HomeMy WebLinkAboutMINUTES - 05202003 - C1-C4 .._ _........ ......... ......... ......... ......... ......... ......... ......... ..........._-....
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on May 20,2003 by the following vote:
AYES: SUPERVISORS UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: SUPERVISOR JOHN GIOIA
ABSTAIN: NONE
RESOLUTION NO. 2003/ 325
SUBJECT: Ratify prior decision of the Public Works Director to fully close a portion of Concord
Avenue on May 2,2003 through May 16,2003 for 24 hours per day,for the purpose
of the widening the road for RA 1140(cross reference Subdivision 8089),Brentwood
area. (District IIT)
RC-03-7
The Public Works Director having reported that prior approval has been granted to William
G. McCullogh Company to fully close Concord Avenue, except for emergency traffic,on May 2,
2003 through May 16,2003 for 24 hours per day,subject to the following conditions:
1. Traffic will be detoured via neighboring streets per traffic control plan approved by public
works.
2. All signing to be in accordance with the State of California Manual of Traffic Controls.
3. William G. McCullough Company shall comply with the requirements of the Ordinance
Code of Contra Costa County.
4. Have on file with the County Public Works Department at the Application and Permit Center
a Certificate of Insurance in the amount of$1,000,000 for Comprehensive General Public
Liability which names the County as an additional insured.
5. Obtain approval for the closure from the Sheriff's Department,the California Highway Patrol
and the Fire District.
IT IS BY THE BOARD RESOLVED that the action taken by the Public Works Director is approved.
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of supervisors on
814= the date shown.
G:iGgDafa\En$Svc\BO\200315-20.031i2C-03-7.dac
orfgiaator.Public works( } ATTESTED: MAY 20, 200.3
Coatack: Bob Hendry(335-1375)
te: CHP JOAN SWEETEN,Clerk of the Board of Supervisors and County
Sheriff-Patrol Div.Commander Administrator
By ,Deputy
RESOLUTION NO.2003/ 325
. .
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SH'IU, PUBLIC WORKS DIRECTOR
DATE: May 20, 2003
SUBJECT: Approve Right of Way Contract and License Agreement; Accept the Grant Deed from
Security Public Storage. Pittsburg area. SCH# 2000112007
Project No.: 4660-6X4287 Task: ACQ Account: 3540
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
�. RP CftY1m _nd d Action:
A. APPROVE Right of Way Contract and License Agreement; ACCEPT the Grant Deed
from Security Public Storage.
B. AUTHORIZE the Public Warks Director, or designee, to execute said Right of Way
Contract and License Agreement on behalf of the County.
C. APPROVE payment of $3,840,796 for said property rights, and AUTHORIZE the Auditor-
Controller to issue a check in the amount of$294,796, which is the remainder balance of
the purchase price payable to Placer Title Co., 1981 N. Broadway, Suite 104, Walnut
Creek, CA 94596, Escrow No. 6153888 to be forwarded to the Real Property Division for
delivery.
D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in
the Office of the County Recorder.
Continued on Attachment: SIGNATURE. "
ECOMMENDATION OF COUNTY ADMINISTRATOR
_.._RECOMMENDATION OF BOARD COMMITTEE
--APPROVE THER
SIGNATURES
ACTION OF BOVD N MAY 20, 2003 APPROVED AS RECOMMENDED Xi OTHER
r '
I hereby certify that this is a true and correct
VOTE OF SUPERVISORS copy of an action taken and entered on the
_UNANIMOUS(ABSENT,DISC'._I ) minutes of the Board of Supervisors on the
AYES:. NOES. date shown.
ASSENT: ABSTAIN: MAY 20 20)03
ATTESTED:_ j
KAL:eh DISTRICT III SEAT VACANT JOHN SWEETEN,Clerk of the Board of
G:\GrpOata\Rea[Prop\2003-Files\BOs&RES\B02 Security Public 5torage.doc Supervisors and CountyAdministrator
Orig.Div: Public Works(R/P)
Contact: Karen Laws(313-2228) By Deputy
cc: County Administrator
Auditor-Controller(via R/P)
P.W.Accounting(via R/P)
Recorder(via F;UP)
Board Carders Senior Clerk,Adm.
Subject: Approve Right of Way Contract and License Agreement; Accept the Grant Deed
from Security Public Storage. Pittsburg area.
Date: May 20, 2003
Page: 2
If. Fiscal Impar-
Payment
m arsPayment of$3,840,796 from Centra Costa County Transportation Authority funds.
Ill. Reannns for Recommandatinnc and R arm und:
These property rights are required for the State Route 4, Railroad Avenue to Loveridge Road
projectin accordance with the approved plans and specifications. The total value of
compensation for the necessary property rights is $4,218,310. This compensation will be
achieved by two separate transactions. One will be a property exchange and the other will be a
cash payment.
The cash payment will be $3,840,796. Currently on deposit with the State for a pending eminent
domain action, is the sum of $3,546,000. This sum will be transferred directly to the escrow
account, therefore, we are only requesting the Auditor-Controller to issue a check in the amount
of the difference ($294,796).
The property exchange transaction is valued at $377,514 (to be approved under separate board
resolution dated May 20, 2003).
IV. Co u _n es of Narrative Action:
The project will not have sufficient land rights to allow construction in accordance with the
approved plans and specifications.
Recording Requested By:
Contra Costa County '
When Recorded, Return To:
Contra Costa County
Public Works Department
255 Glacier Dr
Martinez,CA 34553
Attn: Karen A. Laves
SPACE ABOVE THIS UNE FOR RECORDER'S USE
A.P.N. 088-250-048
Title Company order No,6153888
Distrkl County Route Post Mite Number
4 CC 4 KP 38.024 A5WO3-1
r
GRANT DEED
For Value Received, SECURITY PUBLIC STORAGE - PITTSBURG, a California Limited
Partnership, CRAFTS to CONTRA COSTA COUNTY, a political subdivision of the State of
California, the following described real property in the City of Pittsburg, County of Contra Costa,
State of California,
FOR DESCRIPTION SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF.
Dated this Of of �_ ,2003.
SECURITY PUBLIC STORAGE PITTSBURG, a California Limited Part
By: Baco LLC, a California limited liability company, General Partner
By: ```"-� By:
7z 1
AP-
Name: o-iL!o? Chat y i L Name' It• # .A
Title: Y.15ctt'eo r � Title: _ lZi c E Lrges
ATTEST:
t6rporatej,5ocretiiy (CORPORATE SEAL)
ATTACH APPROPRIATE ACKNOWLEDGEMENT
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California )
)ss.
County of San'Francisco )
On May 12, 2003 before me, L. M. Gentry,Notary Public,personally appeared Allen Orwitz,personally
known to me to be the person whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his authorized capacity,and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted,executed the instrument.
WITNESS my hand and official seal.
L.M.GENTRY
COttNftil;jpf! 9311302
%oury Public-Catttcrnis Signattire of Nota blie
Cao # imi JUI271201
OPTIONAL
Description of attached Document.
Type of Document: Grant Deed
Document Date:May 9,2003 Number of Pagers: I
Signer(s)Other Than Named Above: Eric D. Horodas,
Capaeity(ies)Claimed by Signer(s): President,BACO, LLC
Signer's Name:Allen Orwitz
................................................................................I..........................................................................
,,,4-1
C_A01
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
)ss.
County of San Francisco
On May 12,2003,before me, L. M. Gentry,Notary Public,personally appeared Eric D.Horodas,personally known to
me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed
the same in their authorized capacities and that by their signatures on the instrument the persons,or the entity upon behalf
of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
Commission#13113M
Signature of Notary qblit
gar, Frandsm Caur4 Ir
.soon
E*nftJU127.2=P
OPTIONAL
Description of attached Document:
Type of Document:Grant Deed
Document Date: May%2003, Number of Pagers: I
Signer(s)Other Than Named Above.Allen Orwitz
Capacity(ies)Claimed by Signer(s): Voce President
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4-CC-4
ISP-37.6
PARCEL 58003
Exhibit« A "
PARCEL 58003-1
Being a portion of that certain parcel of lanai described in the Grant Beed to Security Public Storage recorded November
9, 1995 as Instrument No.95 195861 in the Official Records of Contra Costa County;being more particularly described
as follows:
Beginning at the northwest corner of said Security Public Storage parcel; Thence along the north line of said Security
Public Storage parcel, South 72° 17' 46" East, 131.434 meters to the northerly common corner between the Security
Public Storage parcel and that certain parcel of land described in a grant deed to Bishop-Wisecarver, Corporation
recorded December 20, 1958 in Book 5775 Page 381 Official Records of said County; Thence along the common line
between said Security Public Storage and said Bishop-Wisecarver parcels, South 17° 42' 14" West, 37.683 meters;
Thence leaving said common line,North 72° 16' 16"West, 131.442 meters to the west line of the said Security Public
Storage parcel, same corner being a point on the east line of that certain parcel of land described in the grant deed to
West, Clark & Gardiner Partnership, recorded December 14, 1983 in Book 11570, Page 804 Official Records of said
County; Thence along the common line between said Security Public Storage and said West, Clark & Gardiner
Partnership parcels, North 17°43' 18"East,37.626 meters to the Point of Beginning.
Containing 4949.1 Square meters,more or less.
This conveyance is made for the purposes of a freeway and the grantor hereby releases and relinquishes to the grantee
any and all abutter's rights including access rights appurtenant to grantor's remaining property in and to said freeway;
also releases and relinquishes any and all other abutter's rights other than access appurtenant to said remaining
grantee property in and to said freeway.
Bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 3.
Multiply distances shown by 1.0000639 to obtain ground level distances.
Thi operty descriptionp p e by me,or under my direction,in conformance with the Professional
and Sure
' a H 0
Scott A.Shortlidge Date
Licensed Land Surveyor
California No. 6441 N2 6441
0 rAL14Q
LEGEND
POB = POINT OF BEGINNING
I = RELINQUISHMENT OF
ABUTTER'S RIGHTS
STATE ROUTE 4
pOa
S 72'17'46"E 131.430m
CY 1-bi ;
z SECURITY PUBLIC STORAGE
' u7 PARCEL "B"
04 tr EEE TAKEco
N
rn a m 3 oi 50 PM 48 AREA � 4949.1 m 2 3
N 72'16'16"W 131.442mfill
tv
Q
C; co U ft-
U
co
rx
PARCEL "C" REMAINDER a
50 PM 48 AREA *- 7029.6 m 2 � u'
m
BEARINGS AND DISTANCES USED ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM EIF 1983, ZONE III. MULTIPLY DISTANCES
SHOWN HY 1.6000639 TO OBTAIN GROUND DISTANCES,
PLAT TO ACCOMEAWY DESCRlMON
1:100 LANDS OF SE BUC STORAGE
25 0 25 MA & CO. INC.
FIDE:N VALfw Cim
GRAPHIC SCALE = METERS xuaD s -AMR- m f
CKA sr SAS n #boost
nAtE 06/6s>0E 30 6 12131406
�TIIGE fr°
LC 1 :1
'�`� V' —0 11�0ltANtHCS PtA7S FOR A=Mllok\88dCJ' —PU131C SMRACE
ALL-PURPOSE ACKNOWLEDGMENT
State of California )
} ss.
County of }
On before me,
(Date) (Notary)
personally appeared
Signer(s)
'personally known to me -OR F—] proved to me on the basis of satisfactory
evidence to be the person(s)whose
name(s) is/are subscribed to the within
instrument and acknowledged to me that
he/she/they executed the same in
his/her/their authorized capacity(ies), and
that by his/her/their signature(s)on the
instrument,the persons),or the entity
upon behalf of which the person(s)acted,
executed the instrument.
WITNESS my hand and official seal
NOTARY'S SIGNATURE
*** * ** * **** * OPTIONAL INFORMA'T'ION
The information below is not rewired by taw. However,it could prevent fraudulent attachment of this acknow-
ledgment to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
E:] INDIVIDUAL
TITLE OR TYPE t1E IXxI,SMENT
CORPORATE OFFICER
TITLE NUMBER OF PAGES
E7 PARTNER(S)
TRUSTEE(S)
DATE or DOCUMENT
GUARDIAN/CONSERVATOR
F7OTHER:
OTHER
SIGNER IS PREPRESENTING:
' (SR4-Pittsburg): Security Public Storage
TEMPORARY CONSTRUCTIONPERMIT
Contra Costa County Project Name: SR4/Railroad to Loveridge
Public Works Department Project Number: 4660-6X4287
Real Property Division
255 Glacier Drive
Martinez, CA 34553
Permission is hereby granted to Contra Costa County, its contractors and their
authorized agents, to enter and bring the necessary workers, tools and equipment onto
the property of the undersigned, as shown on the attached maps or where necessary,
for access to the premises for demolition purposes.
It is understood and agreed that Contra Costa County will not unreasonably disturb or
interfere with the business or operations of Grantor nor Grantor's tenants, will leave the
premises in a clean and orderly condition and will repair, replace or compensate for any
existing improvements that may have been disturbed or removed during the course of
the work.
It is further understood and agreed that'the permission to do the work and perform the
acts stated herein shall remain in force and effect only until the completion of
construction and that all rights hereunder shall ease when said work has been
completed.
RECOMMENDED FOR APPROVAL GRANTOR
Security Public Storage Pittsburg
A California Urnited Partnership
By: Baco LLC
wren A. ws A California Limited Liability Company
I , By:
Property Agent Its: General Partner
By:
ACCEPTED:
Public Works Depa en Name:_`+*`v aww i
By w Title: "s -r--
ILII
M. Shiu
Public Works Director By:
Date: Nam: i s c A&fggoAs
(Date of Approval)
Title: vice 89eA
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� y
k ` RIGHT 4F WAY CONTRACT — STATE HIGHWAY
RW"(Rev 6195) 71 Page 1 of 13
Martinez California District Coun Route Post Mite RNV E.A.
M 64 1 r ,2003 4 CCC 4 KP A58003-1
(Use SAME date as dh ectar of Public 38.024
Works' signature date)
Document No. A58O03-1 in the form of a Grant Deed, covering the property
particularly described in Exhibit B attached hereto , and Temporary Construction Permit,
covering the property particularly described in Exhibit C attached hereto have been
executed and delivered to Karen A. Laws, Right of Way Agent for Contra Costa County.
The parties to this Agreement shall be referred to herein as follows:
Contra Costa County, a political subdivision of the State of California, shall be
referred to as the "County";
Security Public Storage-- Pittsburg, a California Limited Partnership, shall be
referred to as "Security".
The real property which is the subject of this agreement is described in the following
exhibits to this agreement, which are made a part hereof:
Exhibit A: A certain parcel of lend currently owned by Security and identified as
Contra Costa Assessor's Parcel No. 088-254-448;
Exhibit B: The portion of the property described in Exhibit A to be
conveyed to the County for highway purposes;
Exhibit C: That portion of the property described in Exhibit A which remains
after conveyance of the property described in Exhibit B;
Exhibit D: Property presently owned by the County which is to be conveyed to
Security under this agreement. Said property is a portion of a certain
parcels of land currently owned by the County and identified as
Contra Costa County Assessor's Parcels No. 088-504-008 and 488-
500-049.
In consideration of which, and the other considerations hereinafter set forth, it is
mutually agreed as follows:
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1. (A) The parties have herein set forth the whole of their agreement. The
performance of this agreement constitutes the entire consideration for said
document and shall relieve the County of all further obligation or claims on
this account, or on account of the location, grade or construction of the
proposed public improvement.
(B) County requires the property described in Grant Deed A58003-1, which is
also described in Exhibit B, for State highway purposes, a public use for
which County has the authority to exercise the power of eminent domain.
Security is compelled to sell, and County is compelled to acquire the
property.
2. The County shall;
(A) Pay Security compensation in the amount of FOUR MILLION DOLLARS
($4,000,000.00) for the property or interest conveyedby Grant Deed
A58003-1 and described in Exhibit B, and for the rights conveyed by
Temporary Construction Permit covering the property in Exhibit C, when title
to said property interests vests in the County free and clear of all liens,
encumbrances, assessments, easements and leases (recorded and/or
unrecorded)and takes, except:
(1) Taxes for the tax year in which this escrow closes shall be cleared
and paid in the manner required by Section'5086 of the Revenue and
Taxation Code, if unpaid at the close of escrow.
(2) The following easements or rights of way over said land'for public or
quasi-public utility or public street purposes, referred to in Placer Title
Company Preliminary Title Report 6153888, dated January 23, 2003,
insofar as the same are applicable to the subject property.
Placer Exception #6
Easement for sanitary sewers, water distribution system and
other uses, over strips of land '10 feet in width, to the City of
Pittsburg, dated January 3, 1962, and recorded at Book 4027,
Page 189, Official Records of Contra Costa County, California;
Placer Exception #7
Easement for railroad, transportation and incidental purposes,
across a strip of land 20 feet in width, granted to the United
States of America by an instrument dated November 14, 1962,
and recorded at Book 4242, Page 391, Official Records of
Contra Costa County, California;
CADocuments and SettingstSue EvansiMy Documents\SPS ROW Contract Ver 161 050503 sre.doc
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RIGHT OF WAY CONTRACT - STATE HIGHWAY
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Placer Exception #8
Easement for railroad, transportation and incidental purposes,
across a strip of land 20 feet in width, granted to the United
States of America by an instrument dated June 25, 1963, and
recorded at Book 4397, Page 839, Official Records of Contra
Costa County, California;
Placer Exception #9
Easement for railroad across a strip of land 20 feet in width,
granted to Bishop-Wisecarver Corp., a corporation, by an
instrument recordedDecember 20, 1968, at Book 5775, Page
381, Official Records of Contra Costa County, California;
Platter ,ption#10
Easement for a "proposed 10 ft. right of way (non-exclusive)"
as shown on Parcel Map 7608, recorded December 15, 1976,
at Book 50 Parcel flaps, Page 48, Official Records of Contra
Costa County, California;
Placer Exception#12
Easement for roadway and utilities (water, gas, oil and sewer
pipe lines and for telephone, electric light and power lines)
reserved to Jahn L. Carpenter, et ux, in a document recorded
November 15, 1979, at Book 9620, Page 117, Official Records
of Contra Costa County, California;
Placer Exception#14
10' easement'for a water line and incidental purposes granted to the
City of Pittsburg in a document recorded September 7, 1990, at book
16101, Page 598, Official Records of Contra Costa County,
California.
(3) lack of rights of access to or from the street, highway or freeway
abutting said land as relinquished by:
Placer Exception#4
Document dated July 13, 1953, recorded at Book 2160, Page
112, Official Records of Contra Costa County, California;
Placer Exception #5
Document dated October 29, 1959, and recorded at Book
3484, Page 207, Official Records of Contra Costa County,
California.
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The exceptions set forth in Paragraphs 2(A)(2) and 2(A)(3) above are
hereinafter referred to as the"Approved Exceptions".
(B) Pay Security compensation in the amount of$218,310.00 for the following
work required on the property described in Exhibit D:
(1) Parcel merger:
Merger of the properties described in Exhibits C and D $ 6,780.00
(2) Water line relocation, including fire hydrants
Relocation of a portion of the water line on the
properties described in Exhibits C and D, which
line is designated "10 ft water easement 4027
OR 169 (W-6)" on Parcel Map 7608, recorded
at Book 50 Parcel Maps, Page 48, Official
Records of Contra Costa County, California,
to a new location on said properties which will
comply with the City of Pittsburg's requirements
for Security's proposed improvements on said
properties $ 110,000.00
(3) Excavation of buried foundations.
Removal of buried foundations for former
Cate Stoneman structures on the property
described in Exhibit D $25,000.00
(4) Storm drain relocation.
Relocation of a portion of the storm drain and
catch basins on the properties described in
Exhibits C and D, to a new location on said
properties which will comply with the City of
Pittsburg's requirements for Security's proposed
improvements on said properties. Said storm
drain currently begins in the"Harbor Court
P.U.E." portion of Lot 6 of Subdivision 5382,
recorded at 233 Maps, Page 28, Official
Records of Contra Costa County, California,
and proceeds northeast and east across the
properties described in Exhibits C and D. $76,530.00
The work items described above shallbe performed by Security. Security
hereby releases and discharges the County, its officers, agents and
employees from any rights, claims, damages and liabilities which Security
now has or could assert in the future against the County arising out of the
parcel merger and property improvements described above.
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RIGHT OF WAY CONTRACT -- STATEHIGHWAY
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(C) Pay the compensation described above in Paragraphs 2(A) and 2(B), as
follows:
(1) County has deposited the sum of THREE MILLION FIVE HUNDRED
FORTY-SIX THOUSAND DOLLARS ($3,546,000) with the California
State Treasurer, and the State Treasurer has issued a warrant in that
amount payable to Placer Title Company, in trust for Security and
LaSalle National Bank, and delivered such warrant into escrow;
(2) County shall pay the sum of TWO HUNDRED NINETY-FOUR
THOUSAND SEVEN HUNDRED NINETY SIX DOLLARS($294,796)
to Security in cash upon close of escrow;
(3) County shall convey to Security the real property described in Exhibit
D, on the terms described in Paragraph 3 below. The real property
described in Exhibit D contains 83,892 square feet, more or less, and
shall be valued for purposes of this conveyance at$4.50 per square
foot, for a total value'of said real property of$ 377,514.09.
(D) Pay all escrow, recording fees and transfer taxes, if any, incurred for the
transfer of the property described in Exhibit B and, if title insurance is
desired by the County, the premium charged therefor.
(E) For the property described in Exhibit B only, have the authority to deduct and
pay from the amount shown in Clause 2(A)above, any amount necessary to
satisfy any bond demands and delinquent taxes due in any year except the
year in which this escrow closes, together with penalties and interest
thereon, and/or delinquent and unpaid nondelinquent assessments which
have become a lien at the close of escrow.
3. The County shall further:
(A) Canvey the property'or interest described in Exhibit D to Security by Grant
Deed, subject to all recorded liens, encumbrances, assessments, easements
and taxes;
(B) Pay all escrow, recording fees and transfer taxes, if any, for this transfer;
(C) Pay the premium for title insurance on said property, which title insurance
shall be a standard California Land Title Association owner's policy for the
benefit of Security and a standard American Land Title lender's policy for the
benefit of Security's deed of trust holder;
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4. (A) Security shall retain possession of the property described in Exhibit B hereto,
up to and including the date of recording of the deed conveying title to
County upon compliance by Security with the conditions of this
contract.
(B) Likewise, County shall retain possession of the property described in Exhibit
D hereto, up to and including the date of recording of the deed conveying
title to Security, upon compliance by County with the conditions of this
contract.
5. As a part of the escrow requirements of the sale and transfer described herein,
Security shall execute and deliver to County, a County license agreement in the
form as shown in Exhibit G attached hereto, under which Security shall occupy the
property described in Exhibit B from the County after close of escrow. Under said
license agreement:
(A) Security shall be permitted to continue its current business of storage space
rental in the buildings currently located on the property described in Exhibit
B. Security shall be permitted to retain all rents and other income generated
by said business located on the property described in Exhibit B in return for
management and maintenance of said property and the improvements
thereon, as outlined in the license agreement.
(B) The County requires that the property described in Exhibit B be entirely
vacated no later than January 31, 2004 . The term of said license
agreement shall begin upon close of escrow and shall continue until (1)
completion of Security's new improvements to be built on the property
described in Exhibit D and the transfer of Security's tenants from the
property described in Exhibit B; or (2) January 31, 2004 , whichever shall
first occu
(C) As consideration to the County for said license, Security shall continue to
manage and maintain the property described on Exhibit B, and all
improvements thereon, including but not limited to:
1 Provision of adequate personnel on site and otherwise to
manage and maintain the property described in Exhibit B as
provided in the license agreement;
2) Maintenance and repair of all security, fire protection, utility and
other systems and equipment on or connecting with the property
described in Exhibit B;
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3) Maintenance and repair of the pavement, grounds and
landscaping;
4) Maintenance and repair of all structures and infrastructure
wholly or partially locatedon the property described in Exhibit B,
including cleaning, painting, repair of doors and locks, etc;
5) Maintenance of all current insurance coverage.
(D) Security shall add the County as an additional insured on all insurance
coverage pertaining to the property described on Exhibit B and the
improvements thereon. Said insurance coverage shall require that a copy
of all notices 'sent to the insured under the policy(ies) also be sent to the
County at the fallowing address:
Real Property Division:Attn: KAREN A. LAWS
Contra Costa County Department of Public Works
255 Glacier Dr
Martinez, CA 94553-4825
6. Security represents and warrant(s) that Security is the owner of the property
described in Exhibit B, and that no leases, licenses, or other agreements allowing
any third party rights to use the property are or will be in force at the time the
property is transferred to the County, other than the storage tenant leases.
Commencing with the execution of this agreement, Security shall not permit any
liens, encumbrances or easements to placed on the property described in Exhibit
B that would be binding on the County after the close of escrow, without the prior
written consent of County.
Security further agrees to held the County harmless and reimburse the County for
any and all of its losses and expenses occasioned by reason of any lease of said
property held by any tenant of Security for a period exceeding one month, other
than those tenants previously disclosed to the County as stated above.
7. By this Agreement, County and Security establish an escrow("Escrow")with Placer
Title Company, Walnut Creek, CalifCtrnia ("Title Company), under Placer's Escrow
No. '6153888. Security hereby authorizes County to prepare and file escrow
instructions with Title Company on behalf of Security, in accordance with this
Agreement. This includes authorization for Title Companyto withhold pro-rata
taxes, liens and assessments on the property conveyed.
(A) County shall pay all escrow and recording fees incurred in this transaction
and, if title insurance is desired by County,the premium charged therefore.
CADocurnents and Settin stSue EVansft DocurnentstSPS ROW Contract Ver 161 050603 sre.doc
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RIGHT OF WAY CONTRACT — STATE HIGHWAY
RW&3{Rev.6195) Page;8 of 13
(B) On or before the Close of Escrow, Security will deliver to County or into
Escrow with Title Company, the following documents:
(1) A Grant Deed, in recordable form and properly executed on behalf of
Security, in a form approved by County("Grant Deed") conveying to
County the Property described in Exhibit B in fee simple absolute,
subject only to the Approved Exceptions;
(2) A Temporary Construction Permit, properly executed on behalf of
Security, and in a form approved by County ("TCP") covering the
property described in Exhibit C;
(3) Listing of occupant names and unit numbers for storage tenants
located on the property described in Exhibit B, or affected by the
County's purchase of said property, in the format customarily
provided for a self:storage facility purchase and sale transaction, and
copy of the standard storage agreement used for the facility;
(4) Security's affidavit of non-foreign status as contemplated by Section
1445 of the U.S. internal Revenue Code of 1986, as amended 126
United States Code Annotated, §1445) ("FIRPTA Affidavit");
(5) Security's affidavit as contemplated by the California Revenue and
Taxation Code, §18662 ("Withholding Affidavit"); and
(6) A license agreement, in the form attached hereto as Exhibit G,
property executed on behalf of Security.
(C) Prior to the Close of Escrow, County will deposit the Purchase Price and
deed to the property described in Exhibit D into escrow with Title Company.
8. Security hereby agrees and consents to the dismissal of any eminent domain action
in the Superior Court wherein the property described on Exhibit B is included and
also waives any and all claims to any money that may now be on deposit in said
action, and any and all costs and litigation expenses.
Security acknowledges that the County has filed an action in eminent domain
for the purpose of acquiring the real property described in Exhibit "B". The
County agrees to dismiss said action upon close of escrow.
Security waives the right to file any claim for inverse condemnation and
waives any claims for any damages arising as a result of any the delay in the
filing of the condemnation action.
C:1Dacumants and Settings\Sue Evans\My Documents\SPS ROW Contract Ver 161050503 sre.doc
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RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3(Rey.8/96) Page 9 of 18
9. (A) Security hereby represents and warrants to the County that, to the best of
Security's actual or constructive knowledge, during the period of its
ownership of the property described on Exhibit B, there have been no
disposals, releases or threatened releases of hazardous substances or
hazardous wastes on, from, or under the property. Security further
represents and warrants that it has no actual or constructive knowledge of
any disposal, release, or threatened release of hazardous substances or
hazardous wastes, on, from, or under the property which may have occurred
prior to Security taking title to said property.
The acquisition price of the property described in Exhibit B reflects the fair-
market value of the property without the presence of contamination. If said
property being acquired is found to be contaminated by the presence of
hazardous waste which requires mitigation under Federal or State law, the
County may elect to recover its clean-up costs from those who caused or
contributed to the contamination.
(B) The County hereby represents and warrants to Security that, to the best of
the County's actual or constructive knowledge, during the period of its
ownership of the property described on Exhibit D, there have been no
disposals, releases or threatened releases of hazardous substances or
hazardous wastes on, from, or under the property. The County further
represents and warrants that it has no actual or constructive knowledge of
any disposal, release, or threatened release of hazardous substances or
hazardous wastes, on, from, or under the property which may have occurred
prior to the County taking title to said property.
The acquisition price of the property described in Exhibit D reflects the fair-
market value of the property without the presence of contamination. If said
property being acquiredis found to be contaminated by the presence of
hazardous waste which requires mitigation under Federal or State law,
Security may elect to recover its clean-up costs from those who caused or
contributed to the contamination.
(C) To the best of each party's knowledge, there are not presently any actions,
suits, or proceedings pending or threatened against or affecting the property
to be conveyed hereunder, or its use that would affect either party" ability to
consummate the transactions contemplated by this Agreement.
10. Security acknowledges that the County has furnished to Security copies of the
Phase One and Phase Two environmental reports prepared on the portion of the
highway project which includes the properties described in Exhibits A and D. The
reports are:
Cmocunwts and settirgslSue Evans%My Doe ments3SPS ROW Contract ver 161 050503 sre.doc
RIGHT OF WAY CONTRACT - STATE HIGHWAY
RW 8-3(Rev.6/95) Pege 10 of 13
Phase One: Initial Site Assessment: Highway 4 Widening Project
Pittsburg, California (May, 2001)
Prepared by: Geocon Consultants, Inc.
2355 Research Drive
Livermore, CA 94550-3848
Phase Two: Site investigation Report: SR4 Widening Project
Railroad to Loveridge Contra Costa County, California
(March, 2002)
Prepared by Geocon Consultants, Inc.
2358 Research Drive
Livermore, CA 94550.3848
In the event this contract shall fail, or escrow is unable to close due to lack of
compliance with any of the terms herein, Security shall immediately return said
environmental reports, including all addenda, and shall not retain any copies of said
report in any form.
11. Close of escrow shall be subject to the following contingencies, and shall occur
upon the satisfaction of same:
(A) Release of the property described in Exhibit B from the lien of the following
deed of trust upon prepayment without penalty of all of the debt secured by
said deed of trust or the portion thereof attributable to said property, as
required by the deed of trust holder:
Deed of Trust dated September 17, 1997, from Security Public
Storage - Pittsburg, a California limited partnership, to Fidelity
National Title Insurance Company, Trustee, for the benefit of First
Security Commercial Mortgage, L.P., recorded September 24, 9997,
as Instrument No. 97-175593, Official Records of Contra Costa
County, California. The beneficial interest under the Deed of Trust
was assigned to LaSalle National Bank by ;assignment recorded
August 13, 1998, as Instrument No. 98-0193902 Official Records of
Contra Costa County, California.
(B) Approval by the City of Pittsburg, and any other relevant governmental
agency, for Security to build replacement storage facilities on the property
described in Exhibit D hereto, which facilities shall not contain less than the
same square footage than the storage facilities currently located on the
property described in Exhibit B or, if less, the maximum amount of square
footage permitted by the City of Pittsburg for Security's proposed use.
CMocuments and Settin s1Sue EvansiWy DocurnentslSPS ROW Contract Ver 161050503 sre.doc
RIGHT OF WAY CONTRACT - STATEHIGHWAY
RW 8-3(Rev.6M) P!e 11 of 13
Security shall be diligent in the preparation, submittal and follow-up of all
plans, applications and other requirements for the permits and other
approvals needed for the new construction.
The County shall likewise be diligent in furnishing information in its
possession to Security and/or its agents, which is necessary for the
preparation of said plans and applications;
(C) As of the date of closing, the property described in Exhibit D shall be free
and clear of all tenants and occupants of any kind, and from any claims to
tenancy or occupancy;
(D) Compliance by the parties with the terms and conditions of this agreement
regarding compensation and transfer expenses as described in Paragraph
2, above,
(E) Recording of the Grant Deed to the County, marked for return to the County
in care of Karen A. Laws, Principal Reel' Property Agent for the County
(which shall be deemed delivery to the County);
(F) Issuance of the title insurance policies required by the parties, as described
herein;
(G) Proration of taxes, assessments, rents and other charges as provided by this
Agreement;
(H) Disbursement to Security of the compensation, less prorated amounts and
charges to be paid by or on behalf of Security including any amount required
to be paid to release the property described in Exhibit B from the Deed of
Trust described above;
(I) Recording of the Grant Deed to Security, marked for return to Security in
care of Baco Realty Corporation, which shall be deemed delivery to Security;
and
(J) Preparation and delivery to the County and to Security of one signed copy
each of Title Company's closing statement showing all receipts and
disbursements of the Escrow.
If Title Company is unable to simultaneously perform all of the instructions set forth
above, Title Company shall notify County and Security and retain all funds and
documents pending receipt of further instructions from County.
12. The consideration stated above also includes compensation to Security for all
landscaping and improvements, and for damages of every kind and nature accruing
CADocuments and 2et#i XSue EvansWx Docum tstSPS ROW Contract Yet 161 050503 sre.doc
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RIGHT OF WAY CONTRACT — STATE HIGHWAY
RW 8-3(Rev-MS) Page 12 of 13
by reason of the acquisition of the property described in Document A58003-1 and
the construction thereon of a public improvement as proposed by County, including,
without limitation, severance damages and loss of revenue or goodwill, if any.
Security hereby waives, releases and discharges County, its officers, agents and
employees,from any and all right% claims, demands, causes of action, obligations,
damages and liabilities, including without limitation, attomeys'fees and costs, which
Security now has or could assert at anytime in the future against County arising
from the acquisition of the property described in Document A58003-1 and the
construction thereon of a public improvement as proposed by County, with the
exception of any rights Security may have to relocation benefits under State and/or
Federal law as a result of this transaction. Security expressly waives all rights
under Section 1542 of the Civil Code of the State of California, which Security
understands provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT
TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE
RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH' THE
DEBTOR."
13. If any term, covenant or provision of this agreement,which does not materially affect
the consideration for this agreement is held to be invalid, illegal or unenforceable
in any respect the validity of the remainder of this agreement shall not be affected
thereby.
14. 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.
15. Nothing in this contract shall be construed as a waiver of any rights Security may
have to relocation benefits under state and/or federal law as a result of this
transaction.
C ADocuments and Setti!!9s%Sue EvansXMy Documents\SPS ROW Contract Ver 161050503 sre.doc
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RIGHT OF WAY CONTRACT --STATE HIGHWAY
RW 8-3(Rev.6185) Page 13 of 13
In Witness Whereof, the Parties have executed this agreement the day and year first above
written.
CONTRA COSTA COUNTY SECURITY PUBLIC STORAGE-PITTSBURG
Recommended to the Board of Supervisors A California Limited Partnership
for ap val: By: Baco LLC, a California Limited Liability
Company, General Partner
Je
r
Karen A. aw
Real Property Agent
Name:- AL,L15AJ Q �A-
APPROVED: Title: Pke
i
By: d�'
MWffo M. Shiu By:
Public Works Director
Name: C-57121 c �cr2,mD.a C
Date: � � �'
( ate of Approval) Title: _-- Ur t E ; ►b&"er
Attached Exhibits:
Exhibit A: Property owned by Security Public Storage (APN 088-250-048).
Exhibit B: The portion of property described in Exhibit A required for highway purposes.
Exhibit C: The portion of property described in Exhibit A remaining after highway
purchase.
Exhibit D: Property owned by Contra Costa County (APN 088-50€3-008 and 009).
Exhibit E: Grant Deed.
Exhibit F: Temporary Construction Permit.
ExhibitG: License agreement.
CADocuments and SettingslSue EvansWy DocurnentstSPS ROW Contract ver 161 050503 sre.doc
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ROW Contract(SR4-Pittsburg):Security Public Storage
EXHIBIT A
to
Right of Way Contract
(Security Public Storage)
Recording references herein are to the
Official Records of Contra Costa County, California
The land referred to below is situated in the City of Pittsburg, Contra Costa County,
State of California.
PARCEL ONE:
Parcel B as shown on the parcel map dated December 15, 1976, and recorded
at Book 50 of Parcel Maps, Page 48.
EXCEPTING FROM PARCEL ONE:
The interest conveyed to the City of Pittsburg by Deed dated
December 13, 1976, at Book 8123, Page 869.
PARCEL TWO:
A right of way granted in a deed to Concord Beverage, dated November 20,
1970, and recorded at Book 6259, Page 602, as follows:
A right of way (not to be exclusive)for use as a roadway for vehicles of all
kinds, pedestrians and animals, for water, gas, oil and sewer pipe lines,
and for telephone, television service, electric light and power lines,
together with the necessary poles or conduits as an appurtenance to
Parcel B, as shown on the parcel map filed December 1, 1968, at Book 6
of Parcel Maps, Page 24, over the"Proposed 60' Road Easement" and
the "25' Road Easements Proposed", as shown on said map.
EXCEPTING FROM PARCEL TWO:
1. That portion thereof lying within PARCEL ONE, above;
2. That portion thereof lying within Parcel A, as shown on the parcel
map filed December 1, 1968, at Book 6 of Parcel Maps, Page 24.
CADocuments and Settings\Sue EvansWty Docurnents\SPS ROW Contract Ver 161 050503 sre.doc
GAP"
Exhibit A
ROW Contract(SR4-Pittsburg):Security Public Storage
PARCEL THREE:
A right of way described in a deed to SFN Land and Investment Company,
recorded June 28, 1963, at Book 4397, Page 839, as follows:
Joint use of an easement 20 feet in width for railroad purposes, lying equally on
either side of the following described line:
Beginning at the intersection of the center line of an existing railroad
track and the westerly line of the above described parcel {PARCEL
TWO, said point of beginning being southerly of and distant thereof
440 feet, more or less, measured along said westerly line, from the
northwest corner of said parcel;
Thence easterly along said center line 850 feet;
Thence deflecting northeasterly 550 feet, more or less, to the center line
of an existing railroad'track.
PARCEL FOUR:
A right of way described in a deed to SFN Land and Investment Company,
recorded June 28 1963, at Book 4397, Page 839, as follows:
Joint use of an easement 20 feet in width for railroad purposes, lying
equally on either side of the following described line:
Beginning at the intersection of the center line of an existing railroad track
and the westerly line of the above described parcel, said point of
beginning being southerly of and distant thereof 600 feet, more or
less, measured along said westerly line from the northwest corner of
said parcel';
Thence easterly along said centerline 850 feet;
Thence deflecting northeasterly 400 feet, more or less, to the centerline
of an existing railroad track.
PARCEL FIVE
A right of way described in a deed to SFN Land and Investment Company,
recorded Jun 28, 1963, at hook 4397, Page 839, as follows:
A perpetual roadway easement described as follows:
CMocuments and SetttngMSue EvansaMy DocumentslSPS ROW Contract Ver 161 o5o503 sre.doc
Exhibit A
ROW Contract(SR4-Pittsburg):Security Public Storage
A strip of land 25 feet in width lying contiguous to and easterly of the
easterly line of Parcels CM-27 and CM-28 as said parcels are shown on the
snap attached to an instrument in Recorder's Series No. 513, recorded in
Book 4027, Page 169, and extending northerly and southerly entirely
across said parcel.
PARCEL SIX
A right of way (not to be exclusive)for use as a roadway for vehicles of all kinds,
pedestrians and animals, for water, gas,oil and sewer pipe lines, and for
telephone, electric light and power lines, together with the necessary poles and
conduits as an appurtenance to Parcel One, above, reserved in a deed from
SFN Land and Investment Company, recorded July 31, 1968, at Book 5678,
Page 825, over the west 25 feet of the parcel of land described as Parcel One in
said Deed.
PARCEL SEVEN:
A strip of land 25 feet in width lying westerly of and contiguous to the easterly
lines of Parcels CM-12, CM-25 and CM-26, as said parcels are depicted on the
map attached to an instrument recorded in Recorder's Series No. 513, at Book
4027, Page 169, and extending northerly and southerly entirely across said
parcels.
PARCEL EI HT:
An easement (not to be exclusive) as an appurtenance to Parcel B, as said
pard is shown on a parcel map dated December 15, "1976, and recorded at
Book 50:of Parcel Maps, Page 48, for use as a roadway for vehicles of all kinds,
pedestrians and animals, and as a right of way for water, gas, oil and sewer pipe
lines and for television, telephone, electric light and power lines, together with
the necessary poles or conduits to carry said lines over the east 10 feet of the
south 279.39 feet of Parcel A, as said parcel is shown on the parcel map dated
December 15, 1976, and recorded at Book 50 of Parcel Maps, Page 48.
CMocuments and Sett[ngslSue Evans\My Documants4SPS ROW Contract Ver 161 050503 sre.doc
Exhbit B-ROW Contract(SR4-Pittsburg): Security Public Storage 4-CC4
KP-37.6
PARCEL 58003
Exhibit" B "
PARCEL 58003-1;
Being a portion of that certain parcel of land described in the Grant Deed to Security public Storage recorded November
9, 1995 as Instrument No.95 195861 in the Official Records of Contra Costa County; being more particularly described
as follows:
Beginning at the northwest comer of said.Security Public Storage parcel, Thence along the north line of said Security
Public Storage parcel, South 72° 17' 46" East, 131.430 meters to the northerly common corner between the Security
Public Storage parcel and that certain parcel of land described in a grant deed to Bishop-Wisecarver, Corporation
recorded December 20, 1968 in Book 5775 Page 381 Official Records of said County, Thence along the common line
between said Security public Storage and said Bishop-Wisecarver parcels, South 17° 42' 14" West, 37.683 ;meters;
Thence leaving said common line,North 72° 16' 16"West, 131.442 meters to the west line of the said Security Public
Storage parcel, same corner being a point on the east line of that certain parcel of land described in the grant deed to
West, Clark & Gardiner Partnership,recorded December 14, 1983 in Book 11570, Page 804 Official Records of said
County; Thence along the common line between said Security Public Storage and said West, Clark & Gardiner
Partnership parcels, North 171143' 18"East,37.626 meters to the Point of Beginning.
Containing 4949.1 Square meters,more or less.
This conveyance is made for the purposes of a freeway and the grantor hereby releases and relinquishes to the grantee
any and all abutter's rights including access rights appurtenant to grantor's remaining property in and to said freeway;
also releases and relinquishes any and all other abutter's rights other than access appurtenant to said remaining
grantee property in and to said freeway.
Bearings and distances used in the above description are based on the California Coordinate System of 1983, Zone 3.
Multiply distances shown by 1.0000639 to obtain ground level distances.
Thi operty description P by me,or under my direction,in conformance with the Professional
nd Sury yo ct. D
s +li, ,. j ,, �,"`' � ',�
r a� l/ �1� v fi�
c,_,
Scott A. Shortlidge Bate
Licensed Land Surveyor
California No. 6441
KS 6441
C.a=mwa and Ssttingst ue Ewe t)ocumentsNSPS ROW Gonna ver 161060503 sfe-40c 't1
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Exhibit 8 LEGEND
ROW Contract(SRR-Pittsburg):Security Public Storage
POB = POINT OF BEGINNING
= RELINQUISHMENT OF
ABUTTER'S RIGHTS
STATE ROUTE 4
ROA
S 72'1 7'46*E 131.430m
_7 F- I I 1 17 1 1 1 1 1 1 1 1 7-FT-] 1 17 1 1 1 1 1 1 1 1 7-1-T-FUT-17
I I I I 1-T I I I I I
z SECURITY PUBLIC STORAGE
CA
Zj '-Juo -4:z PARCEL r016
FEE TAKE 00
(A
LO C% 50 PM 48 AREA :k 4949.'1' m 2 3 4x
0) m
N 72*16'16"W 131.442m
0
to
: Oom
LO
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UZ—U)
U >
C) 0
n, COco
D4
PARCEL "C" aREMAINDER
2
50 PM 48 AREA 1 7029A m
CC1
BEARINGS AND DISTANCES USED ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM 13F 1963, ZONE in. MULTIPLY DISTANCES
SHOWN BY LODOO639 TO OBTAIN GROUND DISTANCES.
PLAT TO ACCOMEMY DESMPTION
1:100 LANDS OF gRL[CSTORAGE
MAR & Co. INC.
R
25 0 25 cmum
Aum CQF=MK
W*- VM
GRAPHIC SCALE METERS w—Ate— own
am ri SAS
----
06/05/02 HORTLIDGE
icxs I :100 .6
A_jpJj&m , 1v
Fm Acwmm\sm—pumx STOP-Am
C-.0ocumeft and SeftqwX§us EvensMy DocumentMSPS ROW Contract Ver 161050503 sre.doc
Exhibit C
ROW Contract(SR4-Pittsburg): Security Public Storage
EXHIBIT C
to
Right of Way Contract
(Security Public Storage)
That certain parcel of land described in Exhibit A to this Right of Way Contract, less
and except that portion thereof to be conveyed to Contra Costa County for highway
purposes,which portion is described in Exhibit B to this Right of Way Contract.
CADocuments and SettingstSue Evansft Documents\SPS ROW Contract Ver 161 050503 sre.doc
ROW Contract(SR4-Pittsburg): Security Public,Storage
Exhibit" D-1 "
PARCEL ONE:
Lots 4 and 5,Map of Subdivision 5382, filed November 14, 1979,Map Book 233,Page 27, Contra Costa
County Records.
PARCEL TWO:
Excepting from Lot 5; the parcel of land described as Parcel Two in the Deed to Concord Beverage, a
California Corporation,recorded December 14, 1983, in Book 11570,Page 804,Official Records.
PARCEL THREE:
An easement,not to be exclusive, as an appurtenance to Parcel One above, granted in the Deed to Willow
Pass Properties, recorded November 15, 1979, Book 9520, Page 121, Official Records, "for use as a
roadway for vehicles of all kinds, pedestrians and animals, and as a right of way for water, gas, oil and
sewer pipe lines, and for television, telephone,electric light and power lines, together with the necessary
poles of conduits to carry said lines over that portion of Lots 1 and 2, Map of Subdivision 5382, filed
November 14, 1979,Map Book 233,Page 27,Contra Costa County Records.
Containing 2.613 acres,more or less
SAVE AND EXCEPTING THERE FROM:
PARCEL 1 (58001-
Being a portion of the property described in the Grant Deed to Contra Costa County recorded August 7,
2001 as document number 2001-0231287-00 in the Official Records of Contra Costa County, and being
more particularly described as follows:
Beginning at the northwest corner of said County parcel; Thence along the north line of said County
parcel, South 721 17' 46"East, 126.864 meters to the northerly common corner between the said County
parcel and the parcel owned by Contra Costa County per that certain grant deed recorded August 7,2001
as document no. 2001-0231288-00 of said Official records; Thence along the common line between said
County parcels, South 171 50' 22" West, 45.281 meters; Thence leaving the said common line, North
750 42' 42" West, 134.790 meters to the curving west line of said County parcel (2001-02312$7-00),
being a curve to the left from which the center bears North 52° 53' 16" West; Thence along said west
C:Oocuments and SetSnast.Sw Evans\My DocumentMSPS ROW Contract Ver 161 050503 sm.doc
N....N.....„,:.
:.;::.
Exhibit 0-1 -ROW Contract(SR4-Pftburg): Security Public Storage
line for the following two (2) courses: (1) 46.445 meters in a northerly direction along the are of said
curve to the left, having a radius of 137.152 meters and through a central angle of 19° 24' 09" and (2)
North 17°42' 14"East, 7.750 meters to the Point of Beginning.
Containing 6336.8 Square meters,more or less.
This conveyance is made for the purposes of a freeway and the grantor hereby retains and restricts from
the grantee any and all abutter's rights of access, appurtenant to grantee's remainder property, in and to
said freeway over and across the above described parcel (Per Parcel 1 --58001-1)of land; also retains and
restricts any and all other abutter's rights other than access appurtenant to said remaining grantee property
in and to said freeway.
Bearings and distances used in the above description are based on the California Coordinate System of
1983,Zone 3. Multiply distances shown.by 1.000€3639 to obtain ground level distances.
This real property description has been prepared by me,or under my direction,in conformance with the
Professional Land Surveyors Act.
,� •r rn
Scott A. Shortlidge Date .
Licensed Land.Surveyor o"T 6441
California No,6441 � OF C tNf
G:0d tiitflertts orad Se6ings1,5s�s 1 s to M*jrnantslSPS ROW Contract Ver 161 C 6OW3 sm-d+
E)tibit U-f -ROW Contract{SR4—PitMurg):Security Public Storage
1:140 LEGEND
5 - 0 -- N 5 POB = POINT OF BEGINNING
lit = RELINQUISHMENT OF
GRAPHIC SCALE _= METERS ABUTTER'S RIGHTS
TCE = TEMPORARY CONSTRUCTION
EASEMENT
STATE ROUTE 4
:t PREVIOUSLY ACQUIRED
ACCESS RIGHTS RIGHTS
LO
V) t': POB S 72"17'46"E 126.864
67.060 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1A.7841 1
+.► HARBOR COURT ASSOCIATES �
CIC - 580CI1-i SERIES NO.93.366590
LUT 4 A PORTION OF LOT 5
233 M 27
wm
APR OWSOO-008 Z:
RELINQUISHMENT AREA m }-, ua
OF ABUTTERS
1 RIGHTS 59.803 -'
—° 74.987
s 5 4 '� p ' !
� _o
FEEUMAINDER*Q4W M2 J \�
M � 'ie e "_ S 29.484
ROADWAY LAS000 T gm OX.121
``--- tABC 'R COURT'
---- -- -----
LANDS OF KING LIQ'
Lt77 8 233 m 27
� � BEARINGS AND DISTANCES USED ARE BASED ON THE CALIFORNIA
COORDINATE SYSTEM OF 1983. ZONE nt 1#IMPLY DISTANCES
SHOWN BY LOW0639 TO OBTAIN GROUND DISTANCES,
CURVE TABLE PLAT TO A0C0 IPTION
HARSUR COL) TES
CURVE RADIUS LENGTH DELTA MAR M' CO. WC.
C1 143.247 37.899 15'09'32"
C2 15.239 10.848 40'47'13" WFUM INs cwmc
C3 15.239 14.916 56`04'53"
C4 137.152 11.801 4'55'47" , rmran r
umfoom
C5 143.247 51.787 20'43'04" SAS +
n4re 02f03t03 sr S T SHORTLIDG; rsa �w"
scut t :tpU P- 3221/06—
FOR
0 FOR ACOWS'IftlN MMI r—x HAxM WW-, cows►
C:�tOcumM"and Settle 8XSU8 IwVEr=WY 00CU O t TSPS ROW COntrad Ver 161 050603 sre.+doe
ROW Contract'(SR4-Pittsburg): Security Public Storage
Exhibit" D-2 '>
PARCEL ONE:
Lot 6,Map of Subdivision 5382, filed November 14, 1979,Map Book 233,Page 27,Centra Cosh County
Records.
PARCEL TWO:
A portion of Lot 5,Map of Subdivisions 5382,filed November 14, 1979,Map Book 233,Page 27,Contra
Costa County Records as described:
Beginning at the northwesterly corner of Lot 6, Map of Subdivisions 5382 filed November 14, 1979, in
the Map Book 233,of Maps,Page 27, Contra Costa County Records;thence farm said point of beginning
south 130 01' 55"west, along the west line of said Lot 6, (233 M 27) 238.14 feet to the southwest corner
of said Lot 6,also being the southeast corner of the above referred to lot 5,(233 M 27); thence leaving the
west line of Lot 6 and running northerly in a direct line 232.26 feet to a point in the north line of said Lot
5, (233 M 27) which said point bears south 891 59' 13" west 53.81 feet from the point of beginning,
thence north 89159' 13" east along the north line of said Lot 5, 53.81 feet to the point of beginning, per
Certificate of Compliance for Lot Merger and Lot Line Adjustment recorded November 4, 1983 under
Series i#83 162697.
Containing 2.27 acres,more or less
SAVE AND EXCEPTING THERE FROM:
PARCEL 58002-1:
Being a portion of the property described in a Grant Beed to Contra Costa County recorded August 7,
2001 as document number 2001-0231288-00 in the Official Records of said County; and being more
particularly described as follows:
Beginning at the northeast corner of the said County parcel; Thence along the east line of said County
parcel, South 171 43' 18" West, 37.626 meters; Thence leaving said east line for the following two(2)
courses: (1)North 800 43' 36"West, 14.277 meters and (2) North 75° 03' 16" West, 115.580 meters to
the west line of said County parcel; Thence along said west line, North 17° 50' 22"East, 45.281 meters
CADocumw is and j~kS ce►LyMstM ts\$?S ROW Cc Mica ver 161050603 sm doc
Exhibit D-2-ROW Contract(SR4-Pftburg):Security Public Storage
to the northwest corner of said County parcel; Thence along the north line of said County parcel, South
72° 17' 46"East, 129.474 meters to the Point of Beginning.
Containing 5450.4 square meters of land area,more or less.
This conveyance is made for the purposes of a freeway and the grantor hereby retains and restricts from
the grantee any and all abutter's rights of access, appurtenant to grantee's remainder property, in and to
said freeway over and across the above described parcel (Per 58002-I) of land; also retains and restricts
any and all other abutter's rights other than access appurtenant to said remaining grantee property in and
to said freeway.
Bearings and distances.used in the above description are based on the California Coordinate System of
1983,Zane 3. Multiply distances shown by 1.0000639 to obtain ground level distances.
This real property description has been prepared by me,or under my direction,in conformance with the
Professional Land Surveyors Act.
A ,
SH0
rM
Scott A. Shortlidge Date '
Licensed Land Surveyor N2 6441
California No,6441 D
C.\Dxumants and Sett W S €vans [tcc mentmSPS ROW C 'ad Ver 961 QSOM sm.dcc
._ ........ ......... .. .... .err < .xxt '
.t... .'R4J.'.$KRiRKKKkK'{h.NSS,GGf04G5/ .... x+44
Exhibit D-2-ROW Contract(SR4-Pittsburg): Security Public Storage
r
1.:140 LEGEND
25 -.0 25 POB = POINT OF BEGINNING
Moll ...1_.1.1.. = RELINQUISHMENT OF
GRAPHIC SCALE METERS ABUTTER'S RIGHTS
STATE ROUTE 4
PREVIOUSLY ACQUIRED
ABUTTERS RIGHTS
N 7217'46"Nt 129.474 . POB
' LANDS OF
Is LOUT 5 1 CONTRA COSTA COUNTY LOT 5 P U B Ll 17Y
PORTION OF LOT 5 & LOT 5 � S7 L3RA GE
U 9) / TRACT 5382 . 233 NI 27 3it72-1'' , •.,
kj
DOC NO. 2001-0231288-00
AREA 5'45E}.4,m PARCEL 'B*
N 75`0 '16"W 115.580Cb
1w C
# RELINQUISHMENT OF N 72716'53"W
ABUTTERS RIGHTS 5.042'
f REN WNDER cc,
AREA t 3763.2 m '
,N 72'17 46 Nf 132.662' co
ROADWAY EASEMMT
MT
r` 9m O.R.in
-' AREA it 18ZIM Y �
LOT 1 0
TRACT 5382 — 233 M 27 M
LST 2BEARINGS AND DISTANCES USED ARE BASED ON 7HE CALIFORNIA
TRACT 5382 COORDINATE SYSTEM OF 1983, ZONE III. MULTIPLY DISTANCES
SHOWN BY 1.O00063$ TO OBTAIN GROUND OISTANCM
PLAT TO ACCOM P IPTION
LANIX C1 CMD1M
MA & co. IN IC.
t�Nst%. lMII8C1P+it P3.AN�R'd'
piTTCGB IN CRJG
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1 :100 6 /
r. �rs'Vcr�\e,_r; Wr+u+ er,r,Ys xaw� alaeonx we,�r-a.r�+<--wa�r�r,
C ADocuments and S*Wngs'Sue EM&M 0ocwm*\SPS ROW Confect Ver 16105OW3 srs.dcc
Exhibit E
ROW Contract(SR4-Pittsburg): Security Public Storage
EXHIBIT E
Recording Requested By:
Contra Costa County
When Recorded, Return To:
Contra Costa County
Public Works Department
255 Glacier Dr
Martinez, CA 94553
Attn:Karen A. Laws
SPACE ABOVE THIS LINE FOR RECORDER'S USE
A.P.N. 088-250-048
Title Company order No.6153888
District County Route Post Mile Number
4 CC 4 KP 38.024 A58if03-1
G LINT DEED
For Value Received, SECURITY PUBLIC STORAGE - PITTSBURG, a California 'Limited
Partnership,GRANTS to CONTRA COSTA COUNTY, a political subdivision of the State of
California, the following described real property in the City of Pittsburg, County of Contra
Costa, State of California,
FOR DESCRIPTION SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART,
HEREOF.
Dated this day of - , 2003.
SECURITY PUBLIC STORAGE—PITTSBURG, a California Limited Partnership
By: Baco LLC, a California limited liability company, General Partner
By: By:
Name: Name:
Title: Title:
ATTEST:
Corporate Secretary (CORPORATE SEAL)
ATTACH APPROPRIATE ACKNOWLEDGEMENT
C:1Documents and SettingslSue EvanMMy Docurne s%SPS ROW Contract Ver 161 050503 sre.doc
Exhibit F
ROW Contract(SR4-Pittsburg): Security Public Storage
EXHIBIT F
TEMPORARY CONSTRUCTION PERM#7
Contra Costa County Project Name: SR4/Railroad`to Loveridge
Public Works Department Project Number: 4660-6X4287
Real Property Division
266 Glacier Drive
Martinez, CA 94583
Permission is hereby granted to Contra Costa County, its contractors and their
authorizedagents, to enter and bring the necessary workers, teals and equipment onto
the property of the undersigned, as shown on the attached maps or where necessary,
for access to the premises for demolition purposes.
It is understood and agreed that Contra Costa County will not unreasonably disturb or
interfere with the business or operations of Grantor nor Grantor's tenants, will leave the
premises in a clean and orderly condition and will repair, replace or compensate for
any existing improvements that may have been disturbed or removed during the course
of the work.
It is further understood and agreed that the permission to do the work and perform the
acts stated herein shall remain in force and effect only until the completion of
construction and that all rights hereunder shall cease when said work has been
completed,
RECOMMENDED FOR APPROVAL GRANTOR
Security Public Storage-- Pittsburg
A California Limited Partnership
By By: Baco LLC
Karen A. Laws A California Limited Liability Company
Real Property Agent Its: General Partner
By:
ACCEPTED:
Public Works Department Name:
By Title:
Maurice M. Shiu
Public Works Director By:
Date: Name:
(Date of Approval)
Title:
c.00cumw is and Settings%Sue EvansWy DocumentMSP S ROW Contract Ver 161 050503 sre.doc
Exhibit G
ROW Contract(SR4-Pittsburg): Security Public Storage
EXHIBIT G
LICENSE AGREEMENT
This Agreement is effective on the day of , 2003, by and
between CONTRA COSTA COUNTY, hereinafter called "COUNTY", and SECURITY
PUBLIC STORAGE - PITTSBURG, a California limited partnership, hereinafter called
'LICENSEE". COUNTY is the owner of certain real property described in Exhibit '
attached hereto ("the Property"). LICENSEE desires to obtain COUNTY's permission to
use the Property and COUNTY is willing to grant a license to use the Property upon the
terns and conditions contained herein.
NOW THEREFORE, the parties agree as follows:
1. Grant of License. Subject to the terms and conditions of this Agreement,COUNTY
hereby grants to LICENSEE a non-exclusive license to enter the Property for the
purpose of operating a rental storage facility.
2. Term. The term of this Agreement shall be for a period commencing on the
day of 2003, and ending upon vacation of the Property by the
LICENSEE, or January 31, 2004,whichever shall occur first.
3. Consideration. As consideration for this Agreement, LICENSEE agrees to, at its
expense, manage and maintain the Property and all improvements thereon,including
but not limited to:
a) Provision of adequate personnel on site and otherwise, to manage and
maintain the Property as provided herein;
b) Maintenance, repair and replacement (if required) of all security, fire
protection,'utility''and other systems and equipment, or portions thereof, on
the Property or connecting with the Property;
C) Maintenance and repair of the pavement, grounds and landscaping;
d) Maintenance and repair of all structures and infrastructure, or portions
thereof, wholly or partially located on the Property, including cleaning,
painting, repair of doors and locks, etc.
e) Continuance and maintenance of all current insurance coverage.
4. Use of Property. LICENSEE's use of the Property shall be limited to storage space
rental in bindings currently on the Property and furnishing of associated services (i.e.
renter's insurance, etc.).
5. Permits and Approvals. LICENSEE shall be responsible for obtaining any permits
or approvals required for LICENSEE's use and/or occupancy of the Property from any
government agency or entity having jurisdiction of LICENSEE or the Property. This
Agreement does not constitute governmental approval by Contra Costa County for
the stated use by LICENSEE.
C:tDacuments and SetfingsiSue EvansWy DocumentsksPS ROW Contract iter 161 050543 sre.doc
Exhibit G
ROW Contract(SR4-Pittsburg): Security Public Storage
6. Non-exclusive Rightto Use. The right to use the Property is non-exclusive.
COUNTY reserves the right to issue licenses to others for other purposes which shall
not interfere with'LICENSEE's permitted use.
7. Damage. The rights granted herein are surface rights only. No excavation shall be
allowed. It is the responsibility of LICENSEE to contact easement, lease and license
holders on the Property to determine that the Property is able to support any vehicle
brought onto it by LICENSEE'without damage to subsurface or surface facilities.
LICENSEE shall repair all damage so caused and return the premises to a neat and
safe condition satisfactory to COUNTY.
8. Pollution. LICENSEE, at its expense, shall comply with all applicable laws,
regulations and rules with respect to use of the Property, regardless of when they
become or became effective,including without limitation, those relating to health,
safety, noise, environmental protection, waste disposal and water and air quality.
LICENSEE shall furnish satisfactory'evidence of such compliance upon request by
COUNTY.
No hazardous materials shall be handled at any time upon the Property. Should any
discharge, leakage, spillage, emission or pollution of any type occur upon or from the
Property due to LICENSEE's use and occupancy thereof, LICENSEE,at its expense,
shall be obtrgated' to clean all the property affected thereby, whether owned or
controlled by COUNTY or any third person, to the satisfaction of COUNTY (insofar
as the property owned or controlled by COUNTY is concerned)and any governmental
body having jurisdiction thereover.
To the extent permitted by law, LICENSEE shall indemnify, hold harmless and defend
COUNTY and any such holders of user rights against all liability, cost and expense
(including without limitation, any fines, penalties, judgments, litigation costs and
attorney fees) incurred by COUNTY.
LICENSEE shall pay all amounts due COUNTY under this section within ten(10)days
after any such amounts become due.
9. Hold Harmless. LICENSEE shall defend, indemnify, save and keep harmless the
COUNTY and its agents against all liabilities,judgments,costs and expenses which
may in any way accrue against COUNTY in consequence of the granting of this
License, save and except claims or litigation arising from the sole negligence or sale
willful misconduct of COUNTY.
10. Insurance. LICENSEE agrees to, at no cost to COUNTY, continue and/or obtain and
maintain during the term of this License, comprehensive liability insurance with a
minimum combined single-limit coverage of no less than $1,000,000 for all claims or
losses due to bodily injury, sickness or disease or death of any person, or damage
to property, including loss of use thereof, arising out of each accident or occurrence,
and to name Contra Costa County, its officers, agents and employees as additional
insureds thereunder, and workers compensation insurance as required by State laws.
Said coverage shall provide for a thirty (30) day written notice to COUNTY of
cancellation or lapse. Evidence of such coverage shall be furnished to COUNTY
prior to execution of this License.
C:Oocuments and S9Mn9sX$ue Evansft Uocuments\SPS ROW Contract Ver 961 050M3 sre.doc
...........................
y t Y
, ` k
Exhibit G
ROW Contract(SR4-Pittsburg): Security Public Storage
11. Assignment--Subletting. LICENSEE shall not assign nor sublet any of LICENSEE's
rights under this Agreement, save and except as necessary to carry out LICENSEE's
permitted business on the Properly as described in Paragraph 4 above. In no event
shall any such permitters sub-rental or sub-license agreement be for a period of time
longer than the term of this Agreement.
12. Property Interest. LICENSEE shall acquire no interest or estate in the Property
under this License. Nothing contained in this License shall be construed so as to
create a partnership or joint venture between LICENSEE and COUNTY.
13. No Third-Party Bene#lciaries. Nothing in this agreement, express or implied, is
intended to confer on any person, other than LICENSEE, any rights or remedies
under or by reason of this License.
14. Entire Agreement. This instrument;.contains the entire agreement between the
parties relating to the rights herein granted and the obligations herein assumed. No
alteration or variation of this Agreement shall be valid or binding unless made in
writing and signed by the parties hereto.
CONTRA COSTA COUNTY LICENSEE
Recommended to the Board of Supervisors Security Public Storage- Pittsburg
for Approval: a California Limited Partnership
By: Baco LLC, a California Limited Liability
Company, General Partner
By By:
Karen'Laws
Principal Real Property Agent -Name:
Title:
APPROVED:
By:
gy Name:
Maurice M. hiu
Public Works Director Title:
Date:
{ ate of Approval)
C.Tocuments and Settings\Sue Evanaft Documents\SPS ROW Contract Ver 161 050503 sre.doc
k.....w...Kalil. N. >.> ,,,. ., N
1" tom.
THE BOARD OF SUPERVISORS
CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 20, 2003, by the following vote:
AYES: SUPERVISORS UILKEIA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: SUPERVISOR JOHN GIOIA
DISTRICT III SEAT VACANT, RESOLUTION NO. 2003/ 326
(Streets & Highways Code § 960)
SUBJECT: ADOPT Resolution No.20031326 approving Exchange of Surplus Real Property
located at 501 Harbor Ct., Pittsburg. SCH#2000112007.
Project No. 4660-6X4287
Pittsburg Area
The Board of Supervisors of Contra Costa County RESOLVES THAT:
Contra Costs County acquired certain real property on August 7, 2001 in the City of
Pittsburg,for highway purposes. A portion of said property, described in Exhibit W attached
hereto, is DETERMINED to be surplus and no longer necessary for County or other public
purposes.The parcel was purchased with Contra Costa Transportation Authority{OCTA}funds.
This Board hereby APPROVES and AUTHORIZES the exchange of said property to
Security Public Storage,a California Limited Partnership,pursuant to Streets&Highways Code
Section 960 and the Board Chair is hereby AUTHORIZED to execute a Grant Deed as partial
compensation. The estimated fair- market value of the property is $377,514. The remaining
balance of $3,840,796 shall be paid by the County and reimbursed by Contra Costa
Transportation Authority as agreed upon in the Right of Way Contract. The County is acquiring
approximately 1.9 acres of land for the State Route 4 East Project on behalf of the Contra Costa
Transportation Agency.
The Real Property Division is DIRECTED to cause said Grant Deed to be delivered to the
grantee.
The Board of Supervisors ADOPTED the Mitigated Negative Declaration/Finding of No
Significant impact on March 27„2001. These property rights are required for the construction of
an expanded freeway along the southern portion of State Route 4 in the City of Pittsburg in
accordance with approved plans and specifications.
I hereby certify that this is a true and correct
KAL:eh copy of an action taken and entered on the
G.1RealProp12043-Flies\BOs&RES\BR.22 Security Public Storage.doc minutes of the Board of Supervisors on the
Orig.Dept.: Public works(WP) date shown.
Contact: Karen Laws(313-2228)
cc: Public Works Accounting(via RP) ATTESTED: MAY 20, 2003
Grange(via RIP) JOHN SWEETEN,Clerk of the Board of
Recorder(via Rin)
Board Orders Senior Clerk,Aden. Supervisors and County Administrator
By r Deputy
RESOLUTION NO. 2003/ 326
....................................................................................
Recorded at the request of:
Security Public Storage
Return to:
Baco Realty Corporation
51 Federal Street, Ste. 402
San Francisco, CA 94107
Attn. Eric D. Horodas
Portion of Assessors Parcel No. 088-500-008 &009 Title Co. Order No. 6153888
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged,
CONTRA COSTA COUNTY, a political subdivision of the State of California,
Grants to SECURITY PUBLIC STORAGE — PITTSBURG, a California Limited Partnership,
the following described real property in the City of Pittsburg, County of Contra Costa, State of
California,
FOR DESCRIPTIONS SEE EXHIBITS "A" and "B" ATTACHED HERETO AND MADE A
PART HEREOF.
CONTRA COSTA COUNTY
Dated MAY 20, 2003 By
Chair, Board of Supervisors
STATE
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
on MAY 201200&fore me, EMELDA L. SHARP
Deputy Clerk of the Board of Supervisors, Contra Costa
County, personalty appearedSUP. MARK DeSAULNIEit
who is personally known to me (or proved to me on the
basis of satisfactory evidence) to be the person(s) whose
nam*) islare subscribed to the within instrument and
acknowledged tome that he/she/they executed the same in
his/her/their authorized capacity(les), and that by
his/her/their slgnature(s)on the Instrument the person(s),or
the entity upon behalf of which the person(s) acted
executed the instrument.
By: A�&y4.
/Dep(ity CierK
KAL:eh
G-.1GrpDatalRealPmp\2003-Fitesk03-5\DE.3 Security Public Storage.doc
5112(03
............. ......
Exhibit
PARCEL ONE:
Lots 4 and 5,Map of Subdivision 5382, filed November 14, 1979,Map Book 233,Page 27, Contra Costa
County Records.
PARCEL T'W'O:
Excepting from Lot 5; the parcel of land described as Parcel Two in the Deed to Concord Beverage, a
California Corporation,recorded December 14, 1983,in Book 11570,Page 804,Official Records.
PARCEL THREE:
An easement,not to be exclusive,as an appurtenance to Parcel One above, granted in the Deed to Willow
Pass Propeities, recorded November 15, 1979, Book 9620, Page 121, Official Records, "for use as a
roadway for vehicles•of all kinds, pedestrians and animals, and as a right of way for water, gas, oil and
sewer pipe lines, and for television,telephone, electric light and power lines, together with the necessary
poles of conduits to carry said lines over that portion of Lots I and 2, Map of Subdivision 5382, filed
November 14, 1979,Map Book 233,Page 27,Contra Costa County Records.
Containing 2.613 acres,more or less
SAVE AND EXCEPTING THERE FROM:
PARCEL 1 (58001-1):
Being a portion of the property described in the Grant Deed to Contra Costa County recorded August 7,
2001 as document number 2001-0231287-00 in the Official Records of Contra Costa County, and being
more particularly described as follows:
Beginning at the northwest comer of said County parcel; Thence along the north line of said County
parcel, South 721 17' 46"East, 126.864 meters to the northerly common comer between the said County
parcel and the parcel owned by Contra Costa County per that certain grant deed recorded August 7, 2001
as document no, 2001-0231288-00 of said Official records; Thence along the common line between said
County parcels, South 17' 50' 22" West, 45.281 meters; Thence leaving the said common line, North
75' 42' 42" West, 134.790 meters to the curving west line of said County parcel (2001-0231287-00),
being a curve to the left from which the center bears North 52' 53' 16" West-, Thence along said west
.......................................................................................................
...........................I.................
line for the following two (2) courses: (1) 46.445 meters in a northerly direction along the are of said
curve to the left, having a radius of 137.152 meters and through a central angle of 19' 24' 09" and (2)
North 170 421 14"East, 7.750 meters to the Point of Beginning.
Containing 6336.8 Square meters,more or less.
This conveyance is made for the purposes of a freeway and the grantor hereby retains and restricts from
the grantee any and all abutter's rights of access, appurtenant to grantee's remainder property, in and to
said freeway over and across the above described parcel (Per Parcel 1 —58001-1)of land; also retains and
restricts any and all other abutter's rights other than access appurtenant to said remaining grantee property
in and to said freeway.
Bearings and distances used in the above description are based on the California Coordinate System of
1983,Zone 3. Multiply distances shown by 1.0000639 to obtain ground level distances.
This real property description has been prepared by me,or under my direction,in conformance with the
Professional Land Surveyors Act.
�-AND
SHO
0
Scott A. Shortlidge Date ma
Licensed Land Surveyor 16441
California No,. 6441 OF CA'af
.3
owl
1:100 LEGEND
25 — 0 25 POB = POINT OF BEGINNING
-�- = RELINQUISHMENT OF
GRAPHIC SCALE = HERS ABUTTER'S RIGHTS
TCE = TEMPORARY CONSTRUCTION
EASEMENT
STATE ROUTE 4 '
PREVIOUSLY ACQUIRED
ACCESS RIGHTS RIGHTS
ti us
POB S 72'17'46"E 126.864
67A0 59.804 i
HARBOR COURT ASSoaATBLu f �
58009 1 SERIES NO.93.3665911 3r Aa
LOT 4 A PORTION OF LOT 5
233 M 27 N {04
' AREA 3 6336.8 m 2
w RELINQUISHMENT
R�ic�ABUTTERS 1
59.803.
-� 74.987 134. 9
K S 54
FEE 1€E4A1N[ t 1424&2 ane
so
5'f$� S ?2`17'46"E 29.484 C1 odix a
ROADWAY E� gm ox.'� y j
LANDS OF KING LtTf` 2
LOT 3 233 M 27
2 3 M 27 BEARINGS AND DISTANCES USED ARE BASED ON THE CAL FWM
CUtDDIATE SYSTEM``13F 190 ZOE III. WXTIPL.Y DISTANCES
SHDWN BY LOW0639 TIT CWTAIN GRflMJND DISTANCES.
CMVE TAM PENT TO ACCCMAP N
HARB+OR CC�UR TES
CURVE RADIUS LENGTH DELTA MR i Co mc.
Cl 143.247 37.699 15'09'32"
C2 15.239 10.848 40'47`13" ►"
C3 15.239 14.916 56'04"53"
C4 137.152 11.801 4�5 47 JOB w
C5 143.247 51.797 20`43'04" A,— ri00 't
0?.7ft SGUTTTLIDiH+ rat wa
,aur 1 .1003 MJ
4 r�
Exhibit"
PARCEL ONE:
Lot 6,Map of Subdivision 5382,filed November 14, 1979,Map Book 233,Page 27,Contra Costa County
Records.',
PARCEL TWO:
A portion of Lot 5,Map of Subdivisions 5382,filed November 14, 1979,Map Book 233,Page 27,Contra
Costa County Records as described:
Beginning at the northwesterly comer of Lot 6, Map of Subdivisions 5382 filed November 14, 1979, in
the Map Book 233,of Maps,Page 27,Contra Costa County Records;thence form said point of beginning
south 13°b1' 55"west,along the west line of said Lot 6,(233 M 27) 238.14 feet to the southwest comer
of said Lot 6,also being the southeast corner of the above referred to lot 5,(233 M 27);thence leaving the
west line of Lot 6 and running northerly in a direct line 232.26 feet to a point in the north line of said Lot
5, (233 M 27) which said point bears south 89° 59' 13" west 53.81 feet from the point of beginning,
thence north 89°59' 13" east along the north line of said Lot 5, 53.81 feet to the point of beginning, per
Certificate of Compliance for Lot Merger and Lot Line Adjustment recorded November 4, 1983 under
Series#83 162697.
Containing 2.27 acres,more or less
SAVE AND EXCEPTING THERE FROM:
PARCEL 580112-1
Being a portion of the property described in a Grant Deed to Contra Costa County recorded August 7,
2001 as document number 20171-0231288-00 in the Official Records of said County; and being more
particularly described as follows:
Beginning at the northeast comer of the said County parcel; Thence along the east line of said County
parcel, South 170 43' 18"West, 37.626 meters; Thence leaving said east line for the following two(2)
courses: (1) North 801 43' 36" West, 14.277 meters and (2) North 75° 03' 16"West, 115.580 meters to
the west line of said County parcel; Thence along said west line,North 17° 50' 22" East,45.281 meters
to the northwest corner of said County parcel; Thence along the north line of said County parcel, South
72° 17'46"East, 129.474 meters to the Point of Beginning.
Containing 5454.4 square meters of land area,more or less.
This conveyance is made for the purposes of a freeway and the grantor hereby retains and restricts from
the grantee any and all abutter's rights of access, appurtenant to grantee's remainder property, in and to
said freeway over and across the above described parcel (Per 58{142-1)of land; also retains and restricts
any and all other abutter's rights other than access appurtenant to said remaining grantee property in and
to said freeway.
Bearings and distances used in the above description are based on the California Coordinate System of
1983,Zone 3. Multiply distances shown by 1.4444639 to obtain ground level distances.
This real property description has been prepared by me,or under my direction,in conformance with the
Professional Land Surveyors Act.
' S /9/
Ho
rM
Scott A.'Shortlidge Bate # Exp.
Licensed Land Surveyor R2 6441
California No.6441 ' 4F 4 �
1:100 :LEGEND
25 0 25 POB = POINT OF BEGINNING
1 i i = RELINQUISHMENT OF
GRAPHIC SCALE = METERS ABUTTERS RIGHTS
STATE ROUTE 4
PREVIOUSLY ACQUIRED
ABUTTERS RIGHTS
N 7'2'17'46'"W 129.474 Poe
T 5f LANDS OF
1 -f CONTRA COSTA COUNTY LOT 6 S P U LIC SECURITY
f PORTK)N OF LCYT 5 # LOT 6 (AI S7 G RA CE
U * / TRACT 5382 ► 233 M12 58t7U2-1 �„
DOC NO. 20011=288-00
fARE4 5450 4 t11 ; PARCEL 'Er
w 1 �� s(pk3'36,,
f N 75'03'16'W 115.680 14.2
ra
� w
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TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTO;
DATE: May 20, 2003
SUBJECT: Approve the recommendation for allocating the Transportation Development Act,Article 3
Funding for Bicycle and Pedestrian Projects for Fiscal Year 2003/2004.
Project No.: 0076-6P1025
SPECIFIC REQUEST(S)CSR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION
1. Recommended Action:
APPROVE the recommendation for allocating the Transportation Development Act, Article 3
Funds for bicycle and pedestrian projects for Fiscal Year 2003/2004 and DIRECT the Public
Works Director to forward the list to the Metropolitan Transportation Commission for final approval
and allocation of funding effective July 1, 2003.
Continued on Attachment: X SIGNATURE:
RECOMMENDATION OF BOARD COMMITTEE
_f,,s��PP'ROVE OTHER
SIGNATURE(S): Aen
ACTION OF BOPA5i ON MAY 20, 20(}3 AF'RRflVEb AS RECOMMENDED Xx OTHER
61
VOTE OF SUPERVISORS
UNANIMOUS(ABSENT DIST:- "I �
AYES: NOES:
ABSENT: ABSTAIN:
DISTRICT III SEAT VACANT I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
'YJedate shown.
G:tGrpC7aiaSTransEngt2043t0C3-TE1TflA Board Order 0304-2.doa
Orig.Div: Public Works(TE) ATTESTED: MAY D}
Contact: Joe Yee(925)343-7002
2003
cc: Public Works Accounting JOHN SWEETEN, Clerk of the Board of
Vince Petrites,MTC Supervisors and County Administrator
City County Engineering Advisory Committee Members
Countywide Bicyele Advisory Committee Members
By ____ , Deputy
14
SUBJECT: Approve the recommendation for allocating the Transportation Development Act,
Article 3 Funding for Bicycle and Pedestrian Projects for Fiscal Year 2003/2004.
DATE: May 20, 2003
PAGE: 2
11. Fiscal Impact:
No impact to County General fund. Funding provided by Transportation Development Act,Article
3 Funds.
Ill. Reasons for Recommendations and Background;
In 1978, a procedure was recommended by the Mayors Conference and adopted by the County
Beard of Supervisors to ensure countywide consensus in allocating the Transportation
Development Act (TDA), Article 3 funds for bicycle and pedestrian projects. In 1991, the
Metropolitan Transportation Commission (MTC) required TDA applicants to have the proposed
projects reviewed by a city or countywide bicycle advisory committee. The cities and the County
were solicited for projects in November 2002. The proposed projects were reviewed by a city's
bicycle advisory committee or by the Countywide Bicycle Advisory Committee (CBAC) in
December and their input was incorporated into the final applications submitted at the end of
January 2003.
We estimated an original bid target of$430,000 in funding from MTC. Fourteen applications were
submitted totaling$1,469,300. The proposed projects were reviewed by a committee made up of
the City County Engineering Advisory Committee's TDA' Subcommittee and a CBAC
Subcommittee. The Field Review Committee developed a recommendation on funding.The TDA
Subcommittee forwarded the recommendation to the City County Engineering Advisory
Committee (CCEAC) for their consideration and approval.
The CCEAC approved the funding recommendation at their March 7,2003 meeting and forwarded
it to the Mayors Conference. The Mayors Conference heard and approved the recommendation
at their May 1, 2003 meeting. CCEAC now requests that the Board of Supervisors approve the
following funding recommendation for the 2003/2004 TDA, Article 3 funds and forward it to MTC
for final approval and funding allocation.
SUBJECT: Approve the recommendation for allocating the Transportation Development Act,
Article 3 Funding for Bicycle and Pedestrian Projects for Fiscal Year 2003/2004.
DATE: May 20, 2003
PAGE: 3
RECOMMENDATION FOR FUNDING
Project Project Sponsor Requested RecommendedFunding Funding
1 Bicycle and Pedestrian Safety County Health Services $30,000 $21,500
Education Projects
2 San Pablo Dam Road Sidewalk Gap County(West) $164,000 $0
Closure
3 Muir Station Rd Bike/Ped Crossing City of Martinez $230,000 $0
4 Buena Vista Ave Ped Improvements City of Walnut Creek $100,000 $0
5Miner Rd. Ped Bridge City of Orinda $185,000 $0
6 Rheem Blvd/Morga Rd Intersection Town of Morago $66,100 $66,100
Imp,
7 Hough Ave Sidewalk City of Lafayette $37,000 $37,000
8 Olympic Blvd, Pedestrian Path - Ph, 2 County(Central) $131,000 $115,000
9 Dougherty Rd Sidewalk Project City of San Ramon $50,000 $25,000
10 Wren Ave. Ped. Improvements City of Concord $45,000 $45,000
11 Pacif ica Ave Path County (Fast) $169,000 $0
12 Polaris Dr. Bike Facility City of Pittsburg $92,200 $77,500
13 Hillcrest Ave, Ped. & Bike Facilities City of Antioch $130,000 $0
14 Curb Cuts City of Brentwood $40,000 $30,000
$1,469,300 $417,100
SUBJECT: Approve the recommendation for allocating the Transportation Development Act,
Article 3 Funding for Bicycle and Pedestrian Projects for Fiscal Year 200312004.
DATE: May 20, 2003
PAGE: 4
The Field Review Committee offers the following reasoning for the recommendation:
1. Bicycle Safety Education Program Amount Requested: $30,000
The Subcommittee is supportive of the efforts of this program and recommends funding up to the
5% allowed by TDA, which is $21,500.
2. San Pablo Dara Road Sidewalk Gap Closure Amount Requested: $154,000
The Subcommittee recommends no funding for this project. The Subcommittee was supportive of
the project but concerned that right of way issues have not been resolved. The Subcommittee
recommends that the right of way issues be resolved and reapply for TDA funding next year.
3. Muir Station Road Bicycle/Pedestrian Path Amount Requested: $230,000
The Subcommittee recommends no funding for this project. The Subcommittee was supportive of
the project but concerned that right of way issues have not been resolved. The Subcommittee
recommends that the right of way issues be resolved and reapply for TDA funding next year.
4. Buena Vista Avenue Pedestrian Improvements Amount Requested: $100,000
The Subcommittee recommends no funding for this project. The Subcommittee was supportive of
the project but concerned that right of way issues have not been resolved. The Subcommittee
recommends that the rightof way Issues be resolved and reapply for TDA funding next year.
5. Miner Road Pedestrian Bridge Amount Requested: $185,000
The Subcommittee recommends no funding for this project. The Subcommittee was uncertain that
the proposed project will resolve the bicycle/pedestrian issues and recommend that the City work
with the golf'course to resolve access issues with golfing and maintenance use.
6. Rheem Boulevard/Moraga Road Pedestrian Signals Amount Requested: $65,100
The Subcommittee recommends fully funding the requested amount for this project. The
Subcommittee was supportive of the project to provide pedestrian access.
7. Hough Avenue Sidewalk Connection Amount Requested: $37,000
The Subcommittee recommends fully funding the requested amount for this project. The
Subcommittee was supportive of the project to provide pedestrian access.
8. Olympic Boulevard Pedestrian Path -- Phase 2 Amount Requested: $131,000
The Subcommittee recommends funding in the amount of $115,000 toward this project. The
Subcommittee continues to support this path project along a major arterial.
9. Dougherty Road Sidewalk Amount Requested: $50,000
The Subcommittee recommends funding in the amount of $25,000 toward this project. The
Subcommittee supports this sidewalk project along a major arterial but feels there should be
developer contribution towards this project.