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REDEVELOPMENT AGENCY AGENDA ITEM NO. 17


Meeting Date: April 10, 2007

Subject/Title: Approve and record a revised statement for the redevelopment plan as prescribed in Senate Bill1809

Prepared by: Donald Kwong, Senior Redevelopment Analyst

Submitted by: Howard Sword, Director of Community Development

RECOMMENDATION
Approve and record a revised statement for the redevelopment plan as prescribed in Senate Bill (SB) 1809.

PREVIOUS ACTION
The City Council of the City of Brentwood ("City Council") adopted Ordinance No. 333 on July 13, 1982, approving and adopting the Redevelopment Plan for the Downtown Redevelopment Project ("Downtown Redevelopment Plan"). The Downtown Redevelopment Plan was amended by Ordinance No. 358 on November 29, 1983 to add area to the Downtown Redevelopment Project Area ("Downtown Added Area" also known as Harvest Park area). It was amended again by Ordinance No. 549 on December 27, 1994 and Ordinance No. 621 on September 13, 1999.

The City Council adopted Ordinance No. 496 on July 9, 1991 approving and adopting the Redevelopment Plan for the North Brentwood Redevelopment Project ("North Brentwood Redevelopment Plan"). The North Brentwood Redevelopment Plan was amended by Ordinance No. 548 adopted on December 27, 1994.

The City Council merged the Downtown Redevelopment Project Area with the North Brentwood Redevelopment Project Area (the "Merged Project Area") by Ordinance No. 632 adopted on May 9, 2000. The merged project area was amended by Ordinance No. 699 adopted on March 12, 2002 to change certain time limitations within the Merged Project Area. The Sunset Area was added to the North Brentwood Project Area by Ordinance No. 708 adopted on June 28, 2002 which also amended certain time limitations with respect to the Agency's eminent domain authority in the Merged Project Areas.

In accordance with Community Redevelopment Law, eminent domain authority must be renewed every twelve years by a redevelopment agency. As such with the June 28, 2002 amendment to the Merged Project Area, the Brentwood Redevelopment Agency’s authority of eminent domain expires in 2014. This authority may be extended another twelve years by the Council in 2014.

BACKGROUND
SB 1809 requires the Agency to record a revised statement for the Redevelopment Plan with the County Recorder prior to December 31, 2007. The revised statement must contain a general description of the provisions of the existing redevelopment plan in regards to eminent domain, and a heading in boldface type that the property is in a redevelopment project area. The Agency cannot commence any eminent domain action until the revised statement is recorded.

FISCAL IMPACT
None.

Attachments: 1. Resolution No. RDA -
2. Revised Notice of Adoption of the Redevelopment Plans for the Downtown Brentwood and North Brentwood Redevelopment Projects


RESOLUTION NO. RDA-


A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF BRENTWOOD AUTHORIZING STAFF TO EXECUTE AND RECORD A REVISED STATEMENT FOR THE REDEVELOPMENT PLAN WITH THE COUNTY RECORDER WHICH SHALL CONTAIN A GENERAL DESCRIPTION OF THE PROVISIONS OF THE EXISTING REDEVELOPMENT PLAN IN REGARDS TO EMINENT DOMAIN, AND A HEADING IN BOLDFACE TYPE THAT THE PROPERTY IS IN A REDEVELOPMENT PROJECT AREA.


WHEREAS, the City Council of the City of Brentwood ("City Council") adopted Ordinance No. 333 on July 13, 1982, approving and adopting the Redevelopment Plan for the Brentwood Redevelopment Project ("Downtown Redevelopment Plan"), as amended by Ordinance No. 358 on November 29, 1983 which added area to the Downtown Redevelopment Project Area ("Downtown Added Area"), Ordinance No. 549 on December 27, 1994, and by Ordinance No. 621 on September 13, 1999; and

WHEREAS, the City Council adopted Ordinance No. 496 on July 9, 1991 approving and adopting the Redevelopment Plan for the North Brentwood Redevelopment Plan ("North Brentwood Redevelopment Plan"), as amended by Ordinance No. 548 adopted on December 27, 1994; and

WHEREAS, the City Council merged the Downtown Redevelopment Project Area with the North Brentwood Redevelopment Project Area (the "Merged Project Areas") by Ordinance No. 632 adopted on May 9, 2000 and as further amended by Ordinance No. 699 adopted on March 12, 2002 which changed certain time limitations within both Project Areas. The Downtown Redevelopment Plan and the North Brentwood Redevelopment are hereinafter referred to as the "Redevelopment Plans"); and

WHEREAS, the Sunset Area was added to the North Brentwood Project Area by Ordinance No. 708 adopted on June 28, 2002 and amended certain time limitations with respect to the Agency's eminent domain authority in the Merged Project Areas; and

WHEREAS, the City of Brentwood Redevelopment Agency ("Agency") has been designated as the official redevelopment agency in the City of Brentwood to carry out the functions and requirements of the Community Redevelopment Law of the State of California (Health and Safety Code Section 33000 et seq.) and to implement the Redevelopment Plans; and

WHEREAS, Sections 308, 309 and 310 of the Downtown Redevelopment Plan contain Agency authority to acquire property by eminent domain; and

WHEREAS, Sections VI B. (1) and (2) of the North Brentwood Redevelopment Plan contains Agency authority to acquire property by eminent domain; and

WHEREAS, Section 33456 of the Health and Safety Code was added by Senate Bill 1809, which took effect on January 1, 2007, and requires the Agency to record a revised statement for the Redevelopment Plan with the County Recorder before December 31, 2007; said statement must contain a general description of the provisions of the existing redevelopment plan in regards to eminent domain, and a heading in boldface type that the property is in a redevelopment project area.

NOW, THEREFORE BE IT RESOLVED that the Redevelopment Agency of the City of Brentwood hereby authorizes:

Staff to execute and record a revised statement for the Redevelopment Plan with the County Recorder. The revised statement shall contain a general description of the provisions of the existing redevelopment plan in regards to eminent domain, and a heading in boldface type that the property is in a redevelopment project area.


PASSED, APPROVED AND ADOPTED by the Redevelopment Agency of the City of Brentwood at a regular meeting held on the 10th day of April 2007 by the following vote


Recording Requested by
and When Recorded Return to:

Margaret Wimberly
City Clerk
City of Brentwood
150 City Park Way
Brentwood, CA 94513

Exempt from recording fees pursuant to Government Code Section 27383


ALL PROPERTY TO WHICH THIS NOTICE PERTAINS
IS LOCATED WITHIN THE DOWNTOWN BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS


REVISED NOTICE OF ADOPTION OF THE
REDEVELOPMENT PLANS FOR THE DOWNTOWN
BRENTWOOD AND NORTH BRENTWOOD REDEVELOPMENT PROJECTS


NOTICE IS HEREBY GIVEN, in compliance with Section 33373(c) of the California Health and Safety Code which became effective January 1, 2007, that the City Council of the City of Brentwood ("City Council") adopted Ordinance No. 333 on July 13, 1982, approving and adopting the Redevelopment Plan for the Downtown Redevelopment Project ("Downtown Redevelopment Plan"), as amended by Ordinance No. 358 on November 29, 1983, which added area to the Downtown Redevelopment Project Area ("Downtown Added Area"), Ordinance No. 549 on December 27, 1994, and Ordinance No. 621 on September 13, 1999. The City Council adopted Ordinance No. 496 on July 9, 1991 approving and adopting the Redevelopment Plan for the North Brentwood Redevelopment Project ("North Brentwood Redevelopment Plan"), as amended by Ordinance No. 548 adopted on December 27, 1994. The City Council merged the Downtown Redevelopment Project Area with the North Brentwood Redevelopment Project Area (the "Merged Project Area") by Ordinance No. 632 adopted on May 9, 2000, and as further amended by Ordinance No. 699 adopted on March 12, 2002, which changed certain time limitations within the Merged Project Area. The Sunset Area was added to the North Brentwood Project Area by Ordinance No. 708 adopted on June 28, 2002, which amended certain time limitations with respect to the Agency's eminent domain authority in the Merged Project Areas. The City of Brentwood Redevelopment Agency ("Agency") is vested with the responsibility to carry out the Redevelopment Plan.
Legal descriptions of the boundaries of the Merged Project Areas are attached hereto as Exhibit A-1, A-2 and A-3 and incorporated herein by reference and a copy of the Downtown Brentwood and North Brentwood Redevelopment Plans may be obtained from the Agency.
Proceedings for the redevelopment of the Project Areas, as contemplated by the Redevelopment Plans have been instituted under the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.).
AGENCY'S EMINENT DOMAIN AUTHORITY. Sections 308, 309, and 310 of the Downtown Redevelopment Plan provide as follows:
Except as specifically exempted herein, the Agency may, but is not required to, acquire or obtain options to acquire all real property located in the Project Area by any means authorized by law.
It is in the public interest and is necessary in order to eliminate the conditions requiring redevelopment and in order to execute this Plan for the power of eminent domain to be employed by the Agency to acquire real property in the Project Area which cannot be acquired by gift, devise, exchange, purchase or any other lawful method. Eminent domain proceedings, if used, must be commenced within twelve years (12) years from the date of adoption of the ordinance approving the Sixth Amendment to this Plan.
The Agency shall not acquire real property to be retained by an owner pursuant to a participation agreement if the owner fully performs under the agreement. The Agency is authorized to acquire structures without acquiring the land upon which those structures are located. The Agency is authorized to acquire either the entire fee or any other interest in real property less than a fee.
The Agency shall not acquire real property on which an existing building is to be continued on its present site and in its present form and use without the consent of the owner, unless: (a) such building requires structural alteration, improvement, modernization or rehabilitation; (b) the site, or lot on which the building is situated, requires modification in size, shape or use; or (c) it is necessary to impose upon such property any of the controls, limitations, restrictions, and requirements of this Plan, and the owner fails or refuses to execute a participate agreement in accordance with the provisions of this Plan.
The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire public property transferred to private ownership before redevelopment of the Project Area is completed, unless the Agency and the private owner enter into a participation agreement and the owner completes his responsibilities under the participation agreement.
Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain.
AGENCY'S EMINENT DOMAIN AUTHORITY. Sections Part VI B. (1) and (2) of the North Brentwood Redevelopment Plan provide as follows:
Except as specifically limited herein, the Agency may, but is not required to, acquire, or obtain options to acquire, all real property located in the Project Area by gift, devise, exchange, purchase, eminent domain or any other lawful method whatsoever. The Agency may also acquire any other interest in real property less than a fee interest, including, but not limited to, an easement, a leasehold, or a security interest.
Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment, the power of eminent domain may be employed by the Agency to acquire real property in the Project Area.
The Agency must commence eminent domain proceedings with respect to any property which it intends to acquire in the Project Area within twelve (12) years of the date of adoption of the ordinance adopting the Fourth Amendment to the Plan. This time limit for commencement of eminent domain proceedings may be extended only by amendment of the Plan.
Prior to any acquisition through eminent domain the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method.
The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. The Agency is authorized, however, to acquire property devoted to a public use, if it is transferred to private ownership before the Agency completes land disposition with the Project Area.
Generally, personal property shall not be acquired. However, where necessary in the execution of this Plan, the Agency is authorized to acquire personal property in the Project Area by any lawful means, including eminent domain.
In addition to the above limitations, the Agency has promulgated rules for owner and tenant participation which provide reasonable opportunities for owners of property and tenants in the Project Area to participate in the Redevelopment Plan. Accordingly, the power of eminent domain shall not be exercised except in compliance with the rules and procedures set forth therein and as shall be amended.

Filed for recordation with the County Recorder of Contra Costa County by order of the City Council for the City of Brentwood, California.

Dated: , 2007.



Margaret Wimberly, City Clerk


Attachment: EXHIBIT A-1 Legal Description of Downtown Original Project Area
EXHIBIT A-2 Legal Description of Downtown Added Project Area
EXHIBIT A-3 Legal Description of North Brentwood Original and Added Project Area




EXHIBIT A-1
LEGAL DESCRIPTION OF DOWNTOWN ORIGINAL PROJECT AREA

The boundaries of the City of Brentwood Redevelopment Project Area is that portion of the City of Brentwood, County of Contra Costa, State of California as shown on Attachment B titled Map of the Project Area and described as follows:

Beginning at the iron pipe set at the southwesterly corner of Lot 2 of Block D of the Delta Park Subdivision recorded November 9, 1944 in Book 27 of maps at page 38, Contra Costa County Records (27 M 38), said point also being the intersection of the northeasterly line of First Street and the southeasterly line of Fir Street in the City of Brentwood;

Thence, along the southwesterly line of said Delta Park Subdivision (27 M 38) and said northeasterly line of First Street north 35° 38’ west 960.00 feet to the iron pipe set on the northwesterly line of said subdivision (27 M 38) and the southeasterly line of Birch Street;

Thence, easterly along said northwesterly line of said subdivision (27 M 38) and said southeasterly line of Birch Street north 54° 23’ east approximately 800 feet to the northeasterly line of Subdivision Road “C”, as shown on Subdivision Number Four of Brentwood Irrigated Farms, recorded September 11, 1917 in Book 16 of maps, at page 325, Contra Costa County Records (16 M 325), said point also being the intersection of said southeasterly line of Birch Street and the northeasterly line of Third Street;

Thence, northwesterly along the northeasterly line of said Third Street, north 35° 38’ west approximately 385.58 feet to the northwesterly corner of Lot 170 of said Subdivision Number Four of Brentwood Irrigated Farms (16 M 325) and the southerly line of Brentwood Road shown as Road No. 2 of said Subdivision Number Four of Brentwood Irrigated Farms (16 M 325);

Thence, easterly along the northerly line of said Lot 170 (16 M 325) and southerly line of Brentwood Road, north 89° 09’ east, approximately 381.4 feet to a point where the extension of the westerly line of Lot 162 of Subdivision Number Four of Brentwood Irrigated Farms (16 M 325) intersects said southerly line of Road Number Two (16 M 325);

Thence, northerly along said extension of the westerly line of Lot 162, Lot 161, Lot 154 and a portion of Lot 153 (16 M 325) north 0° 29’ east 1963.5 feet to the southerly line of Parcel “D” of that Parcel Map recorded June 24, 1969, in Book 9 of Parcel Maps on Page 23 of Contra Costa County Records (9 PM 23);

Thence, westerly along the southerly line of Parcels A, B, C and D of said Parcel Map (9 PM 23), south 89° 40’ west, 1298.11 feet; thence south 54° 23’ west, 38.87 feet to the southwesterly corner of said Parcel “A” (9 PM 23);

Thence, north 35° 37’ west, 265.93 feet; thence north 0° 29’ east, 460.02 feet along the westerly boundary of said Parcel “A” (9 PM 23) to the centerline of Sycamore Avenue, said line also being the south line of Section 7, Township 1 North, Range 3 East, Mount Diablo Base and Meridian;

Thence, westerly along said centerline of Sycamore Avenue south 89° 42’ west, approximately 360.87 feet, to the centerline of California State Highway Number Four, said point also being the southwest corner of said Section 7, Township 1 North, Range 3 East, Mount Diablo Base and Meridian;

Thence, from said point westerly along the extended southerly line of Subdivision Number 2198 Brentwood Manor recorded June 30, 1955 in Book 58 of maps at page 49, Contra Costa County Records (58 M 49), said line also being the northerly line of Section 13, Township 1 North, Range 2 East, Mount Diablo Base and Meridian, south 89° 40’ west, approximately 2149.4 feet to the northeasterly right of way line of the Southern Pacific Railroad right of way;

Thence, southeasterly along the northeasterly right of way line of the Southern Pacific Railroad line, south 35° 37’ east, approximately 1381.4 feet, to the extension of the northwesterly line of Lot 103, of Subdivision Number Three of Brentwood Irrigated Farms, recorded September 11, 1917 in Book 16 of maps, page 324 Contra Costa County Records (16 M 324);

Thence, southerly along said extension of the northwesterly line of Lot 103 (16 M 324), south 54° 23’ west, 1239.9 feet, to the northwesterly corner of Lot 103 (16 M 324);

Thence along the northeasterly boundary of Lot 106 (16 M 324), heading north 33° 18’ west, 240.5 feet to the northwesterly corner of Lot 106;

Thence along the westerly line of Lot 106 (16 M 324) south 0° 08’ west, 1018.6 feet, to the southerly line of Road Number 8, Dainty Avenue, (16 M 324);

Thence, easterly along the southerly line of said Road Number 8 (16 M 324) north 89° 58’ east, 1830 feet, to the northwesterly corner of Lot 116 (16 M 324);

Thence, along the westerly line of Lot 116 and Lot 117 (16 M 324) south 0° 08’ west, for a distance of approximately 1226.8 feet to the southerly line of Road “A”, McClarren Road, (16 M 324);

Thence, easterly along the southerly line of Road “A” (16 M 324), north 89° 55’ east, 710 feet, to the easterly line of Road Number 5, Walnut Blvd., (16 M 324);

Thence, along the easterly line of Road Number 5 (16 M 324), south 0° 08’ west, 90.5 feet;

Thence, north 89° 37’ 15” east, 513.97 feet to the northeasterly line of Lot 181 (16 M 325);

Thence, southerly along said northeasterly line of Lot 181 (16 M 325) heading south 35° 38’ east approximately 770 feet, to the extension of the southeasterly line of Fir Street of the Homestead addition to the Town of Brentwood, recorded May 3, 1921 in Book 17 of Maps at page 379, Contra Costa County Records (17 M 379);

Thence, along said extended southeasterly line of Fir Street (17 M 379) north 54° 23’ east, approximately 690 feet, to that iron pipe set at the southwesterly corner of Lot 2 of Block D of the Delta Park Subdivision (27 M 38) which is the Point of Beginning of this description.

Containing approximately 280.5 acres, more or less.



EXHIBIT A-2
LEGAL DESCRIPTION OF DOWNTOWN ADDED PROJECT AREA

The boundaries of the City of Brentwood Redevelopment Project Area Amendment 1 is that portion of the City of Brentwood, County of Contra Costa, State of California as shown on Attachment 2 titled Map of the Project Area and described as follows:

Beginning at the northeasterly corner of Lot No. 196 of Subdivision Number Four of Brentwood Irrigated Farms recorded September 11, 1917, in Book 16 of Maps at page 325, Contra Costa County Records (16 M 325); thence, northerly along the extension of the easterly line of said Lot 196 North 0° 01’ East, 40.00 feet to the northerly line of Balfour Road and the southerly lines of Lot A, Lot 178 and 179 (16 M 325); thence, westerly along the north line of Balfour Road South 89° 37’ 30” West 2098.4 feet, more or less, to a point 183.70 feet East of the northeasterly intersection of Balfour Road and State Highway 4; thence, North 35° 38’ West along a line parallel to the northeast line of said State Highway 4, 396.1 feet, more or less; thence, North 54° 23’ East, 380.0 feet, more or less, to a point on the southerly extension of the northeasterly line of First Street and the westerly line of Lot 2 of Block “D” of Delta Park Subdivision recorded November 9, 1944, in Book 27 of maps at page 38, Contra Costa County Records (27 M 38); thence, northerly along the extension of the northeasterly line of First Street North 35° 38’ West, 550.0 feet, more or less, to the southwest corner of said Lot 2 of Block “D” (27 M 38); thence, southerly along the southeasterly line of Fir Street and the southerly line of said Lot 2 of Block “D” (27 M 39) extended South 54° 23’ West, 580.0 feet, more or less, to the northeasterly line of the Southern Pacific Railroad right of way; thence, southeasterly along said northeasterly right of way of Southern Pacific Railroad South 35° 38’ East, 4075.64 feet, more or less, to the northeasterly intersection of said Southern Pacific Railroad and the East Contra Costa Irrigation District Main Canal as shown on Subdivision No. Four (16 M 325); thence along the northerly line of the Main Canal and the extension of the southerly line of Lot No’s. 200 and 202 (16 M 325) North 89° 55’ East approximately 685.80 feet to the southeasterly corner of Parcel “B” of that map recorded July 12, 1978 in Book 67 of Parcel Maps, at pages 48 and 49, Contra Costa County Records (67 PM 48 and 49); thence along the easterly line of said Parcel Map (67 PM 48 and 49) North 35° 25’ West 700.85 feet; thence North 62° 45’ East, 192.91 feet to the easterly line of Lot No. 200 (16 M 325); thence North 0° 01’ East, approximately 1972.60 feet to the point of beginning of this description at the northeasterly corner of Lot No. 196 (16 M 325).

Containing an area of 88.98 acres, more or less.






Total Brentwood Redevelopment Downtown Original Project Area and Added Project Area containing an area of 370 acres, more or less.




EXHIBIT A-3
LEGAL DESCRIPTION OF THE
NORTH BRENTWOOD REDEVELOPMENT ORIGINAL AND ADDED PROJECT AREA


All that certain real property, situate in the City of Brentwood, County of Contra Costa, State of California, described as follows:

ORIGINAL PROJECT AREA:
BEGINNING at the southeast corner of Section 12, Township 1 North, Range 2 East, Mount Diablo Base and Meridian, said point also being on the centerline of State Highway 4; thence, from said Point of Beginning, South 89° 40' West 225 feet to the southeast corner of Subdivision 2198, filed June 30, 1955 in Book 58 of Maps, at page 49, Contra Costa County Records; thence northerly along the east line of said Subdivision 2198 (58 M 49) North 0° 30' East 210.00 feet to the south line of Broderick Drive; thence, continuing along the extension of said east line of Subdivision 2198 (58 M 49), North 0° 30' East 80.00 feet to a point on the north line of said Broderick Drive, said point also being the southeast corner of Subdivision 2594, filed November 28, 1960 in Book 80 of Maps, at page 14, Contra Costa County Records; thence, continuing northerly along the east line of said Subdivision 2594 (80 M 14), North 0° 30' East 210.00 feet to the northeastern corner thereof, said point also being the southeastern corner of Subdivision 3473, filed February 16, 1966 in Book 110 of Maps, at page 4, Contra Costa County Records; thence, continuing northerly along the east line of said Subdivision 3473 (110 M 4) North 0° 30' East 250.0 feet to the northeast corner thereof; thence westerly along the north line of said Subdivision 3473 (110 M 4), South 89° 40' West 1,050.0 feet to the northwest corner thereof; thence southerly along the west line of said Subdivision 3473 (110 M 4), South 0° 30' West 250.0 feet to the southwest corner thereof, said point also being the northwest corner of said Subdivision 2594 (80 M 14); thence, continuing southerly along said west line of said Subdivision 2594 (80 M 14) South 0° 30' West 250.00 feet to the southwest corner thereof, said point also being the northwest corner of said Subdivision 2198 (58 M 49); thence continuing southerly along said west line of said Subdivision 2198 (58 M 49) South 0° 30' West 250 feet to the southwest corner thereof, said point also being a point on the south line of said Section 12, Township 1 North, Range 2 East, MDB&M; thence westerly along said south line of said Section 12 (T1N, R2E, MDB&M) South 89° 40' West 874.6 feet to the northeast right-of-way line of the Southern Pacific Company; thence, northwesterly along said northeast right-of-way line of said Southern Pacific Company, North 35° 37' West 2,655 feet to the western corner of Lot 213, as shown on the map of Subdivision Number Five of Brentwood Irrigated Farms, Amended, filed August 4, 1920 in Book 17 of Maps, at page 372, Contra Costa County Records, said point also being on the line of the E.C.C.I. Co. Main Lateral No. 5 North; thence northeasterly along the line of said E.C.C.I. Co. Main Lateral No. 5 North, also being the northwest line of Lots 213 and 206 of said Subdivision Number Five of Brentwood Irrigated Farms, Amended (17 M 372) North 54° 23' East 50.0 feet to an angle point; thence, North 17° 35' East 2,895.8 feet to the northwest corner of said Lot 206 of said Subdivision Number Five of Brentwood Irrigated Farms Amended (17 M 372), said point also being on the north line of said Section 12 (T1N, R2E, MDB&M); thence, easterly along said north line of said Section 12, East 1,457.54 feet to the southeast corner of Lot 8 of 0. C. Prewetts Lone Oak Subdivision filed in Book 6 of Maps, at page 139, Contra Costa County Records; also being the southwest corner of Parcel "B" of MS 13-71 as shown on the parcel map filed April 20, 1971 in Book 16 of Parcel Maps, at page 18, Contra Costa County Records; thence, northerly along the east line of said 0. C. Prewetts Lone Oak Subdivision (6 M 139) North 1,621.62 feet to the south line of the Contra Costa County Flood Control and Water Conservation District right-of-way; thence westerly along said south line of said Contra Costa County Flood Control and Water Conservation District right-of-way, West 1473.12 feet to the southwest corner of said Contra Costa County Flood Control and Water Conservation District right-of-way; thence northerly along the west line of said Contra Costa County Flood Control and Water Conservation District right-of-way, North 0° 42' 15" East 40.39 feet to an angle point; thence continuing along the west line of said Contra Costa County Flood Control and Water Conservation District right-of-way and its promulgation, North 7° 17' 45 West 934.53 feet to an angle point; thence, North 0° 42' 16" West 28.25 feet to a point on the southern right-of-way line of Lone Tree Way; thence perpendicular to said southern right-of-way line of Lone Tree Way, North 0° 35' West 45 feet to a point on the north right-of-way line of said Lone Tree Way; thence easterly along said north right-of-way line of Lone Tree Way, the following four courses: 1) North 0° 42' 16" West 25 feet to the southwest corner of Parcel "A" as shown on the parcel map filed November 13, 1968, in Book 6 of Parcel Maps, at page 18, Contra Costa County Records, 2) South 89° 16' 44" East 159.39 feet to the southeast corner of said Parcel "A" (6 PM 18), 3) South 3° 14' 16" West 25.05 feet to an angle point, and 4) South 89° 16'44" East 125.81 feet to the end of the west return for Anderson Lane; thence, tangent to the last course, along the arc of a curve to the left, having a radius of 20 feet, through a central angle of 89° 04' 41", an arc length of 31 feet to the north end of the west return for Anderson Lane; thence, northerly along the west line of Anderson Lane, North 1° 38' 35" East 759.35 feet to a point of curvature; thence, continuing along the west right-of-way line of Anderson Lane, along the arc of a tangent curve to the right, having a radius of 1,030 feet, through a central angle of 7° 55' 37", an arc length of 142.50 feet; thence, continuing northerly along the west line of Anderson Lane, North 9° 34' 12" East 332.87 feet to a point of curvature; thence, continuing northerly along the west right-of-way line of Anderson Lane, along the arc of a tangent curve to the left, having a radius of 970 feet, through a central angle of 4° 36' 07", an arc length of 77.9 feet; thence, leaving said west right-of-way line of Anderson Lane, perpendicular to the right-of-way, South 85° 01' 55" East 60.00 feet to a point on the east right-of-way line of said Anderson Lane, said point also being the southwest corner of Parcel "B" as shown on the parcel map filed March 6, 1972, in Book 21 of Parcel Maps, at page 8, Contra Costa County Records, and also being a point on the north line of Lot 17 of the Lone Tree Villa subdivision, as shown on the map filed in Book 35 of Maps, at page 30, Contra Costa County Records; thence, along said north line of said Lone Tree Villa subdivision (35 M 30) East 1,048.15 feet to the northeast corner thereof, said point also being on the west line of Parcel "C' as shown on the parcel map filed June 9, 1977, in Book 55 of Parcel Maps, at page 23, Contra Costa County Records; thence northerly along the west line of Parcels "C' and "A" of said parcel map (55 PM 23) North 0° 43' 40" East 824.4 feet to the northwest corner of said Parcel "A" (55 PM 23); thence, easterly along the north line of Parcels "A" and "B" of said parcel map (55 PM 23), South 89° 57' 29" East 1,269.94 feet to the northeast corner of said Parcel "B" (55 PM 23); said point also being on the west right-of-way line of the Liberty Link Highway (State Route 4); thence along the west right-of-way line of said Liberty Link Highway the following two courses: 1) East 25 feet to an angle point; and 2) North 200 feet to a point which lies 75 feet, measured at right angles to the centerline of said Liberty Link Highway, from the northwest corner of Parcel "B" as shown on the parcel map recorded November 9, 1970, in Book 14 of Parcel Maps, at page 40, Contra Costa County Records, thence, perpendicular to said centerline of said Liberty Link Highway, East, 75 feet to the northwest corner of said Parcel "B" (14 PM 40); thence, easterly along the north line of said Parcel "B" (14 PM 40) North 89° 55' East 1,276.70 feet to the northeast corner thereof; thence southerly along the east line of Parcels "B" and "C' as shown on said parcel map (14 PM 40), South 0° 20' West 658.70 feet to the southeast corner of said Parcel "C' (14 M 40); thence, continuing southerly South 0° 20' West 1,663 feet to the northeast corner of Parcel "B", as shown on the parcel map filed August 10, 1978, in Book 68 of Parcel Maps, at page 44, Contra Costa County Records; thence, continuing southerly, along the east line of said Parcel "B", (68 PM 44) South 0° 19' 40" West 1,321.7 feet to a point on the centerline of Hanson Lane, said point also lying on the north line of Parcel "B" as shown on the parcel map filed August 28, 1978, in Book 69 of Parcel Maps, at page 23, Contra Costa County Records, distant thereon 262.87 feet, more or less, from the northeast corner of said Parcel "B" (69 PM 23); thence, easterly along the north line of said Parcel "B" (69 PM 23) South 89° 56' 10" East 262.87 feet to the northeast corner of said Parcel "B" (69 PM 23); thence, continuing along the projection of the north line of said Parcel "B" (69 PM 23) South 89° 56' 10" East 45.56 feet to a point on the northerly projection of the east line of Parcel "A" of said parcel map; thence southerly along the projection of the east line of said Parcel "A" (69 PM 23), South 1° 13' 31" West 138.03 feet to the north corner of said Parcel "A" (69 PM 23), thence; South 1° 13' 31" West 1,161.58 feet to the southeast corner of said Parcel "A" (69 PM 23); thence, continuing southerly along the east line of said Parcel "A" (69 PM 23), said point also being on the north right-of-way line of Sunset Road; thence, continuing southerly South 1° 20' 15" West 1,063.40 feet, in a direct line to the northeast corner of Subdivision 6200, as shown on the map filed August 16, 1984 in Book 281 of Maps, at page 23, Contra Costa County Records, said northeast corner of said Subdivision 6200 also being on the north right-of-way line of Havenwood Avenue; thence, continuing southerly along the east line of said Subdivision 6200 (281 M 23) South 1° 20' 15" West 50.00 feet to a point on the south fight-of-way line of said Havenwood Avenue; thence westerly along said south right-of-way line of Havenwood Avenue, North 89° 27' 45" West 1,382.60 feet to the northwest corner of Lot 10 of said Subdivision 6200 (281 M 23), said point also being the northeast corner of Parcel "A" as shown on the parcel map filed November 2, 1967 in Book 1 of Parcel Maps, at page 47, Contra Costa County Records; thence southerly along the west line of said Subdivision 6200 (281 M 23) South 1° 20' 15" West 452.00 feet to a point on the north right-of-way line of Applewood Common, said point also being the southwest corner of Parcel "D", as shown on the parcel map of MS 125-73, filed November 26, 1973, in Book 31 of Parcel Maps, at page 20, Contra Costa County Records; thence continuing southerly South 1° 20' 15" West 62.19 feet to a point on the south fight-of-way line of Applewood Common; thence westerly along said south right-of-way line of Applewood Common the following two courses: 1) South 83° 32' 15" West 31.29 feet to an angle point, and 2) South 1° 20' 15" West 4.00 feet; thence leaving said south right-of-way line of said Applewood Common, South 1° 20' 15" West 88.00 feet to the southwest corner of said Subdivision 6200 (281 M 23); thence, easterly along the south line of said Subdivision 6200 (281 M 23) South 89° 27' 45" East 1,413.60 feet to the southeast corner thereof; thence South 0° 30' East 2,125 feet directly to the northeast corner of Subdivision 4251, Brentwood Villa No. 2, filed July 14, 1972, in Book 148 of Maps, at page 16, Contra Costa County Records; thence westerly along the north line of Lot 11 of said Subdivision 4251 (148 M 16) North 89° 24' 39" West 100.01 feet to the northwest corner thereof; thence South 1° 17' 49" West 1.00 feet to the northeast terminus of the right-of-way of Windsor Way; thence westerly along the north terminus of said Windsor Way right-of-way North 89° 24' 39" West 60.00 feet to the northwest corner thereof; thence southerly along the west right-of-way line of said Windsor Way, South 1° 17' 49" West 191.76 feet to the northeast corner of Lot 12, as shown on the map of said Subdivision 4251 (148 M 16) the following four courses: 1) North 89° 26' 44" West 245.00 feet to an angle point, 2) North 82° 25' 19" West 216.61 feet to an angle point, 3) North 1° 19' 46" East 146.56 feet to the northeast corner of Lot 41, as shown on said map of Subdivision 4251 (148 M 16), and 4) North 89° 24' 39" West 100.01 feet to a point on the east right-of-way line of Barbara Street; thence, southerly along the said east right-of-way line of Barbara Street, South 1° 19' 46" West 684 feet, more or less, to southwest corner of Lot 42, as shown on the map of said Subdivision 4251 (148 M 16); thence, easterly along the south line of said Subdivision 4251 (148 M 16) South 89° 26' 44" East 437.35 feet to the northwest corner of Lot 7, as shown on the map of Subdivision 5390, filed July 31, 1980, in Book 243 of Maps, at page 2, Contra Costa County Records; thence southerly and easterly along the west and south lines of Lots 7, 6, 5, 4, and 3, of said Subdivision 5390 (243 M 2), the following five courses: 1) South 10° 46' 03" West 109.94 feet to an angle point, 2) South 20° 59' 19" East 53.42 feet to an angle point, 3) South 38° 51' 09" East 80.00 feet to an angle point, 4) South 73° 56' 50" East 62.85 feet to an angle point, and 5) South 88° 42' 11" East 168.75 feet to a point on the east line of said Subdivision 5390 (243 M 2), said point also being the southeast corner of Lot 3 of said Subdivision 5390 (243 M 2); thence, southerly along the east line of said Subdivision 5390 (243 M 2) 1° 17' 49" West 356.15 feet to a point on the north line of Sycamore Avenue; thence proceeding southerly along the extension of the previous course, South 1° 17' 49" West 24.00 feet to a point on the centerline of said Sycamore Avenue, said centerline also being the south line of Section 1, Township 1 North, Range 3 East, MDB&M; thence easterly along said centerline of Sycamore Avenue, North 89° 15' East 226.50 feet to the northwest corner of Lot 146 as shown on the map of Subdivision Number Four of Brentwood Irrigated Farms, filed September 11, 1917, in Book 16 of Maps, at page 325, Contra Costa County Records; thence southerly along the west line of said Lot 146 of said Subdivision Number Four of Brentwood Irrigated Farms (16 M 325), South 0° 33' 30" West 34 feet to the northeast corner of Parcel "D" as shown on the parcel map filed in Book 9 of Parcel Maps, at page 23, Contra Costa County Records; thence, continuing southerly along the east line of said Parcel "D" (9 PM 23) South 0° 33' 30" West 621.59 feet to the southeast corner thereof; thence westerly along the south line of Parcels "A", "B", "C", and ''D" as shown on said parcel map (9 PM 23) South 89° 40' West 1,298.11 feet to an angle point; thence South 54" 23' West 38.87 feet to the south corner of said Parcel "A" (9 PM 23); thence northerly along the west line of said Parcel "A" (9 PM 23) the following two courses: 1) North 35° 37' West 265.93 feet to an angle point, and 2) North 0° 29' East 426.02 feet to the northwest corner of said Parcel "A" (9 PM 23); thence, continuing northerly North 0° 29' East 34 feet to a point on the centerline of Sycamore Avenue, also being the south line of said Section 1, Township 1 North, Range 3 East, MDB&M; thence, westerly along said section line, South 89° 42' West 365 feet more or less to the Point of Beginning.

EXCEPTING THEREFROM THE FOLLOWING PARCEL:

BEGINNING on the south right-of-way line of Village Drive at the northeast corner of Parcel "A" as shown on the map of MS 71-7, filed September 11, 1970, in Book 14 of Parcel Maps, at page 12, Contra Costa County Records; thence proceeding easterly along the south right-of-way line of Village Drive as shown on the map of Subdivision 4051, Brentwood Villa No. 1, filed August 4, 1971, in Book 139 of Maps, at page 4, Contra Costa County Records, the following three courses: 1) South 89° 28' 14" East 27.00 feet to an angle point, 2) North 1° 19' 46" East 3.10 feet to an angle point, and 3) easterly along the arc of a curve to the left, the center which bears North 5° 21' 33" West, and having a radius of 210 feet, through a central angle of 27° 13' 33", an arc length of 99.79 feet, to the intersection of the said south right-of-way line of Village Drive with the south right-of-way line of Norma Lane; thence southeasterly and easterly along the south right-of-way line of said Norma Lane the following three courses: 1) South 34° 18' 58" East 36.65 feet to a point of curvature, 2) easterly along the arc of a tangent curve to the left, having a radius of 48 feet, through a central angle of 54° 21' 16", an arc length of 45.54 feet, and 3) tangent to the last course, South 88° 40' 14" East 222.19 feet to a point on the east line of Parcel "C" as shown on the said parcel map of MS 71-7 (14 PM 12), said point also being the southeast corner of Lot 69 as shown on the map of said Subdivision 4051 (139 M 4); thence southerly along the east line of said Parcel "C" of said MS 71-1 (14 PM 12) South 1° 22' 21" West 284.35 feet to the southeast corner of said Parcel "C" (14 PM 12); thence westerly along the south line of Parcels "A" and "C' of said parcel map (14 PM 12) North 89° 28' 14" West 597.09 feet to the southwest corner of said Parcel "A" (14 PM 12); thence along the southwest lines of said Parcel "A" (14 PM 12) the following two courses 1) North 1° 19' 46" East 170.33 feet to an angle point, and 2) North 89° 28' 14" West 75.00 feet to the most westerly corner of said Parcel "A" (14 PM 12); thence South 1° 19' 46" West 18.33 feet to the southeast corner of the parcel of land described in the deed to Hoskins, filed in Book 5506 of Official Records, at page 204, Contra Costa County Records; thence North 89° 28' 14" West 65.00 feet to the southwest corner of said Hoskins parcel (5506 OR 204); thence North 1° 19' 46" East 150.00 feet to a point on the south right-of-way line of said Village Drive; thence easterly along the said south right-of-way line of Village Drive, South 89° 28' 14" East 335.00 feet to the Point of Beginning.

Containing approximately 810 acres ±



ADDED AREA:
BEGINNING at the most northerly point of Parcel “A” of map 69 PM 23; thence along the southerly Right-of-Way (R/W) line of the Contra Costa Flood Control Channel (Marsh Creek) (66 LSM 24) (1) North 38° 59’ 47” East 188.45 feet; thence jogging northwesterly North 51°00’ 13” West 2.00 feet; thence northeasterly North 38° 59’ 47” East 614.09 feet; thence, along a curve to the left, having a radius of 358 feet, through a central angle of 44° 56’ 10” and an arc length of 280.77 feet to a Flood Control District (FCD) monument # 70184; thence North 5° 56’ 23” West 616.97 feet to an FCD monument # 70183; thence North 5° 56’23” West 31.84 feet; thence jogging easterly, North 84° 03’ 37 East 2.00 feet; thence along a non-tangent curve, concave to the southeast, having a radius of 240 feet, through a central angle of 25° 32’ 05” and an arc length of 106.96 feet; thence jogging easterly, South 70° 24’ 18” East 6.00 feet; thence, along a non-tangent curve, concave to the southeast, having a radius of 234.00 feet, through a central angle of 74° 25’ 43”, and an arc length of 303.97 feet; thence jogging southerly, South 4° 01’ 25’ West 2.00 feet to an FCD monument # 70182: thence easterly, South 85° 58’ 35” East 246.21 feet to a rebar and cap(LS 4520); thence, continuing to follow the flood control right-of-way easterly according to the North American Title Company legal description #54709-50900534-MEW, Pg. 3, South 85° 49’ 05” East 554.82 feet; thence jogging southerly, South 4° 10’ 05” West 14.00 feet; thence along a non-tangent curve, concave to the northwest, having a radius of 382.00 feet, through a central angle of 63° 57’ 39” and an arc length of 426.44 feet; thence jogging northwesterly, North 59° 47’ 34” West 10.00 feet; thence along a non-tangent curve, concave to the northwest, having a radius of 372.00 feet, through a central angle of 4° 37’ 27” and an arc length of 30.02 feet; thence departing the Flood Control Channel R/W easterly, South 88° 59’ 48” East 422.21 feet; thence southerly, South 1° 00’12” West 435.13 feet to a point marking the Southeast corner of the West one half of the Northeast one quarter of Section 6; thence, referring to 69 PM 23, continue in a southerly direction South 0° 35’ 29” West 1314.31 feet to a three quarters inch(1 inch on ROS 117 LSM 15) iron pipe; thence referring to 117 LSM 15, South 1° 25’ 16” West 1308.53 feet; thence westerly, South 89° 58’ 37” 989.88 feet; thence, South 89° 58’ 37” 1306.42 feet; thence northerly North 1° 12’ 41” East 605.00 feet; thence jogging westerly, South 89° 58’ 37” West 30.00 feet; thence northerly, North 1° 12’ 41” East 556.49 feet to the North corner of Parcel “A”(69 PM 23) as referred to above.

Containing approximately 138 acres ±



Total North Brentwood Redevelopment Original Project Area and Added Area containing an area of 948 acres, more or less.


 

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