RedeveloprnentAgency to reconfigure the Iron Horse Trail near Hookston Road in Pleasant Hill. B. AUTHORIZE the Chair, Board of Supervisors to execute said Purchase and Sale Agreement and Quitclaim [Deed on behalf of the Redevelopment Agency. G. APPROVE payment of$24,000 for said property rights and:AUTHORIZE;the Auditor-Controlier'to issue a check in said amount payable to Public Storage, Inc.,701 Western Avenue,Glendale,CA 91202-2349, Escrow No.777221 to be forwarded to the Real Property division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Dead recorded in the Office of the County.Recorder. E. AUTHORIZE the Chair, Board of Supervisors to EXECUTE a Quitclaim Deed to Public Storage,Inc.for an excess easement interest and direct the Real Property Division to deliver said Quitclaim Deed to Public Storage,-'.Incorporated. FISCAL IMPACT Payment of$24,000 from Redevelopment funds. ..CONTINUED flN ATTACHMENT: _X—YES SIGNATURE: ,,-RECOMIVlENDATION OF EXECUTIVE DIRECTOR I DATION t3 AGENCY Ct)MMITTEE , --APPROVE OTHER SIGNATURE(S): F ACTION OF AGE flN �Z�,�z2 APPROVED AS RECOMMENDED OTHER VOTE OF COMMISSIONERS I HEREBY CERTIFY THAT THIS IS A UNANIMOUS (ABSENT iT.' ) TRUE'AND CORRECT COPY OF AN AYES: NOES:-' ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE REDEVELOPMENT AGENCY ON THE DATE SHOWN. Contact: Jim Kennedy 335-1255 ATTESTED' thm;L2, 2oo2 cc: County Administrator's Office JOHN I SWEETEN Auditor-Controller AGENCY SECRETARY Public Works Accounting Recorder~(via RIP) Public Works Real Property via: Redevelopment Agency Y BY ' DEPUTY 4W:PersonallB©ARDORDERS\Board.RDA..hookston.3.26.02 1 BACKGROUNDIREASONS FOR RECOMMENDATIONS These property rights are required for the Hookston Station Iron Horse Trail Gap Closure project (Project). The Project involves connecting the Iron Horse Trail(Trail)from Mayhew Road northward to Hookston Roar!in Pleasant Hili. The Redevelopment Agency currently owns an easement over a portion of land north of Hookston Road owned by Public Storage, Incorporated. That land has been licensed by the East Bay Regional Parks District for the placement of a portion of the Iron Horse Trail. The Trail currently ends from the north in the middle of the block at Hookston Road,which causes users of the Trail to walk near vehicular traffic a distance of approximately 75 feet to get to the crosswalk in order to cross Hookston Road. The Contra Costa County Redevelopment Agency awns the land adjacent to the Trail to the east. That land it currently occupied by the Concord Masonry business. The actions of this Board Order will allow the Redevelopment Agency to 1)reconfigure the Concord Masonry business,and 2)to realign the Trail from the west side of the property to the east side of the;property. Said reconfiguration of the Trail will provide a safer connection of the Trail at the street intersection. Owning fee title to the entire right-of-waywill also allow future transportation uses to be more readily feasible. In addition,by this action,the Redevelopment Agency will acquire the underlying fee title to a portion of the easement area,and will quitclaim its easement interest to a small strip of the easement area required by Public Storage, Incorporated. CONSEQUENCES OF NEGATIVE ACTION' The Redevelopment Agency will be unable to reconfigure the Iron Horse Trail to enhance public safety and convenience. W:Personal\EOARDORDERS\Board.RDA.hookston.3.26.Q2 Recorded at the request of: Contra Costa County Redevelopment Agency After recording return to: PublicStorage, Inc. 701 Western Avenue, Suite 2003 Glendale, CA 91201-2349 Attn: Carl Phelps And to: Contra Costa County Public Works Dept. Real Property Division 255 Glacier Drive Martinez, CA 94553 Attu: Dick R. Awenius Assessor's Panel No. 148-360-022(portion) Title Co Order No, 777221 QUITCLAIM DEEB For a valuable consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY REDEVELOPMENT OP'MENT AGENCY, a body corporate and politic existing under the laws of the State of California, does hereby remise, release, and forever quitclaim to Public Storage, Inc., a California corporation formerly known as Storage Equities, Inc.,the real property and all improvements located thereon in the City of Pleasant Hill, County of Contra Costa, State of California,which property is describes!on Exhibit"A,"attached hereto and made a part hereof. CONTRA COSTA COUNTY REFt NT AGENCY Dated;, 8y ra Costa County Redevelopment Agency STATE OF CALIFORNIA } COUNTY OF CONTRA COSTA) On tach 26, before me, ton, Clerk of the Board of Supervisors , Contra Costa County,' personally appeared Jct Gioia who is personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in` is/her/their authorized capacity(ies), and that istherlt it signatures) on the instrument the person( r the enti upon behalf,of which the person(s) acted, uteri the' me I. By: Deputy;Clerk 131021-lookston PubStor QuitC EXHIBIT"F" Storage Equities Portion APN'148-360-022 Quitclaim a ,portion of the easement acquired by The Contra Costa CountyRedevelopment Agency Contra Costa County Public Works'drawing Number M-422-2001 EXHIBIT "Alt A portion of the easement granted to the Contra Costa County Redevelopment Agency recorded May 30 1986 in Boole 12911 of Official Records at pages 739, 742,745, 748,751, 754, 757,76€x, 763, 757,771, 775,778,"782,785, 788, 791, and 794, City of Pleasant Hill, Contra Costa County, California described as follows: Being all of the easement lying westerly of the following described line: Commencing at the southwesterly corner of the 4.453 acre parcel of land shown on sheets 1 and 2 of the Record of Survey filed March 11, 1986 in Book 79 of Licensed Surveyors Maps at page 7; thence along the southerly line of said parcel south 88°49' 30" east 176.44 feet to the Point of Beginning; thence from said Point of Beginning', leaving said southerly line north 7" 40' 00" east 36.63 feet; thence north 806 51' 25" west 5.87 feet; thence north 86 53' 22" east 177.50 feet: thence south 836 52'01"east 3.24 feet; thence north 9" 05'",09"east 26-.19 feet; thence north 186 49'27"east 23.86 feet; thence north 110 11' 56":east 17.15 feet to a point on a non-tangent curve. concave to the west, a radial to said point bears south 76a 4242" east; thence northerly along said curve having a radius of 920.00'feet,through a central angle of 4" 32'41", an arc distance of 72.98 feet: thence` north 86 32' 38" east 190.07 feet; thence south 826 27' 41" east 3.19 feet: thence'north'8* 47' 12"east 141.77 feet; thence north 79° 2'3' 16"'west 3.27 feet: thence north 7" 21' 13` east 79.00 feet, thence north 46 35' 12" west 50.10 feet; thence north 7a 55' 18" west 183.75 feet to a point on a non-tangent carve, concave to the east, a;,radial to said point bears south 876 49'41"west; thence along said curve, having a radius of 730.00 feet, through a central angle of 26 20' 18" an arc distance of 29.79 feet; thence north 1016 21'-14" east 13.88 feet to the north line of said 4.453 acre parcel of land (79 LSM 7) the point of terminous of said line. SUBJECT TO: All covenants, rights, rights of way and easement of record. This real property description has been prepared by me or under my direction. in conformance with the Professiona S ct. Signature: Licensed Land Surveyor Contra Costa County Public Warks ' Date: //- - ,BOO/ � Ext). 12-31-04 �r cP No. 9 ° (az no � 1 � G.,GI"(1at-f'...n.-.t.(V(.h,t r:L'(Si}t.:F•is<S��T�tKuun.Tike �'OF C��1 Parcel Number: 145-360-022 (portion) Grantor: Public Storage, Inca Project Name:. Hookston Station; (North) Address:6700 Kell Center Parkway, Ste. 330 Acquisition of Fee Underlying Easement Pleasanton, CA 94566 Project Number: WO#5496 PURCHASE AND SALE AGREEMENT BETWEEN CONTRA COSTA COUNTY REDEVELOPMENT AGENCY AND PUBLIC STORAGE, INC. This Agreement is entered into by and between CONTRA COSTA COUNTYREDEVELOPMENT AGENCY, a body politic existing'under the laws of the State of California (hereinafter "Agency") and PUBLIC STORAGE, INC., a'California corporation formerly known as Storage Equities, Inc., (hereinafter"Grantor). RECITALS Granter is the owner in fee of a strip of land measuring approximately .44 acres located in Contra Costa County, California and described on Exhibit"A," attached hereto and incorporated herein by reference (the "Property A"). By separate agreement in 1986, Agency acquired an easement over Property'A from a previous owner for use by pedestrians, equestrians, and bicycles, and for landscaping, public utilities, and appurtenances. Agency now desires'to acquire the underlying fee interest in that portion of Property A described below. The legal description for Property A includes the land underlying a portion of an existing masonry wail ("Masonry Wall") on the western edge of Property A. The Masonry Wall was intended to separate Property A from,Grantor's adjoining property to the west. Grantor has requested that that area of Property A that includes the Masonry Wall and all points to the west of the Masonry Wall, be excluded from the area being sold to Agency so that only that portion of Property A that excludes the land underlying the Masonry Wall to the east is granted. That area including the Masonry Wali in its entirety, and all points to the west of the wall shall hereinafter be referred as "Property B." Property B is described in Exhibit "B," attached hereto and made a part hereof. All paints to the east of, and:excluding, the Masonry Miall shall be referred to herein as "Property C." Property'C is the area that Agency intends to purchase, and that Grantor agrees to sell pursuant to this .Agreement. Property C is described in Exhibit "C," attached hereto and made;a part''hereof. Property A, Property B and Property C are all included in the property shown on Exhibit"D,"which Exhibit is attached hereto and made a part hereof. AGREEMENT NOW THEREFORE, in consideration of the agreements herein contained and;for other good and valuable consideration, the receipt and adequacy of'which'are hereby acknowledged, the parties hereby agree as follows: 1 1. Effective Date. It is understood that this Agreement is subject to approval by the Agency's Governing Board, and shall be effective on the date approved j by said Governing Beard ("Effective date"}.. This Agreement will be submitted to the Grantor first for approval, and thereafter to the Agency's Governing Board. 2. Purchase and Sale. Subject to the terms and conditions in this Agreement, Grantor agrees to sell and Agency agrees to purchase Property C, as herein described. Further, Agency agrees to;quitclaim all of its right, title, and interest in and to Property B, as described herein,and Grantor agrees to accept said Property B. 3. Purchase Price, Quitclaim Deed. The purchase; price for Property.0 shall be Twenty- Four Thousand and No/100 Dollars ,($24,000.00) ("Purchase Price"). As additional consideration for Grantor's execution of a Grant Deed ("Grant Deed"') conveying Property C to Agency, Agency shall execute a'.Quitclaim Deed ("Quitclaim") conveying all of its interest in and to Property B, described herein above, to Grantor. A copy'of the Grant Deed is attached 'hereto and made a part hereof as Exhibit "B," and a copy of the Quitclaim is attached hereto and made'a part'hereof as Exhibit"F." All ad' valorem real property taxes i and any penalties and costs thereon, and all installments of any bond or assessment that constitutes a lien on Property C shall be cleared and paid by Grantor as of the date title shall vest in Agency by the recordation of the deed herein pursuant to Sections 4386, 5082, and 5086 of the Revenue and Taxation Code of the Mate of California, if unpaid as of the date title vests. 4. Conditions two Agency's Performance. The Agency's obligation to perform under this Agreement is subject to the conditions that 1) Grantor'performs all of the obligations described in this Agreement, and 2)that Agency is acquiring fee title to Property C. If Agency determines that any of the conditions described in this Agreement have not been met, Agency'shall have the right to terminate this Agreement by delivering written notice to Grantor and, if applicable, the Escrow agent. 5. Escrow. By this Agreement, Agency and Grantor:establish an escrow account with First American Title Guaranty Company, 1850 Mt. Diablo Blvd., Suite 300, Walnut Creek, California 34636 ("Title Company"), escrow number 777221 ("Escrow Account"). Granter hereby authorizes Agency to prepare and file escrow instructions with said Title Company, on behalf of Grantor, in accordance with this Agreement. This includes authorization' of the Title Company to withhold pro rata taxes, liens and assessments awing up to the Close of Escrow, described herein,on the Property conveyed. 5.1. Fees and Title Insurance. The Agency shall pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the Agency, the premium charged therefore. 5.2 Gr or's DAposit into F_9r=. On or before the Close of Escrow, Grantor will deliver into Escrow with the Title Company, the following documents: ' A. The Grant Deed described herein, in 'recordable form and property executed on behalf of Granter conveying to Agency'Property C in fee simple absolute. 2 B. Copies of any effective leases, rental agreements or any other agreements, if any, which the Agency has agreed in writing are to remain in effect after Agency takes title. C. Grantor'saffidavit of nonforeign status as contemplated by Section'1445 of the Internal Revenge Code of 1986, as amended [26 USCA §14451 ("FIRPTA Affidavit"); and D. Grantor's affidavit as contemplated by the Revenue and Taxation Code;§, 18682("Withholding Affidavit"). 5.3. bop•sits into Esca e by Agiaj3cy. Prier to the Close of Escrow, Agency will deposit both'the Purchase Price, and the Quitclaim described herein,'into escrow with the Title`Company. 5.4. Clofie of Escrow. Upon the Agency's Governing Board's authorization to execute the Quitclaim Deed, both the executed Quitclaim Deed and Agency's check for $24,000 will be submitted by Agency to the Title Company and deposited in the Escrow Account. On the closing date, and upon'satisfaction of all of the terms of this Purchase and Safe Agreement by the parties''hereto, the Title Company shall: A. Record both the Grant Deed, marked for return to the Agency care of Dick R. Awenius, Senior Real Property Agent on behalf of Agency (which shall be deemed delivery to the Agency), and the Quitclaim, marked for return to Carl Phelps for Grantor(which shall'be deemed delivery to Grantor); B. Issue the Title Policy, if requested to do so by the Agency; C. Prorate taxes, assessments, rents and other charges as provided by this Agreement; D. Disburse to the Grantor the Quitclaim and the Purchase Price, less prorated amounts and charges to be paid by or on behalf of grantor; E. Disburse the Grant Deed to Agency's Cleric-Recorder for recording; F: Prepare and deliver to the Agency'and to the Grantor one signed copy of the Title Company's closing statement showing all receipts and disbursements of the Escrow. Upon completion of the above,provisions, said documents and payment will be released by the Escrow Agent to the appropriate parties,,and possession of Property C will be «conveyed to Agency which actions shall constitute the close of escrow ("Close of Escrow"). If the Title Company is unable to simultaneously perform all of the instructions set forth above, the Title Company shall notify the Grantor and the Agency and retain all funds and documents pending receipt of further instructions from the Agency. 3 . 6. Assignment and 'Successors. This Agreement shall inure to the benefit of and shall be binding upon the parties to this Agreement and their respective heirs„ successors, and assigns. 7. Notices. All notices (including requests, demands, approvals or other communications) under this Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as follows: Grantor: Public Storage, Inc. 6704 Koll Center Parkway, Suite 330 Pleasanton, CA 94566 Telephone: 925/417-8850 Attn: Bo'Brummett Agency: Real Property Division Public Warks Department 255 Glacier drive Martinez, CA 94553 Telephone: 9251313-2227 Attn: hick R. Awenius or to such ether addresses as Agency and Granter may respectively designate by written notice to the ether. 8. Entire Agreement. The parties have herein set forth the whole of their agreement.The performance of this Agreement constitutes the entire consideration for the purchase and sale of Property C. Grantor has no other right or claim to compensation for the sale of Property C, except as specifically set forth in this Agreement. 9. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sale convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms;and provisions of this Agreement. This Agreement shall not be>construed as if it had been prepared by one of the parties, but rather as if both parties had prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any 'rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. The Recitals are and shall be enforceable as a part of this Agreement. 10. Further Assurances. Whenever requested to do so by the other party, each party shalt execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further 'instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to carry out the intent and purpose of this Agreement. 11. Waiver. A'waiver or breach of any covenant or provision in this Agreement shall not be deemed a waiver of any tither covenant or provision in this Agreement, and no waiver shall 4 be valid unless in writing and executed by the waiving party. 12. Severability. If any term or 'provision of this Agreement shall, to any extent, be held invalid or unenforceable,the remainder of this Agreement shall not be affected. 13. Governing Law and Venue. This Agreement shall be governed and construed in accordance with California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County, California. AGENCY r-.RAtffQR CONTRA COSTA COUNTY PUBLIC STORAGE, INC., REDEVEL PI ENT AGENCY a California corporation Chair tea oounty By 11 'dedevelopment AgencyTi a A RECOMMENDED FOR AP VATJ. By 4u- ;� - Title. : r By *' Date: u k ccs Real Property Agent (Date Signed by Grantor) B !&�2A�L L�L Principal Real Property Agent s APPROVED By LW, eputy Dir , Redevelopme D to (Date'(of Bo rd Approval) N 'OBLIGATION OTHER THAN'THOSE SET FORTH HEREIN WILL BE RECOGNIZED Exhibit;A- Legal Description-Property A Exhibit`8-Legal Description-Property B Exhibit C-Legal Description- Property C Exhibit D--Site Plan-Properties A, B, & C Exhibit''E-Grant Deed Exhibit';F--Quitclaim G.IGrpDataNReaiProptUick1122701 Hookston.StorEq.PurchAgre.doc 1212199(FORM APPROVED BY COUNTY COUNSEL 6199) January 31,2002 5 JUNE ("HOOK" ) ESCROW HOOK PARCELI; DOC. 11('b)--REV. (HOOK EASEMENT PARCEL) -A- Commencing at the, most northeasterly corner or the parcels .of land shown on Sheet 3' of the record or: survey map filed Aj)r i 1 17 , 1985 in Book 76 of Licensed Surveyors Maps at page 46 records of Contra Costa County, California, thence fco(n said point of commencement along the most easterly lime of said parcels , South 8* 44 ' 37" blest 1083 . 99 feet to the most. � southeasterly corner of said parcels (Sheet 3 of 76 LSM 46) ; tt thence along the most :southerly .line of said parcels, N'orLh 000 49' 31 " West: 113.10 feet to Point: "A" as shown on Contra Costa County Public Works Department drawing No Md-72 , titled "SOUTHERN PACIFIC' R/W VICINITY CSP` '€€ClC3€tSTON ROAD € IG€ T OF WAY, " ' dated August, 1985, which point is the point of beginning of (Ale t�'3 hereinafter described parcels of land; 'thence, from said point of beginning (Point "A"') , North 70 401 00" East 180.03 feed ' thence northerly along the are of a tangent curve , concave to the east having a radius of 710.01) rept. Lhrough a central angle of 80 50' 07", a distance of 1 11. i 4 feel ;Lo a point of reverse curve from which a' radi.al line or a curve concave to the west' having a radius of 940.00 feet bears 14ortl 73 ° 21' 53" West ; thence northerly along the are of said ct►rve Lhrough a central angle of, 7b 53' 30", a distance of .129. 47 £eety thence North 00 44 ' '31" 'Fast. 324.99 feet ; thence northerly, along the arc of a tangent: curve, concave to Lite ;west liciv i rig a radius of 590.00 feet through a central angle of 20 12' 21 ", a distance of 208.07 feet to a point of reverse curve Et at►► which a radial Ii. ne of a curve concave to Lite east hav ing radius of 710.00 feet bears' North 70* 32' 16" Eastj thence northerly along the arc of said curve 'through a central'' angle of 12" 30' 59" a distance of; 155.10 Feet' to Point "B" as 1shown on said Contra . Costa County Public Works Department dra'winc No. MO-72 dated August , 1985€ thence along the most: norL erly 1 I ine of said parcels (Sheet 3 of 76 LSM 46 ) North 81" I5`' 13" West 20. 18 feet to a 'point from which a radial line of a curve c(;)ncave to the east having a .radi:us of 730.00 feet bears South Esti ° 44 ' 0'2" East1' thence southerly along the a=rc of said curve;, t.i► rough a central angle > of 120 43' 4211, a distance of 162.1.7 feet to a point of reverse curve 'from which a radial Line of a c~t►rve, concave to the west having a radius of. 570.00 feet , beiars South 780 32' 16" West; thence southerly along the arc a( said curve through a cen'tral'' angle of 211° 1'2' 21" a distance of 201.02 feett thence South 80 441' 37"' West 324.99: feett thence southerly along the arc of a tangent curve, concave to the west: having a radius of 920.00 feet through a central angle' of 70 53' 30" , a distance of 126.72 feet to a point of reverse curve from which a radial line of 'a carve concave ° to the east having a radius of 730.00 feet bears South 73 ° 21' 53" East ; thence southerly along the arc of said curve through a central angle of 6" 58' 07" a distance of 114.27 feet; thence South 70 40' 00°" West 182.31 feet to the most southerly line of said parcels (Sheet 3" of 76 LSM 46) 1 thence along said southerly line SouLh 00° 49' 31" East 20.13 feet' to said Point "A", the point of beginning, Ocontaining an area of 0.509 acres' of 'land, more or less. The bearings used herein are based' upon California Coordinate, System Zone 111. ncr,1TING THEREFROM that portion ' thereof lying within the 67.00 toot: parcel of land described in ti►e deed' from Charles L. Morey III to the City of Pleasant Hill , dated November 18 , 1985 and recorded December 26, 1985 in ]look 12676 of Official Records a't Page 840. Storage Equities Portion APN 148-360-022 Quitclaim a portion of the easement acquired by The Contra CostaCounty Redevelopment Agency Contra Costa County Public Works Drawing Number M-422-2001 EXHIBIT gig, A portion of the easement granted to the Contra Costa County Redevelopment Agency recorded May 30. 1986 in Book 12911 of Official Records at pages 739, 742,745, 748, 751, 754,757,760, 763,76-7,771,775, 778,782, 785, 788, 791, and 794, City of Pleasant Hill, Contra Costa County, California described as follows: Being;all of the easement'lying westerly of the following described line: Commencing at the southwesterly corner of the 4.453 acre parcel of lona shown on sheets 1 and 2 of the Record of Survey filed March 11 1985 in Book 79 of Licensed Surveyors Flaps at page 7; thence along the southerly line of said parcel south 88°49' 30" east 176.44 feet to the Paint of Beginning; thence from said Point of Beginning, leaving said southerly line'north 7° 40' 00"east 36.63'feet; thence north 80° 51' 25" west 5.87 feet; thence north 8° 53' 22" east 177.50 feet; thence south 83°'52' 01"east 3.24 feet;thence north 9° 05'09"east 26.19 feet; thence.north 18° 49'27"east 23.86 feet;thence north I V 11' 56"east 17.15 feet to a paint on a non-tangent curve, concave to the west, a radial to said paint bears south 760 42''42"east; thence northerly along said curve having a radius of 920.00 feet,through a central angle of 4" 32'41", an arc distance of 72.98 feet; thence north 8" 32' 38" east 190.07 feet; thence south 820 27' 41" east 3.19 feet; thence north 8°47' 12"east 141.77 feet;thence north 79" 23' 16"west 3.27 feet;thence north 7° 21' 13" east 79.00 feet; thence north 4"' 35' 12" west 50.10 feet; thence north 70 55'` 18" west 183.75 feet to a point on a non-tangent curve, concave to the east, a radial to sant paint bears south 870 4 '41"west;thence along said curve, having a radius of 730.00 feet,through a central angle of 2" 20' 18", an are distance of 29.79 feet;thence-north 10°21' 14" east 13.88 feet to the north line of said 4.453 acre parcel of land (79 LSM 7)the point of terminous of said line. SUBJECT TO: All covenants, rights, rights of way and easement of record. This real property description has been prepared by me or under my direction, in conformance with the Professional S ct. Signature: stipUNNU , Licensed Land Surveyor /Contra Costa County Public Works Date: /'/ zoo/ �k Exp. 12-31-04LP ak No.5999 G.1G'POataktterscW%EXHISiTSVO011Storage Ew ex B:doc or C Storage Equities Portion of APN 148-360-022 Fee Title to Contra Costa County Contra Costa County Public Works Drawing No. M-422-2001 Exhibit "C" Real property in the City of Pleasant Hill, Contra Costa County,California, being a portion of the Rancho Las Juntas, and being a portion of the 4.453 acre parcel of land shown on Sheets 1 and 2 of the Record of Survey Map filed March 11, 1986 in Book 79 of Licensed Surveyors Maps at page 7, records of Contra Costa County, California, described as follows: ' PARCEL?1: (Fee'Tide) Commencing at the most southwesterly corner of said 4.453 acre parcel of land; thence south 8804931" east 188.26 feet to the Point of Beginning; thence from said Point of Beginning north 7°40'00" east 112.60 feet;',thence northerlyalong the arc of a tangent curve, concave to the east, having a radius of 710.00 feet, through a central angle of 8058'07, a distance of 111.14 feet to a point of a reverse curve,from which a radial line of a curve, concave to the west, having a radius of 940.00 feet bears north 73°21'53"west; thence northerly along the arc of said carve,through a central angle of 7°53'30", a distance of 129.47 feet, thence north 8°44'37"east 324.99 feet;thence northerly along the arc of a tangent curve, concave to the west, having a radius of 590.00 feet,through a central angle of 20*12'21", a distance of 208.07 feet to a point of reverse curve,from which a radial line of a'curve,concave to the east, having a radius of 710.00 feet bears north 78°32'16"east; thence northerly along the arc of said curve, through a central angle of 1203059" a distance of 185.10 feet to Point "B" as shown on said Record of Survey (79 LSM 7); thence along the northerly line of said 4.453 acre parcel north 81015'23"'west'17.83'feet; thence leaving said line, south 10°21'14" west 13.88 feet; thence along the arc of a non- tangent carve,concave to the east, having a radius of 730.00 feet,from which a radial line bears south 89°50'01"east;thence southerly,along the arc of said curve,through a central angle of 2°20'18"a distance of 29.79 feet;thence non-tangentto said curve south 7055"18" east 183.75 feet; thence south 4°35'12"east 50.10 feet;thence south 7°21'13"west 79.00.` feet;thence south 79023'16"east 3.27 feet;thence south 8047'12"west 141.77 feet;thence north 82°27'41 'west 3.19 feet; thence south 8°32'38'west 190.07 feet; thence along the arc of a nontangent.curve, concave to the west, having a radius of 920.00feet,'.from which' a radial line bears north 81115'23" west; thence southerly, along the arc of said curve,` through a central angle of 4032'41" a distance of 72.98 feet; thence non-tangent to said curve south 11°11'56" west 17.15 feet; thence south 18049'27" gest 23.86 feet; thence south 9005'09" west 26.19 feet; thence north 83°52'01" west 3.24 feet; thence south; 81053'22" west>177.50 feet, thence south 80051'25" east 5.87 feet; thence south 7040'00" west 36.63 feet to the northerly right of way line of Hookston Road as shown on said Record of Survey (79 LSM 7); thence along said right of way line south 88°49'30" east 11,82 feet to the Point of'Beginning. Containing an area of 19,057 square feet of land, more or less_ Bearings are based on the California Coordinate System of 1927 (CCS27), Zone Ill. This real property description has been prepared by me or under my direction, in conformance with the Professional Surveyors Act. Signature: ' L icensed Land Surveyor Contra Costa CountyPublic Works * Exp. 12-31-04 Bate:{�.. »' No.5999 - ° EP.sg:mp c C-opraacatcrerican trBr€ o1 oOKsTor4 cccRa TRAIL.doc 11128101 On CA ! L -- Ln 1 1 1 ! no ! 1 [ t ! 1 I I ii ! 11 49 vzac:: xx se: 1. w C7 I 1 —4 1 I 0 1 t1 z ! ! ! t ! ! ! I I It1 t I Tl 1 E1 33 1403.S)400" CN 1 I OK 0�' NOiStO � �`' �• � y ! I t 1 i 11 1 f 1 I Recorded at the request of:` Contra Costa County>' Redevelopment Agency Return to: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Dick R. Awenius Assessor's Parcel No. 148-360-022 (portion) Title Co. Order No. 777221 GRANT DEED For value received, receipt of which is hereby acknowledged, 'PUBLIC STORAGE, IN'C.,,a California corporation, formerly known as Storage Equities, Inc., hereby GRANTS to CONTRA COSTA COUNTY REDEVELOPMENT AGENCY,;.a body corporate and politic existing under the laws of the State of California, fee title to the real property, and all improvements located thereon, in the City of Pleasant Hill, County of Contra Costa, State of California, which property is described on Exhibit"A,"and is attached hereto and made a part hereof. This conveyance is subject to any and all matters affecting such real property„ whether or not of record: GRANTOR- Public Storage, Inc., aCalifornia corporation Date S.�Yva.<'Lt 1�,,aa0 By: PL-Q, Carl B Phelps Titlesep,ior 'Vic'e President By: Vaw -4 A& Senior' Vice Preside' t and Title:Assistant Secretary ATTACH APPROPRIATE ACKNOWLEDGMENT G:lrealproplDickt13102P'ubStor.GrantDeed STATE OF CALIFORNIA COUNTY OF LOS ANGELES On February 12,° 2002, before me, Barbara Neisler,:. Notary Public, personally appeared Carl B. Phelps and David Goldberg, personally known to me (or proved to me on. the 'basi's of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies) ,' and that by his/her/their signature (s) on the instrument the person (s) , or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal . BARBARA NEISLER R COMM.#1225691 S: NOTARY PUBLIC'-CALIFORNIA S's 2 LOS ANGELES COUNTY 2 i gn a t'Tl r e My Comm.Expires July 20,2003 � �R# #R#Ri# #!#!#R#######ti####i# #!R#• StorageEquities Portion of APN 148-360-022' Fee Title to Contra Costa County Contra Costa County Public Works Drawing'No. -422-2001 EXHIBIT 11A" Real property in the City of Pleasant Hill, Centra Costa County, California, being a portion of the Rancho Las Juntas, and being a portion of the 4.453 acre parcel of land shown on< Sheets 1 and 2 of the Record of Survey Map filed March 11, 1986 in Book 79 of Licensed Surveyors Maps at page 7, records of Contra Costa County, California, described as follows: PARCEL 1: {Fee Title} Commencing at the most southwesterly corner of said 4.453 acre parcel of land; thence south 88049'31" east 188.26 feet to the Point of Beginning; thence from said Point of Beginning north 7040'00" east 112.60 feet, thence northerly along the arc of a tangent curve, concave to the east, having a radius of 710.00 feet, through a central angle of 8058'07", a distance of 111.14 feet to a point of a reverse curve,from which a radial line of a curve, concave to the west, having a radius of 940.00 feet bears north 73121'53" west; thence northerly along the arc of said curve, through a central angle of 7053'30", a distance;, of 129.47 feet, thence north 8144'37"east 324.99 feet;thence northerly along the arc of a<. tangent curve, concave to the west, having a radius of 590.00 feet, through a central angle: of 20012'21", a distance of 208.07 feet to a-point of reverse curve, from which a radial line of a curve, concave to the east,:having a radius of 710.00 feet bears north 78032'l 6"'east;: thence northerly along the arc of said curve, through a central angle of 12130'59" a- distance' of 155.10`feet to Point "B"' as shown'on said Record ;of Survey (79 LSM 7); thence along the northerly line of said 4.453 acre parcel north 81015'23"west 17.83 feet, thence leaving;said'line, south 10021'14" west 13.88 feet; thence along the arc of a non tangent curve,concave to the east, having a radius of 730.00 feet,from which a radial line bears south 89°50'01"east;thence southerly, along the arc of said curve, through a central angle of 2"20'18"a distance of 29.79 feet;thence non tangent to said curve south 7055'18" east 183.75 feet; thence south 4135'12"east 50.10 feet; thence south 7021'13"west 79.00 feet;thence south 79023'l 6"east 3.27 feet;thence south 8047'12"west 141.77 feet;thence north 82°27'41" west 3.19 feet: thence south 8032'38' west 190.07'feet;:thence along the arc of a non-tangent curve, concave to the west, having,a radius of 920.00 feet, from which a radial line bears north 1015'23" west; thence southerly, along the arc of said curve, through a central angle of 4°32'41" a distance of 72.98 feet; thence non-tangent to said curve south 11°11'56" west 17.15 feet; thence south 181149'27" west 23.86 feet; thence south 9105'09" west 26.19 feet; thence north 83°52'01" west 3.24 feet; thence south 8053'22" west 177.50 feet; thence south 80051'25" east 5.87 feet;:thence south 7°40'00" west 36.63 feet to the northerly right of way line of Hookston Road as shown on said Record of Survey (r 9 LSM 7); thence along said right of way line south 88°49'30,, east 11 'g21 feet to the Paint of Beginning': Containing an area of 19,057 square feet of land, more or less. Bearings are based on the California Coordinate System of 1927 (CCS27), Zone Ill, This real property description has been prepared by me or under my direction, in conformance with the Professional Surveyors Acta Signature: �..�.. .� ���� uZWE ✓, Licensed Land Surveyor Contra Costa County Public Works UP. 12-31-04 rigs ©ate: �'!— �. CA EP sg:mp G.tGrpOata\Clericat\EXHIBITSl20OIkHCOKSTON CCCRA TRAIL.dac 11/28/01 SELLERS AFFIDAVIT (Calif©mia FMPTA) CALIFORNIA REVENUE AND TAXATION CODE SECTIONS 18805 and 26131 provides that a transferee (Buyer) of California real estate must withhold tax if the transferor (Seller) is a NONRESIDENT SELLER. The withholding rate is 3 1f3% of the selling price. To inform the Buyer that withholding of the tax IS NOT required upon disposition of the above-referenced California real property interest, 1, the undersigned hereby certify as follows: Check Box(s) Applicable 1Z 1. The sales price is NOT greater that$100,000.000' F-1 2. The real property being conveyed WAS the undersigned Seller's principal place of residence, as defined in Section 1034 of the Internal Revenue Code'. 3. 1 am a resident of the State of California. F� 4. My current address is NOT OUTSIDE of the Sate of California. P 5. Seller is a corporation with a'permanent place of business in California. 6. Seller is bank acting as Trustee of a Deed of Trust. ❑ 7. Seller is a Partnership: 8. Property was reacquired through foreclosure by a corporation. NONE, of the above statements are applicable. Therefore, withholding WILL be required' unless a waiver is obtained from Franchise Tax Board. I understand that this certification may be disclosed to the Franchise Tax Beard by the Buyer and any false statement made by the seller could be punished by fine, imprisonment or both'. Under penalty of perjury, I declare that I have examined this certification and to the best of my knowledge and belief, it is true and correct. Pub S t o r a g Inc . TAX'I.D. NO. 95-3551121 By: Carl B. Phelps TAX'I.D. NO. 39- Senior Vice' President DATED: var- � an , SELLERS ADDRESS UPON'DATE'OF PROPERTY TRANSFER: 701 Western Avenue, Glendale, CA 91201 (Nate: DO NOT USE A P.O. BOX NUMBER-GIVE STREET LOCATION) RECEIVED: 19, ESCROW HOLDER BY: NOTE:THE BUYER MUST RETAIN THIS CERTIFICATION UNTIL THE END OF THE FIFTH TAXABLE YEAR FOLLOWING THE TAXABLE YEAR IN WHICH THIS TRANSFER TOOK PLACE. THE FRANCHISE TAX BOARD MAY REQUIRE THIS CERTIFICAITON BE FILED WITH THEM. G:\Grp Data\RealProp\FORMS\ES.7,do c 6/11/01 SELLER'S AFFIDAVIT (Federal FIRPTA) Section 1445 of the Internal Revenue Code provides that a transferee (buyer) of a U.S real property interest must withhold tax if the transferor(seller) is a foreign person or entity. The withholding rate is 10% of the selling price. To inform the transferee (buyer) that withholding tax IS NOT required': upon my disposition of a U.S. real property interest, 1, Public Storage, Inc . hereby certify the following: 1.. 1 am not a nonresident alien for purpose of U.S. income taxation, 2. My U. S. taxpayer identifying number is 9 5-3 5 5 112 1 3. My home address is 701 western Av' nua. Gl pedal e , CA q 201 I understand that this certification may be disclosedto the Internal Revenue' Service by the transferee and that any false statement ';I have made here could be punished by fine, imprisonment, or both: Under penalty of perjury, I declare that'I have examined this certification and to the best of my knowledge and belief it is true, correct and completer DATED: buc �oa, aoa- at C-�1evale , California Public Storage, Inc . Br y.. Carl e 'Ps Senior Vice President RELIVED: 20 By: ESCROW HOLDER BY: By NOTE:The Transferee must retain this affidavit until the end'of the fifth taxable year following the taxable year in which the transfer takes place. G:tGrpData\Rea{Prop\FORMS\ES.8.doc 6!11/01 Recorded at the request of: Contra.Costa,County Redevelopment Agency After recording return to: Public Storage, Inc. 701 Western Avenue, Suite 200 Glendale, CA '91201-2349 Attn: Carl Phelps And to: Contra Costa County Public Works Dept. Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Dick R. Awenius Assessor's Parcel No. 148-360-022 (portion) Title Co. Order No. 777221 QUITCLAIM AIM DEEB For a valuable:.consideration, receipt of which is hereby acknowledged, CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, a body corporate and politic existing under the laws of the State of California, does hereby remise, release, and forever quitclaim to Public Storage, Inc., a California corporation formerly known as Storage Equities, Inc:, the real property and all improvements located'thereon in the City of Pleasant Hill, County of Contra Costa, State of California, which property is described on Exhibit "A," attached hereto and made a part hereof. CONTRA COSTA COUNTY REDEVELOPMENT AGENCY` Dated By Chair, Board of Supervisors STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA ) On before me, John Sweeten, Clerk of the Board of Supervisors and County Administrator, Contra Costa County,personally appeared who is personally:knownto me(or proved to on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed'to the within"instrument and acknowl- edged to nye that`he/shelthey executed the same in his/- her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),;or the entity upon behalf of which the person(s) acted, executed the instrument'. By Deputy Clerk DRA: G:1GrpDatalRealProplD ck113102Hookston.PubStor:'QuitC