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HomeMy WebLinkAbout96-09ORDINANCE NO. 96 -09 ESTABLISHING THE SOUTHERN CONTRA COSTA FEE AREAS AND ADOPTING THE SCC REGIONAL AND SCC SUB-REGIONAL FEES FOR ROAD IMPROVEMENTS The Danville Town Council ordains as follows: SECTION 1. Intent and Purpose. (a) This ordinance provides for the formation of the Southern Contra Costa (SCC) Fee Areas (SCC Regional and SCC Sub-Regional), and the adoption of fees to be collected from developments proposed in the Fee Areas located in the Town of Danville to fund road improvements. (b) This ordinance is enacted, in part, pursuant to Government Code Section 66484 (c) This ordinance was adopted pursuant to the procedure set forth in Government Code Sections 54986, 65091, 66016, 66017 and 66484, and all required notices have been properly given and public hearings held. (d) The purpose of the fees described in this ordinance is to generate funds to finance improvements to certain major thoroughfares in the Southern Contra Costa area. The fees will be used to finance the road improvements listed in the Development Program Report. There is a reasonable relationship between the fees and the types of development projects that are subject to the fees in that the development projects will generate additional traffic on the major thoroughfares in the Southern Contra Costa area, thus creating a need to expand, extend or improve the existing major thoroughfares and a need to construct new major thoroughfares to mitigate adverse traffic and infrastructure impacts that would otherwise result from such development projects. The Southern Contra Costa ("SCC") Fee Areas are development programs designed to improve the capacity and safety of the arterial and regional road network in Southern Contra Costa County through the establishment of a series of traffic mitigation fee ordinances. The SCC Joint Exercise of Powers Agreement ("JEPA") is between Contra Costa County ("County"), the Town of Danville ("Town") and the City of San Ramon ("City") and is an agreement concerning the collection and distribution of these fees. The ordinances apply to the specific areas of Southern Contra Costa County, and is required of all new development. Similar ordinances will or already have been adopted by the County and City. One of the objectives of the Town's General Plan is to relate new development directly to the provision of community facilities necessary to serve that development. In other words, development cannot be allowed to occur unless the funding for the infrastructure necessary to serve that development is assured. The SCC Fee Areas are a means of providing funds to construct road improvements necessary to mitigate the traffic impact generated by potential new development. Requiring all new development pay a road improvement fee will ensure that they participate in the cost of improving the road system in Southern Contra Costa County. The Dougherty Valley Settlement Agreement between the Town, Contra Costa County and the City of San Ramon called for several processes through which development within Dougherty Valley would be governed and the impact of such development would be mitigated. The SCC JEPA establishes one such process, a traffic mitigation fee program to finance road improvements identified in the Settlement Agreement as necessary to mitigate the traffic impact created by development within Dougherty Valley. The Dougherty Valley Fee is one component of the SCC Fees and is assessed to all development that occurs in Dougherty Valley. The total cost of the projects identified in the Settlement Agreement is approximately $36 million. The fair share (as determined by the South County Traffic Study Year 2010 Traffic Impacts for Additional Land Use Alternatives ("South County Traffic Study")) attributable to development within Dougherty Valley is approximately $ 31 million. The remaining unfunded cost of the projects identified in the Settlement Agreement is approximately $5 million. Besides identifying the project cost share attributable to development in Dougherty Valley, the South County Traffic Study also identified the responsibility for new development in the area outside of Dougherty Valley. This share of the funding responsibility, along with the estimates of development potential in the area (regions within the County, Town, and City) determine the SCC Sub-Regional Fee, another component of the SCC Fees. In addition, in 1988, the voters of Contra Costa County passed Measure C, which required Local Agencies to assess a fee on development to fund regional improvements. In 1987, the County, Town, and City entered into the Tassajara JEPA to collect fees (totaling in excess of $15 million) on new development to fund both local and regional road improvements. The final component of the SCC Fees, the SCC Regional Fee is estimated to collect in excess of $11 million dedicated solely to 1-680 improvements in Contra Costa County. The Tri-Valley Transportation Council (TVTC) is meeting to develop a Regional Fee covering a much larger area, including portions of Alameda County. If and when the TVTC Regional Fee is adopted, the SCC Regional Fee would be incorporated into or revised to work in conjunction with the TVTC Regional Fee. SECTION 2. Fee Adoption. The following fees to fund road improvements are adopted for the SCC Fee Areas as established by Resolution 125-96 dated September 17, 1996 and shall apply to certain development as shown in Table 1 on the next page. PAGE 2 ORDINANCE OF NO. 96-09 SCC Sub-Regional Fee TABLE 1 Land. US'e!':'?.. Single Family Residential Other SCC Regional Fee Recommended Fee $2,128 per dwelling unit $2,128 per peak hour trip Land Use Reconmaended Fee Single Family Residential Commercial Office Other $792 per dwelling unit $0.79 per square foot gross floor area $1.27 per square foot gross floor area $792 per peak hour trip SECTION 3. Fee Area. The fee areas shall include all of the Town of Danville within the SCC Fee Areas with the following exceptions: For the SCC Regional Fee Area: 1. Areas in the Tassajara JEPA Fee Area 2. Areas in the Sycamore Valley Assessment District 3. Areas in the Sycamore Valley Benefit District 4. Areas in the Sycamore Valley Density Increase Area For the SCC Sub-Regional Fee Area: 1. Areas in the Town of Danville excluded by definition from the SCC Sub-Regional Fee Area boundary, as shown on Exhibit B 2. Areas within the Sycamore Valley Assessment District, Sycamore Valley Benefit District, Sycamore Valley Density Increase Area and the Tassajara Ranch Assessment District 3. Areas in the Tassajara JEPA Fee Area 4. Any development project within the Sub-Regional Fee Area within the Town of Danville where it can be demonstrated that imposition of the SCC Sub-Regional Fee would not meet the essential nexus or rough proportionality tests applicable to development impact fees and exactions The boundaries of the SCC Fee Areas are established by Resolution No. 125-96 adopted PAGE 3 ORDINANCE OF NO. 96-09 / on September 17, 1996. Attached to this ordinance are the following Exhibits describing those boundaries: Exhibit A, SCC Regional Fee Area; and Exhibit B, SCC Sub-Regional Fee Area. SECTION 4. Senior Housing. Nothing in this Ordinance shall be construed to abridge or modify the Council's discretion, upon proper application for senior housing or congregate care facilities pursuant to Government Code Section 65915, to adjust or waive the fees provided for within this ordinance. SECTION 5. Severability. If any fee or provision of this ordinance is held invalid or unenforceable by a court of competent jurisdiction, that holding shall not affect the validity or enforceability of the remaining fees or provisions, and the Council declares that it would have adopted each part of this ordinance irrespective of the validity of any other part. SECTION 6. Review of Fees. While the SCC Fee Areas are in effect, the project cost estimates shall be reviewed periodically. The fee schedule shall be adjusted on March 1 by the change in the Engineering News-Record Construction Cost Index for the San Francisco Bay Area for the period ending December 31 of the preceding calendar year. SECTION 7. Effective Date. This ordinance shall become effective 60 days after passage. A summary of the ordinance shall be published 5 days prior to adoption and within 15 days of passage with the names of the Council members voting for and against it in the San Ramon Valley Times, a newspaper of general circulation published in this County. The foregoing ordinance was introduced on September 17, 1996 and adopted by the Danville Town Council at a Regular Meeting on October 1, 1996 by the following vote: AYES: Greenberg, NOES: None ABSTAIN: None ABSENT: None Shimansky, Arnerich, Doyle, Waldo ( MAYOR APPROVED AS TO FORM: CITY ATTORNEY ATTEST: CITY CLERK f:Xxplanning\zuspan2\sccjepa2. ord PAGE 4 ORDINANCE OF NO. 96-09 f CLERK'S CERTIFICATE I, Marie Sunseri, City Clerk of the Town of Danville, hereby certify that the foregoing is a true and accurate copy of Ordinance No. 96-09 of said Town and that said Ordinance was published according to law. Dated: City Clerk of the Town of Danville PAGE 5 ORDINANCE OF NO. 96-09 f /- Boundary Description SCC JEPA Regional Fee Area EXHIBIT "A" Real property in Southem Contra Costa County, Califomia, bounded on the south by Alameda County, bounded on the north by the "South Walnut Creek Area of Benefit" adopted December 6, 1994, by Contra Costa County Board of Supervisors' Resolution 94/604, and bounded on the north and west by the "Central County Area of Benefit" adopted June 13, 1995, by Contra Costa Count7 Board of Supervisors' Resolution 95~273 described as follows: Beginning at the intersection of.the west line of Section 23, Township 2 South, Range 1 East, Mount Diablo Meridian with the boundary common to Contra Costa and Alameda Counties; thence from the Point of Beginning, along said County boundary in a general westedy direction 101,550 feet, more or less, to Rancho comer P.C. No. 31 on the boundary of Rancho Laguqa de los Palos Colorados; thence along said Rancho boundary, north 19°28'45" east 3,547.16 feet to Rancho Comer P.C. No. 32 and north 1°13'26" east 929.81 feet to the boundary of the Record of Survey filed June 20, 1980, in Book 67 of Ucensed Surveyors' Maps at page 9; thence along the boundary of said Record of Survey as follows: 1) north 88°52'39" east 513.17 feet, 2) north 0°15'16" west 1,303.04 feet, 3) north 88°43'10" east 1,290.34 feet, and 4) north 0~27'37" west 1,306.53 feet to the northwest comer of Section 28, Township 1 South, Range 2 West, Mount Diablo Meridian; thence along the north lines of Sections 28, 27 and 26 (T1S, R2W), easterly 15,840 feet, more or less, to the west line of Section 25 (T1S, R2W); thence along said west line, southerly 2,640 feet, more or less, to the west quarter comer of said Section 25; thence south 88~43'05" east 1,063.84 feet to the northwest comer of Subdivision MS 28-82 filed November 21, 1983, in Book 108 of Parcel Maps at page 11; thence along the north line of Subdivision MS 28-82, south 88 °47'23" east 1,062.06 feet to the northwest comer of Subdivision MS 53-81 filed March 28, 1985, in Book 115 of Parcel Maps at page 14; thence along the north line of SubdMsion MS 53-81, south 88°43'43" east 3,035.66 feet to the east line of said Section 25 (T1S, R2W); thence along said east line, northerly 2,640 feet, more or less, to the northeast comer of Section 25, said point lying-on the southerly boundary of the parcel of !and descn'bed as PARCEL FIVE in the deed to East Bay Regional Park District recorded Apdl 4, 1974, in Book 7189 of Official Records at page'183; thence along said boundary, in a general northerly direction 2,325.7 feet to the east line of the Parcel of land described as PARCEL ONE in the deed to the United States of America recorded July 29, 1980, in Book 9930 of Official Records at page 913; thence along said east line, in a general northwesterly direction 192.27 feet to an angle point on the boundary of said East Bay Regional Park District PARCEL FIVE (7189 O.R. 183); thence along said boundary, in a general northwesterly direction 1207.59 feet to the northeast comer thereof, said point being the southeast comer of the parcel of land described as PARCEL TWO in said deed to the East Bay Regional Park District (7189 O.R. 183); thence along the northeast line of PARCEL TWO (7189 O.R. 183), said line also being the boundary of Rancho San Ramon, northwesterly 4,840 feet, more or less, to the most easterly comer of Subdivision MS 150-75 filed June 14, 1976, in Book 45 of Parcel Maps at page 41; thence along the boundary of said Subdivision MS 150-75 as follows: 1) south 63016' west 193.73 feet, 2) south 76018'50" west 481.39 feet, 3) north 84°17' west 2,622.91 feet, and 4) north 0 °39'40" west 1,233.72 feet to the northwest comer of said Subdivision MS 150-75, said point Exhibit A- of Ordinance No. 96-09 lying on the south line of Subdivision 6419 filed July 28, 1988, in Book 323 of Maps at page 39; thence along said south line, north 84°47'44" west 1,353.46 feet to the'southwest comer of said Subdivision 6419, said point lying on the centerline of Section 14, Township 1 South, Range 2 West, Mount Diablo Meridian; thence along said centerline of Section 14 and the centerline of Section 11 (1'1S, R2.W), northerly 6,663.66 feet to the southwest comer of the parcel of land described in the deed to David L Gates, et ux, recorded April 9, 1981, in Book 10275 of Official Records at page 438; thence along the south line of said Gates parcel (10275 O.R. 438) easterly 300 feet to the most southeast comer thereof, said point lying on the boundary of Subdivision MS 58-75 recorded October 26, 1978, in Book 71 of Parcel Maps at page 23; thence along the boundary of said Subdivision MS 58-75 (71 PM 23) as follows: 1) north 87°05'11" east 274.17 feet, '2) in a general northerly direction 3,354.5 feet to the northeast comer thereof, 3) north 89°12'12" west 176.01 feet, and 4) south 0°36' west 41.92 feet to the southeast comer of Subdivision MS 133-72 filed September 7, 1972, in Book 24 of Parcel Maps at page 9; thence along the south line of Subdivision MS 133-72, south 89°12'36" west 259.78 feet to the Centerline of Castle Hill Ranch Road (a private mad); thence along said centerline in a general northerly direction, 907 feet, more or less to the northeast comer of Lot 'B' as shown on the Record of Survey filed May 13, 1984, in Book 74 of Licensed Surveyors' Maps at page 12, sa'a:l point being the most southern comer of the said 'South Walnut Creek Area of Benefit" (Res. 94/604); thence along the boundary of said 'South Walnut Creek Area of Benefit," in a general northerly and easterly direction, 6,275 feet, more or less, to the most eastern comer thereof, said point being the intersection of the centerline of Crest Avenue with the extended west right of way line of South Main Street; thence along said extension and west right of way line in a general southerly direction 565 feet, more or less, to the southeast comer of Subdivision MS 114-75 filed October 20, 1976 in Book 49 of Parcel Maps at page .19; thence along the arc of a non-tangent curve concave to the northwesthaving a radius of 1,096 feet on the northwest line of the Southern Pacific Railroad right of way, northeasterly 52 feet, more or less, to the most western comer of Assessor Parcel Number (hereinafter referred to as APN) 183- 093-031 described as PARCEL THIRTY-ONE in the deed to Contra Costa County recorded December 9, 1985 in Book 12652 of Official Records at page 570; thence non-tangent along the southwest line thereof, crossing Engineer's Station 603+65, southeasterly 110 feet, more or less, to the southeast line of said County parcel, being a non-tangent curve concave to the northwest having a radius of 1,196 feet and being concentric with said northwest line; thence along the arc of said curve, northeasterly 52 feet, more or less, to the southwest line of APN 183-093-023 described in the dccd to East Bay Municipal Utility District (hereinafter referred to as EBMUD) recorded January 5, 1968 in Book 5530 of Official Records at page 93; thence-along said southwest line, south 22"53'01" east 33.76 feet; thence crossing Rudgear Road, southeasterly 245 feet, more or less, to the northwest comer of APN 187-040-007 described as PARCEL 11 in the dccd to Contra Costa County Flood Control and Water Conservation District recorded December ' 20, 1967 in Book 5520 of Official Records at page 451; thence along the boundary of PARCEL 11, in a general southeasterly direction 1,036.02 feet and north 64°16'18" east 239.65 feet, to the most eastern comer thereof on the west right of way line of Interstate Freeway 680; thence along said west line in a general southeasterly direction 836 feet, more or less, to the boundary of APN 187- 050-011 and 012 described as Parcel 1 in the deed to Edward Johannessen and Juliet Johannessen 1987 Revocable Living Trust recorded March 22, 1988 in Book 14228 of Official Records at page 211; thence along said boundary as follows: 1) south 63°37'38" west 44.33 feet, 2) south 23015'36" east 359.22 feet, 3) north 64°03'39" east 14.72 feet, 4) south 23015'36" east 144.57 feet, 5) south 45°21'24" west 36.15 feet, 6) south 55°15'24" west 108.21 feet, 7) south 32°31'24" west 152.34 feet, 8) south 12004'24" west 20.34 feet, 9) south 33°09'41" east 465.15 2 f feet, 10) north 35°52'50" east 129.8 feet, 11) south 29°21'32" east 64.96 feet, and 12) south 69°09'52" east 54.67 feet, to the most southeastern comer thereof on the west right of way line of Interstate Freeway 680; thence along said west line in a general southeasterly direction 1,209.59 feet; thence crossing said freeway, north 53 °47'20" east 290 feet, more or less, to the east right of way line thereof; thence along said east line in a general southeasterly direction 2,259.08 feet to the west line of Subdivision 6468 recorded January 8, 1982 in Book 286 of Maps at page 41; thence along said west line in a general northerly direction 828.77 feet to the south line of APN 187-160-013 described as Parcel Three in the deed to the City of Walnut Creek recorded July 5, 1984 in Book 11867 of Official Records at page 965; thence along said south line and the south line of Subdivision 4810 filed September 23, 1976 in Book 189 of Maps at page 48, south 89°43'18" east 944.73 feet, to the southwest comer of Subdivision 3037 recorded June 25, 1964 in Book 99 of Maps at page 30; thence along lot lines of Subdivision 3037, south 89°43'18" east 933.43 feet, south 6°19'31" east 712.51 feet and along the north right of way line of Livoma Road, north 72°23'20" east 145.74 feet;, thence crossing Trotter Way, north 72°23~0" east 100 feet, more or less, to the south line of Lot 131 (99 M 30); thence continuing along lot lines of Subdivision 3037 as follows: 1) along the north right of way line of Livoma Road, north 72°23~0" east 272.09 feet, 2) north 1 °36'23" east 275.72 feet, 3) south 88°23'37"" east 149.23 feet 4) south 1 °36'23" west 223.71 feet, and 5) along the north right of way line of Livoma Road in a general easterly direction 79.27 feet, to the east boundary of Subdivision 3037; thence along said boundary in a general northerly direction 1,532.28 feet to the northeast comer thereof, also being the southeast comer of Subdivision 3827 recorded June 11, 1969 in Book 126 of Maps at page 38; thence along the east line of Subdivision 3827, north 1731'55" east 942.5 feet, to the southwest comer of Subdivision 5366 recorded March 25, 1980 in Book 236 of Maps at page 7; thence along the boundary of Subdivision 5366 in a general easterly direction 400.83 feet to the southeast comer thereof on the boundary of Subdivision 5931 recorded June 29, 1983 in Book 271 of Maps at page 21; thence along the boundary of Subdivision 5931, in a general southeasterly direction 105.63 feet along Livoma Heights Road right of way line and south 55°22'55" east 537 feet, to the southeast comer of Subdivision 5931 on the west line of Subdivision 4402 recorded December 27, 1974 in Book 175 of Maps at page 25; thence along said west line, south 1 °32'10" west 1063.35 feet to the northwest comer of Subdivision 3973 recorded August 18, 1972 in Book 149 of Maps at page 20; thence along the west line of Subdivision 3973 and its southern prolongation, south 1 °32'10" west 967.1 feet, to the centerline of Livoma Road; thence along said centerline in a general easterly direction 890.41 feet to the southern prolongation of the east line of Subdivision 3973; thence along said prolongation and east line, north 1 °44~5" east 1,057.06 feet, to the southeast comer of Subdivision 4402 (175M 25); thence continuing north 1 °44'25" east 1,527.78 feet to the northeast corner of Subdivision 4402 on the boundary of Subdivision 4924 recorded May 18, 1977 in Book 196 of Maps at page 28; thence along said boundary in a general southeasterly direction 2,879.25 feet to the southeast comer thereof on the boundary of Subdivision 6743 filed June 9, 1987 in Book 313 of Maps at page 28; thence along said boundary, north 21°53'15" west 3,423.26 feet, north 73 °16'01" east 4,566.44 feet, and south 13°51'48" east 5,687.22 feet, to the most southem comer thereof on the southline of Rancho San Miguel and the Record of Survey filed August 27, 1970 in Book 53 of Licensed Surveyors' Maps at page 13; thence along said south line, south 76°53'13" east 1,445.41 feet, to the most southern corner of said Record of Survey (53 LSM 13) on the boundary of that 787.58 acre parcel shown on the Record of Survey flied June 22, 1960, in Book 18 of Licensed Surveyors' Maps at page 39; thence along the boundary of said parcel (18 LSM 39), south 6008'40" east 2,389.28 feet and north 87o52'06" east 9,881.20 feet to the southeast corner thereof on the northwest line of Lot D, Rancho San Miguel Robed Allen Tract; thence along said northwest line, northeasterly 3,100 feet, more or less, to the centerline of Mount Diablo Scenic Boulevard (North Gate Road); thence along said centedine in a general eastedy direction 12,400 feet, more or less, to the centerline intersection of Summit Road; thence along the centerline of Mount Diablo Scenic Boulevard (South Gate Road) in a general southerly direction 6,700 feet, more or less, to the south line of Section 12 Township 1 South, Range 1 West, Mount Diablo Meridian; thence along said south line, easterly 4,400 feet, to the northwest comer of Section 18, Township I South, Range 1 East, Mount Diablo Meddian; thence along the west line of said Section 18 (T1S, R1E) southerly 5,280 feet, more or less, to the southwest comer thereof; thence along the south line of Sections 18, 17 and 16, Township 1 South, Range 1 East, Mount Diablo Meridian, eastedy 15,840 feet, more or less, to the northwest comer of Section 22, Township I South, Range 1 .East, .Mount Diablo Meridian, thence along the west line of said Section 22 (T1S, R1E), southerly 5,280 fcet, more or less, to the southwest comer thereof;, thence along the south line of Sections 22 and 23 ('1'1S, R1E), easterly 10,560 feet, more or less, to the northeast comer of Section 26 (T1S, R1E'); thence, along the east line of Sections 26 and 35 (T1S, R1E), southerly 10,560 feet, more or less to the northeast comer of Section 2, Township 2 South, Range 1 East, Mount Diablo Meridian; thence along the east line of Sections 2 and 11 (T2S, R1E), southerly 10,560 feet, more or less, to the northeast comer of Section 14, Township 2 South, Range 1 East, Mount Diablo Meridian; thence along the north line of said Section 14, (T2S, RIE), westerly 2,640 feet, more or less, to the northeast comer of Parcel 'D' of Subdivision MS 80-85 filed May 14, 1987, in Book 127 of Parcel Maps at page 32; thence along the east line of said Parcel 'D' and its southerly prolongation, southerly 6,250 feet, more or less, to a point on the said boundary common to Contra Costa and Alameda Counties; thence along said County boundary in a general westedy direction 2,800 feet, more or less, to the Point of Beginning. JH:jlg g:~.lerica~xhibits~southern.ccc 6/19~96 4 Boundary Description SCC JEPA Sub-Regional Fee Area EXHIBIT "B" Real property in Southern Contra Costa County, California, described as follows: References to maps, boundary lines, and ownerships are to records of said County. Beginning at the intersection of the west line of Section 23, Township 2 South, Range 1 East, Mount Diablo Meridian with the boundary common to Contra Costa and Alameda Counties; thence - from the Point of Beginning, along said County boundary in a general westerly direction 85,500 feet, more or less, to the intersection with the west line of Section 35, Township I South, Range 2 West, Mount Diablo Meridian; thence along the west line of Sections 35, 26 and 23 (TlS, R2.W) northerly 10,646 feet, more or less, to the west quarter comer of said Section 23 (7'18, R2VV); thence along the mid-section line of Sections 23 and 24 easterly 10,060 feet, more or less, to the northeast corner of PARCEL FIVE described in the deed to East Bay Regional Park District (hereinafter referred to as EBRPD) recorded April 4, 1974, in Book 7189 of Official Records at page 183; thence along the easterly boundary of said PARCEL FIVE in a general southeasterly direction 1,218.70 feet to the northeast comer of PARCEL ONE described in the deed to the United States of America recorded July 29, 1980, in Book 9930 of Official Records at page 913; thence along said east line in a general southeasterly direction 192.27 feet to an angle point on the boundary of said PARCEL FIVE (7189 O.R. 183); thence along said boundary in a general southerly direction 2,325.7 feet to the northeast comer of Section 25, Township 1 South, Range 2 West, Mount Diablo Meridian; thence along the east line of said Section 25 (TIS, R2.W) southerly 4,442 feet, more or less, to the northwest comer of Parcel 'D' of Subdivision MS 301-77 filed May 24, 1978, in Book 66 of Parcel Maps at page 15; thence, along the north boundary of said Subdivision MS 301-77, south 89°58'27" east 3,009.88 feet to a point on the boundary of Parcel 'A' of Subdivision MS 853-91 filed April 28, 1995, in Book 166 of Parcel Maps at page 28; thence along the boundary of Subdivision MS 893-91 the following courses: 1) south 24°33'00" east 150.23 feet, 2) south 59°42'00" west 136.11 feet, 3) north 32°38'30" west 6.36 feet, 4) south 53°39'00" west 27.09 feet, 5) south 32°08'00" east 28.00 feet, 6) north 56°20'30" east 27.29 feet, 7) north 32°38'30" west 18.88 feet, 8) north 59"4Z00"east 135.55 feet, 9) south 24°30'00" east 23.58 feet, 10) south 36~30'08" east 66.53 feel; 11) south 89°12'02" east 2,076.95 feet, 12) north 9°44'32" east 207.43 feet to the most eastern corner of Parcel 'D' of said Subdivision, said point being the most southern comer of Parcel 'D' of Subdivision MS 167-79 filed September 17, 1981, in Book 97 of Parcel Maps at page 35; thence, along the boundary of said Parcel 'D" (97 PM 35), north 9°44'32" east 200.27 feet; thence north 48°50'52" east 100.00 feet; thence, leaving the boundary of said Parcel 'D", north 48°50'52" east 117.98 feet; thence north 64°00'25" east 317.08 feet to the southwest comer of Lot 10 of Subdivision 3457 filed September 23, 1965, in Book 107 of Maps at page 30; thence southerly 672.69 feet, more or less, to the northwest corner of Parcel A of Subdivision 6098 filed May 11, 1984, in Book 279 of Maps at page 3; thence along the west line of said Parcel A southerly 823.34 feet, more or less, to the intersection with the west boundary line of the Rancho San Ramon; thence, southerly, along the west line of Section 32. Township 1 South, Range 1 West, Mount Diablo Meridian, 2,040 feet, more or less, to the West one quarter corner of said Section 32 (T1S, RIW); thence, along the center of said Section 32 and its easterly prolongation, in a general easterly direction, 3,750 feet, more or less, to the southwest corner of Lot 8 of Subdivision 3280 filed October 14, 1965, in Book 107 of Maps at page 43; thence, along Exhibit B- of Ordinance No. 96-09 the south line of said Subdivision 3280 (107 M 43), in a general easterly direction, 380.89 feet to the southwest comer of Lot 15 of Subdivision 2990 filed May 23, 1962, in Book 87 of Maps at page 27; thence, along the south line of said Subdivision 2990 (87 M 27), in a general easterly direction, 344.09 feet to the southwest comer of Subdivision 5312 filed September 26, 1978, in Book 217 of maps at page 23; thence along the south line of said Subdivision 5312 (217 M 23), and its easterly prolongation, in a general easterly direction, 400 feet, more or less, to the control line of Interstate Highway 680; thence, along said control line of Interstate Highway 680, in a general northerly direction 5,604 feet, more or less, to the intersection with the westerly prolongation of the north line of Subdivision 4771 filed May 13, 1976, in Book 184 of Maps at page 21; thence along said westerly prolongation and north line of Subdivision 4771, south 89°00'57" east 352 feet, more or less, to the northwest comer of Lot 22 of Subdivision 3325 filed August 25, 1964, in Book -100 of Maps at page 37; thence along the north line of said Subdivision 3325 south 89°00'57" east 903.64 feet to the northeast comer of said Subdivision 3325; thence continuing in a general easterly direction, along the prolongation of the north line of said Subdivision 3325 (100 M 37) 462 feet, more or less, to the northwest comer of Lot 28 of Subdivision 4841 filed November 8, 1976, in Book 191 of Maps at page 16; thence along the north line of said Subdivision 4841 in a general easterly direction 1,152.20 feet, more or less, to the northwest comer of Lot 38 of Subdivision 3572 filed July 27, 1966, in Book 112 of maps at page 12; thence along the north boundary of said Subdivision 3572 in a general northeasterly direction 2,674.66 feet, more or less, to the northwest comer of Lot 58 of said Subdivision 3572 (112 M 12), said point being the southwest comer of Lot 53 of Subdivision 3714 filed August 6, 1969, in Book 127 of Maps at page 34; thence along the west line of Lots 53 and 52 and the northerly prolongation thereof north 7°15'12" west 255.08 feet to the intersection with the monument line of Thomhill Road as shown on said map (127 M 34); thence along said monument line of Thomhill Road south 71°04°58" east 157.21 feet to the intersection with the monument line of Old Orchard Drive as shown on said map (127 M 34); thence along said monument line of Old Orchard Drive north 6°00'00" west 175.85 feet and north 10°02'55" east 148.10 feet to the intersection with the monument line of Camino Tassajara Road as shown on said map (127 M 34); thence along said monument line of Camino Tassajara Road south 79°57'05" east 407.58 feet to a standard county monument; thence from said monument continuing along the monument line of Camino Tassajara Road, along the arc of a tangent curve, concave to the south, having a radius of 1,000.00 feet, through a central angle of 2°12'18", a distance of 38.48 feet to the intersection with the southerly prolongation of the east line of Lot 65 of Subdivision 6751 filed November 21, 1986, in Book 309 of Maps at page 16; thence along last said line, north 17°35'32" east 64.63 feet to the southeast comer of said Lot 65 (309 M 16); thence, along ~ east line of Lots 65, 66, 67, 68 and 69 of said Subdivision 6751 (309 M 16); in a general northerly direction 568.83 feet to the northeast comer of said Lot 69 (309 M 16), said point lying on the boundary of Parcel 'H' of Subdivision 6516 filed November 21, 1986, in Book 309 of Maps at page 8; thence along the boundary of said Parcel 'H' north 84°52'20" west 127.64 feet; thence north 12°30'07" east 170.57 feet to a point on the boundary of Parcel 'K-l" shown on said map (309 M 16); thence along the boundary of said Parcel 'K-l", north 77°29'53" west 14.00 feet; thence north 12°30'07" east 513.55 feet to the northwest comer of Subdivision 6516 (309 M 16); thence along the northerly boundary of Subdivision 6516 in a general easterly direction 4,297.81 feet to the northeast comer thereof, said point being the south one-quarter corner of Section 22, Township 1 South, Range 1 West, Mount Diablo Meridian; thence continuin0 easterly along the soutll line of said Section 22 {T1S, R1W), 2,633.40 feet, more or less, to the southeast comer of said Section 22, said point being the northwest corner of Parcel "J" of Subdivision 7058 filed October 10, 1989, in Book 338 of Maps at page 19; thence along the west line of said Parcel "J" southerly 2,666.16 feet to the southwest comer of said Parcel "J"; thence along the south boundary 2 o '~ / f of said Subdivision 7058 (338 M 19) in a general easterly direction 5,847.38 feet, more or less, to the southeast comer of said Subdivision 7058, said point being the west one-quarter corner of Section 25, Township 1 South, Range 1 West, Mount Diablo Meridian, said point also being the southwest corner of Lot 48 of Subdivision 5024 filed July 12, 1978 in Book 214 of Maps at page 8; thence along the south line of said Subdivision 5024 easterly 1,290.35 feet to the southeast comer thereof, said point being the southwest corner of Parcel "A" of Subdivision 5437 filed July 26, 1979, in Book 227 of Maps at page 1; thence along the southerly line of said Parcel "A" and its easterly prolongation, easterly 2,152.42 feet to a railroad spike on the monument line of Blackhawk Road as shown on said map (214 M 8); thence along said monument line of Blackhawk Road, in a general northwesterly direction 4,181.97 feet, more or less, to the intersection with the southwesterly prolongation of the northwest line of Parcel 'C" of Subdivision 5438 filed August 14, 1979, in Book 228 of Maps at page 11; thence along said southwesterly prolongation and northwest line of Parcel "C' north 35°30'00" east 1,448.36 feet; thence, continuing along the boundary of said Parcel "C" (228 M 11), the following courses: 1) south 71 °30'00" east 137.22 feet, 2) north 1 °00'00" east 250.00 feet, 3) south 68°00'00" east 581.79 feet 4) east 1,277.80 feet to the northeast comer of said Parcel 'C' (228 M 11), said point being the southeast comer of the parcel of land shown on the Record of Survey RS 2119 filed March 16, 1995, in Book 107 of Licensed Surveyors' Maps at page 25; thence along the east line of said parcel (107 LSM 25) north 0°00'33" east 549.72 feet to a point on the southerly line of Parcel 'A" of Subdivision MS 174-76 filed April 28, 1977, in Book 54 of Parcel Maps at page 30; thence, along the southerly line of said Parcel "A" south 89°53'11" west 1,305.04 feet to the southwest comer of said Parcel 'A'; thence along the west line of said Parcel 'A' north 0~29'03" east 3,295.71 feet to a point on the south line of Section 13, Township 1 South, Range 1 West, Mount Diablo Meridian; thence along the south line of said Section 13 (T1S, R1W) easterly 2,681.87 feet to the southwest comer of Section 18, Township 1 South, Range 1 East, Mount Diablo Meridian; thence along the south line of Sections 18, 17 and 16, Township 1 South, Range 1 East, Mount Diablo Meridian, easterly 15,840 feet, more or less to the northwest corner of Section 22, Township 1 South, Range 1 East, Mount Diablo Meridian; thence along the west line of said Section 22 (TIS, R1E), southerly 5,280 feet, more or less, to the southwest corner thereof; thence along the south line'of Sections 22 and 23, Township 1 South, Range 1 East, Mount Diablo Meridian, easterly 10,560 feet, more or less, to the northeast corner of Section 26, Township 1 South, Range 1 East, Mount Diablo Meridian; thence, along the east line of Sections 26 and 35, Township 1 South, Range 1 East, Mount Diablo Meridian, southerly 10,560 feet, more or less, to the northeast comer of Section 2, Township 2 South, Range 1 East, Mount Diablo Meridian; thence along the east line of Sections 2 and 11, Township 2 South, Range 1 East, Mount Diablo Meridian, southerly 10,560 feet, more or less, to the northeast corner of Section 14, Township 2 South, Range 1 East, Mount Diablo Meridian; thence along the north line of said Section 14 (T2S, R1E), westerly 2,640 feet, more or less, to the northeast corner of Parcel "D" of Subdivision MS 80-85 filed May 14, 1987, in Book 127 of Parcel Maps at page 32; thence along the east line of said Parcel "D" and its southerly prolongation, southerly 6,250 feet, more or less, to a point on the said boundary common to Contra Costa and Alameda counties; thence, along said County boundary in a general westerly diredion 2,800 feet, more or less, to the Point of Beginning. 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