Attachment A - Easement Agreement between Geodon (the Emery Cove Marina predecessor) and the City of Emeryville

kecording Requested by:

CIT1 OF FMERYVILLE
When recorded, mall to:

CITY OF EMERYVILLE
c/o GOLDFARB & LIPMAN
1333 Broadway, Suite 825
Oakland, CA 94612
AGREEMENT RE: EMERY BAY

COVE MARINA
AGREEMENT made this / ----- day of A//L,1 c.. ,. 1!:l81, by and between the GEODON, INC., a California corporation, located at 22160 Redwood Road, Castro Valley, California, hereinafter called "CORPORATION", and the CITY OF EMERYVILLE, a municipal corporation, located at 2449 Powell Street, Emeryville, California, hereinafter called "CITY".

WHEREAS, CORPORATION owns certain property in the City
of Emeryville which CORPORATION is desirous of developing for the purpose of operating and maintaining a small boat marina; WHEREAS, CITY is desirous of having a small boat marina in the City of Emeryville on that portion of CORPORATION'S property that is depicted in the Master Development Plan; and WHEREAS, the parties desire to clarify their respective rights, duties and uses with respect to the real property owned or held by each in the Emery Bay Cove Marina;
NOW THEREFORE, in consideration of the mutual promises
and covenants contained herein, the parties hereto do herby agree as follows:

Exhibit A
I. CORPORATION GRANT OF EASEMENT TO CITY
Section 1.01 Grant of Easement. CORPORATION hereby
grants to CITY a permanent easement in gross to that certain real property owned by CORPORATION and commonly known as the Interior Channel, as shown in Exhibit "A" attached hereto and incorporated fully herein and more particularly described as follows:

REAL PROPERTY IN THE STA'.I.'E OP CALIFORNIA, COUNTY OF

ALAMEDA, CITY OF EMERYVILLE, A PORTION OF THE LAND SHOWN ON RECORD OF SURVEY 412, RECORDED IN BOOK 7 OF RECORDED SURVEYS AT PAGE 96 IN THE OFFICIAL RECORDS OF THE ABOVE

COUNTY AND STATE, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:

BEGINNING AT THE INTERSEC'l'ION OF THE NORTHERLY LINE OF POWELL STREET WITH THE WESTERLY LINE OF MAP NUMBER 4 OF

SALT MARSH AND TIDELANDS, AS SHOWN ON SAID RECORD OF
SURVEY; THENCE N 26-12-05 E ALONG SAID WESTERLY LINE
425.00 FEET TO THE ACTUAL POINT OF BEGIN-NING; THENCE N 26-12-05 E CONTINUING ALONG SAID LINE 1183.88 FEET TO
THE NORTHEASTERLY LINE OF PARCEL 2 AS DESCRIBED IN A
DEED FROM HEITMAN MORTGAGE INVESTORS TO GEODON INC.

RECORDED ON OCTOBER, 22 1979 UNDER SERIES NUMBER
79-211640 AT THE RECORDER'S OFFICE OF THE ABOVE COUNTY
AND STATE: THENCE S 74-14-08 E ALONG SAID LINE 81.35

FEET TO THE INTERSECTION OF SAID LINE WITH A LINE DRAWN

Section 1.02 Description of Easement~
Non-Exclusivity.

The easement granted hereinabove by CORPORATION is a
right of ingress and egress. Said easement is not exclusive; it shall also be possessed by CORPORATION and may be granted to third parties as well as CITY. CORPORATION retains all rights of ownership and use of said Interior Channel.

Section 1.03 Execution of Grant of Easement.

CORPORATION and CITY shall execute a Grant of Easement, in recordable form, which Grant of Easement shall be recorded with the Office of the Recorder of the County of Alameda, California. -2-
II. CHANNEL IMPROVEMENTS AND MAINTENANCE.

Section 2.01 Improvements To Access Channel. The
parties agree that the existing Access Channel shall be re-routed and lengthened according to drawings and specifications prepared by CITY and approved by CORPORATION. Upon completion, the Access Channel shall be described as shown in Exhibit "B", attached hereto and incorporated fully herein.

On behalf of both parties, CITY shall elicit bids for
the construction of the improvements and shall oversee the construction to completion. Such improvements shall includer but not be limited to, lengthening of the existing longer arm of the Access Channel, the addition of at least seven (7) new piles, dredging of the Access Channel and the addition of pile lights as needed. All costs incurred in the construction of the
above-mentioned improvements shall be borne equally by CORPORATION and CITY.

Section 2.02 Maintenance of Channels. The parties
agree to cooperate with each other in good faith in order to maintain the above-described Interior Channel and Access Channel in good working condition. Maintenance shall include, but not be limited to, dredging of the said channels.
(a) Dredging. The channels shall be maintained so that
the bottom of each has a minimum eighty (80) foot wide path at a minimum depth of eight (8) feet below Mean Lower Low Water (MLLW).

At such time as the channels do not meet these minimum standards, the parties shall dredge the channels, or portions thereof, to such depth and width as is necessary and appropriate to maintain the above minimum standards. The final determination of the -3-
necesssity of dredging shall be in the discretion of CITY using the above minimum standards as a guideline rather than an absolute. At such time or times as CITY determines that dredging is necessary, each party agrees to pay fifty percent (50%) of the actual cost of such dredging.

III. CITY GRANT OF EASEMENT TO CORPORATION.

Section 3.01. Grant of Easement; Description.

CITY hereby grants to CORPORATION a permanent easement
in gross to that certain real property (hereinafter "Property") owned by CITY shown in Exhibit "C", attached hereto and incorporated fully herein and more particularly described as follows:

REAL PROPERTY IN THE STATE OF CALIFORNIA, COUNTY OF

ALAMEDA, CITY OF EMERYVILLE, A PORTION OF POWELL STREET AS SHOWN ON RECORD OF SURVEY NUMBER 412, RECORDED IN
BOOK 7 OF RECORDED SURVEYS AT PAGE 96, OFFICIAL RECORDS

OF THE ABOVE COUNTY AND STATE, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF
POWELL STREET WITH THE WESTERLY LINE OF' MAP NUMBER 4 OF

SALT MARSH AND TIDELANDS, BOTH AS SHOWN ON SAID RECORD
OF SURVEY; THENCE S 26-12-05 W ALONG SAID WESTERLY LINE

1.50 FEET TO A NONTANGENT CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 185.83 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20-27-29 A
DISTANCE OF 66.35 FEET; THENCE N 89-30-17 E, 260.00 FEET

TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST
WITH A RADIUS OF 429.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 10-23-20 A
DISTANCE OF 77.79 FEET; THENCE S 80-06-23 E, 87.00 FEET

TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST
WITH A RADIUS OF 264.11 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 08-15-03 A
DISTANCE OF 38.03 FEET; THENCE S 88-21-26 E, 61.00 FEET; THENCE N 89-56-44 E, 818.10 FEET; THENCE NORTH, 37.69
FEET TO THE NORTHERLY LINE OF POWELL STREET; THENCE S
89-56-4 4 W, 1404. 39 F.EET TO THE POINT OF BEGINNING.

BEING 0.941 ACRES MORE OR LESS.
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Section 3.02 Purpose.

CITY grants said easement to CORPORATION for the sole
purpose of the construction and maintenance by CORPORATION of an off-street parking area and landscaping thereon, in accordance with the Resolutions and Ordinance passed by the City Planning Commission, the City Council and the Redevelopment Agency.

Section 3.03 Exclusiveness of Easement.

The easement granted herein by CITY is exclusive to
CORPORATION and may be extinguished only by an abandonment by CORPORATION or a Quitclaim and Release of Easement by CORPORATION, recorded in the County of Alameda.

Section 3.04 Execution of Grant of Easement.

CORPORATION and CITY shall execute a Grant of Easement, in recordable form, which Grant of Easement shall be recorded with the Office of the Recorder of the County of Alameda, California.

IV. CONSTRUCTION AND MAINTENANCE OF PARKING AREA BY CORPORATION Section 4.01 Construction of Improvements.

CORPORATION, at its sole cost and expense shall make all needed improvements, additions, and modifications to the Property in order to effect CORPORATION'S stated purpose of using the Property as a parking area. CORPORATION shall provide CITY with construction plans which shall detail the improvements and additions to be constructed on the Property.

Section 4.02 Landscaping.

CORPORATION, at its sole cost and expense, shall
landscape the Property, which landscaping has been approved by the City Planning Commission, Resolution PC 79-7 and the City Council, Resolution No. 79-235.
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Section 4.03 Maintenance and Repair.

CORPORATION shall maintain, at its sole cost and
expense, all improvements constructed on the Property and landscaping thereon and shall keep same in a good state of appearance and repair, reasonable wear and tear excepted.

Section 4.04 Ownership of Improvements and Landscaping.

In the event of an abandonment or termination of this
easement, all improvements, additions and landscaping shall be and remain the property of CITY.

Section 4.05 Fixtures.

CORPORATION shall have the right to install any fixtures on the Property at any time. Said fixtures shall be and remain the property of CITY and it shall have the right to remove said fixtures upon abandonment or termination of the easement.

Section 4.06 Hold Harmless.

If, through negligent acts or omissions by CORPORATION
or its construction contractor, any other contractor or any subcontractor shall suffer loss or damage on the work, CORPORATION or it~ construction contractor shall settle with such other contractor or subcontractor by agreement, if such other contractor or subcontractor will so settle. If such other contractor or subcontractor shall assess any claim against CITY on account of any damage alleged to have been so sustained, CITY shall notify CORPORATION and its contruction contractor who shall defend at their own expense any suit based upon such claim, and if any judgment or claim against CITY shall be allowed, CORPORATION and its construction contractor shall pay or satisfy such judgment. -6-
In addition, CORPORATION shall defend CITY against any
claims or litigation of any nature whatsoever brought by third parties and directly arising from CORPORATION'S negligent performance of its obligations under this Agreement, and in the event of settlement, compromise or judgment, hold CITY free and harmless therefrom.

Section 4.07 Mechanic's Liens.

CORPORATION shall take all reasonable steps to insure
that no mechanic's or materialrnan's liens be filed against the record title of the Property.

Section 4.08c Liability Insurance. CORPORATION shall
at CORPORATION's own cost and expense, secure pr.omptly and maintain after execution of this Agreement a broad form comprehensive coverage policy of liability insurance issued by an insurance company acceptable to CITY and authorized to issue liability insurance in California insuring CORPORATION and CITY against loss or liability caused by or connected with
CORPORATION'S use of said Property, in amounts not less than:
(1.) $500,000 for injury to or death of one person
and, subject to such limitation for the injury or death of one person, of not less than $1,000,000 for injury to or death of two or more persons as a result of any one
accident or incident; and
(2.) $100,000 for damage to or destruction of any
property of others.
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V. DECLARATION OF RESTRICTIONS
Section 5.01 De scription of property. CORPORATION is
the owner of certain real property in the State of California, County of Alameda, City of Emeryville, to wit, a portion of lots 30, 31 and 32, section 16, T. 1S., R. 4W., Mount Diablo Meridian, "Map No. 4 of Salt Marsh and Tidelands," as shown in Exhibit "D", attached hereto and incorporated fully herein and more
particularly described as follows:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 30; THENCE

FROM SAID POINT OF BEGINNING ALONG THE NORTHERLY LINE OF LOTS 30 AND 31, NORTH 89-57-05 EAST, 1321.46 FEET TO THE NORTHWEST CORNER OF SAID LOT 32; THENCE ALONG THE
NORTHERLY LINE OF LOT 32, NORTH 89-57-05 EAST , 189.98

FEET TO A POINT THEREON, WHICH POINT IS A NORTHWESTERLY CORNER OF LANDS SHOWN ON RECORD OF SURVEY MAP NO. 412,
RECORDED FEBRUARY 16, 1970, IN BOOK 7 OF RECORDED
SURVEYS AT PAGE 96, OFFICIAL RECORDS OF THE ABOVE
COUNTY AND STATE; THENCE ALONG THE BOUNDARY OF THE LANDS SHOWN ON SAID MAP THE FOLLOWING COURSES: SOUTH 21-19-48 WEST 486.48 FEET; SOUTH 82-59-01 WEST 12.44 FEET; SOUTH 89-15-26 WEST 617.05 FEET; NORTH 83- 39 - 35 WEST 344.l0 FEET; NORTH 89-25-48 WEST 201.01 FEET; NORTH 63-46-05
WEST 76.92 FEET; NORTH 86-41-21 WEST 92.98 FEET TO THE
WESTERLY LINE OF LOT 30~ THENCE DEPARTING FROM SAID
BOUNDARY OF SAID MAP, NORTH 00-02-55 WEST ALONG SAID
WESTERLY LINE 382.02 FEET TO THE POINT OF BEGINNING.

BEING 14.429 ACRES MORE OR LESS.

Section 5.02. Restriction on Use. CORPORATION agrees
that said real property shall not be developed for any purpose and shall be used solely as open space by CORPOAATION and every person -8-
or entity who now or 1n the future owns said property or portion thereof.

Section 5.03. De claration of Restrictions. CORPORATION shall execute a Declaration of Restrictions in recordable form, which Declaration of Restrictions shall be recorded with the Office of the Recorder of the County of Alameda, California.

VI. AVAILABILITY OF BERTH FOR LOCAL PUBLIC PROGRAM.

Section 6.01. Use of Berth. CORPORATION hereby makes
available to CITY and allows CITY to use a berth, located in the westerly area of CORPORATION'S real property, described in Section

1.01 hereinabove.

Section 6.02. Purpose. CITY is granted permission to
use said berth for the activities of a locally sponsored Sea Scout Program.

Section 6.03. Term. CITY shall have the right to
determine the length of time that said berth shall be available to the Sea Scout Program.

Section 6.04. Lapse. The availability of said berth
shall lapse and be of no effect at such time as CITY notifies CORPORATION that there is no need for the use of said berth for the purpose herein specified.

VII. ENTIRE AGREEMENT
This Agreement and the Grants of Easement and
Decla~ation of Restrictions to be executed and recorded herewith, contain the entire agreement between the parties relating to the -9-
rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this Agreement shall be of no force and effect excepting a subsequent
modification in writing, signed by the party to be charged.

VIII. ATTORNEY'S FEES.

In the event of any controversy, claim, or dispute
relating to this Agreement or the breach hereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees, and costs.

IX. BINDING EFFECT.

This Agreement shall bind and inure to the benefit of
the respective heirs, personal representatives, successors, and assigns of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed
this Agreement the day and year first above written.

CITY OF EMERYVILLE
GEODON, INC •
. ,-: 'I .
. ,
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ACKNOWLEDGEMENT (CITY)
State of California )
) ss.

County of Alameda )
On this J day of __ fi._.f __ ~_,_~ ____ , 19_, before
, a Notary Public in and for the
County of Alameda, State of California, personally appeared M/.IJ~/f... ~t_J~,~-~"--~~µ_,_~_, __ ~_~_._~E-o __ ~ ____ , known to me to be the l---1.4 J .:, t<- j of the City of Emeryville and he acknowledged to me that said City of Emeryville executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal in the County of Alameda, the date and year in this Certificate first above written.
nd for
County and State
Acknowledgment (Corporation)
State of California
County of Alameda
On
)
)
)
)
ss.
a Notary Public for the State of California, personally appeared known to me to be the
of the corporation that executed the within instrument and acknowledged to me that such corporation executed the same.

FY Public
Recoraing Requested by:

CITY OF EMERYVILLE
When recorded, mail to:

CITY OF EMERYVILLE
c/o GOLDFARB & LIPMAN
1333 Broadway, Suite 825
Oakland, CA 94612

GRANT OF EASEMENT
This Agreement made this day of _.,LA~f'""",_t.,_i _(.., ___ , 1981, by and between the CITY OF EMERYVILLE, a municipal corporation located at 2449 Powell Street, Emeryville, California, hereinafter referred to as "Grantor", and GEODON, INC., a California corporation, located at 22160 Redwood Road, Castro Valley, California, hereinafter referred to as "Grantee".

WHEREAS, Grantor is the owner of certain real property
located in the City of Emeryville, County of Alameda, State of California and more particularly described as follows:

REAL PROPERTY IN THE STATE OF CALIFORNIA, COUNTY OF

ALAMEDA, CITY OF EMERYVILLE, A PORTION OF POWELL STREET AS SHOWN ON RECORD OF SURVEY NUMBER 412, RECORDED IN
BOOK 7 OF RECORDED SURVEYS AT PAGE 96, OFFICIAL RECORDS

OF THE ABOVE COUNTY AND STATE, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF
POWELL STREET WITH THE WESTERLY LINE OF MAP NUMBER 4 OF

SALT MARSH AND TIDELANDS, BOTH AS SHOWN ON SAID RECORD
OF SURVEY; THENCE S 26-12-05 W ALONG SAID WESTERLY LINE

1.50 FEET TO A NONTANGENT CURVE CONCAVE TO THE NORTHEAST WITH A RADIUS OF 185.83 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20 - 27-29 A
DISTANCE OF 66.35 FEET; THENCE N 89-30-17 E, 260.00 FEET

TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST
WITH A RADIUS OF 264.11 F'EET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CE~nRAL ANGLE OF 08-15-03 A
DISTANCE OF 38.03 FEET; THENCE S 88-21-26 E, 61.00 FEET; THENCE N 89 - 56-44 E, 818.10 FEET; THENCE NORTH, 37.69 FEET TO THE NORTHERLY LINE OF POKELL STREET; THENCE S
89-56-44 W, 1404.39 FEET TO THE POINT OF BEGINNING.

BEING 0.941 ACRES MORE OR LESS.

WHEREAS, Granter desires to grant and Grantee desires to acquire certain rights in and to said real property;
NOW, THEREFORE, it is agreed as follows:
l. Grant of Easement. Grantor and Grantee have entered
into an Agreement Re: Emery Bay Cove Marina dated J A-l/1,·1'- , 1981, , recorded in the office of the Recorder of Alameda County, which Agreement is incorporated herein by this reference, as though fully set forth herein.

In consideration of the mutual covenants and promises
stated therein, Grantor hereby grants to Grantee an easement as hereinafter described.

2. Character of Easement. The easement granted herein
is an easement in gross.

3. Description of Easement. The easement granted
herein is a right of Grantee to construct and maintain a parking area and landscaping on the real property hereinabove described.

4. Location of Easement. The easement granted herein
is located in the City of Emeryville, County of Alameda and described as hereinabove set forth. Said legal description is incorporated fully herein by this reference.

5. Exclusiveness of Easement. The easement granted
herein is exclusive for the purpo se of the construction and maintenance of the parking area and landscaping, as set forth herein.
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6. Entire Agreement. The Agreement Re: Emery Bay Cove
Marina, referred to herein, and this Grant of Easement contain the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral
representations or modifications concerning these instruments shall be of no force and effect excepting a subsequent
modification in writing signed by the party(s) to be charged.

7. Attorney's Fees. In the event of any controversy,
claim, or dispute relating to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees, and costs.

8. Binding Effect. This instrument shall bind and
inure to the benefit of the respective heirs, personal
representatives, successors, and assigns of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed
this instrument the day and year first above written.

GRANTOR: CITY OF EMERYVILLE
GRANTEE: GEODON, INC.
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State of California
County of Alameda
On this

ACKNOWLEDGEMENT
)
) ss.
)
J day of --A~f-~_1_~ ____ , 19~/, before
, a Notary Public in and for the
County of Alameda, State of California, personally appeared _w_JJ_c.-_<-_A_c.-_· <;_' --"'-: _. __ r_.,._,,.. ____ , known to me to be t·he HJ) 7 o ,.._,, , of the City of Emeryville and he acknowledged to me that said City of Emeryville executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal in the County of Alameda, the date and year in this Certificate first above written.
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n and for
County and State

ACKNOWLEDGEMENT (CORPORATION)
State of California )
)
County of Alameda )
)
On
ss.
:· "'. '.' ·: '.:_~:~\H "" , .. '. 'H'. ·""' ... i ' '"":,' 111, !1•111 J i, • - I • ; : ( ~ / - • •_•,1
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• • <,
.. , .• ,~ ~!! " .. : .... l : .... ,.11i, .. l ... :.:. ••• ,. __ ... L:! .... J;.._~--~ a Notary Public for the State of California, personally appeared /L-,._,-,o ... o j). known to me to be the Jat"".J ,,01,·,.J~ •
of the corporation that executed the within instrument and acknowledged to me that such corporation executed the same.

FY Public
Recording Regues~ed by:

CITY OF EMERYVILLE
When recorded, ~ail to:

CITY OF EMERYVILLE
c/o GOLDFARB & LIPMAN
1333 Broadway, Suite 825
Oakland, CA 94612

GRANT OF EASEMENT
This Agreement made this day of -
_ __,_A.;;.+-/.:...c.,z.--=,_L-- __ , t
1981, by and between the GEODON, INC., a California corporation located at 22160 Redwood Road, Castro Valley, California, hereinafter referred to as nGrantorn, and CITY OF EMERYVILLE, a municipal corporation, located at 2449 Powell Street, Emeryville, California, hereinafter referred to as "Grantee".

WHEREAS, Granter is the owner of certain real property
more particularly described as follows:

REAL PROPERTY IN THE STATE OF CALIFORNIA, COUNTY OF

ALAMEDA, CITY OF EMERYVILLE, A PORTION OF THE LAND SHOWN ON RECORD OF SURVEY 412, RECORDED IN BOOK 7 OF RECORDED SURVEYS AT PAGE 96 IN THE OFFICIAL RECORDS OF THE ABOVE

COUNTY AND STATE, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF
POWELL STREET WITH THE WESTERLY LINE OF MAP NUMBER 4 OF

SALT MARSH AND TIDELANDS, AS SHOWN ON SAID RECORD OF
SURVEY; THENCE N 26-12-05 E ALONG SAID WESTERLY LINE
425.00 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE N
26-12-05 E CONTINUING ALONG SAID LINE 1183.88 FEET TO
THE NORTHEASTERLY LINE OF PARCEL 2 AS DESCRIBED IN A
DEED FROM HEITMAN MORTGAGE INVESTORS TO GEOOON INC.

RECORDED ON OCTOBER, 22 1979 UNDER SERIES NUMBER
79-211640 AT THE RECORDER'S OFFICE OF THE ABOVE COUNTY
AND STATE; THENCE S 74-14-08 E ALONG SAID LINE 81.35

FEET TO THE INTERSECTION OF SAID LINE WITH A LINE DRAWN

80.00 FEET FROM AND PARALLEL WITH SAID WESTERLY LINE OF MAP NUMBER 4; THENCE S 26-12-05 W ALONG SAID PARALLEL
LINE 1198.62 FEET; THENCE N 63-47-55 W 80.00 FEET TO THE ACTUAL POINT OF BEGINNING. BEING 2.188 ACRES MORE OR
LESS.
~HEREAS, Granter desires to grant and Grantee desires to acquire certain rights in and to said real property;
NOW THEREFORE, it 1s agreed as follows:
l. Grant of Easement. Grantor and Grantee have entered
into an Agreement Re: Emery Bay Cove Marina, dated
_..._.......,,~----, J' /j /.1, ( L
1981, and recorded in the Office of the Recorder of Alameda County, which Agreement is incorporated herein by this reference, as though fully set forth herein.

In consideration of the mutual covenants and promises
stated therein, Grantor hereby grants to Grantee an easement as hereinafter described.

2. Character of Easement. The easement granted herein
is an easement in gross.

3. Description of Easement. The easement granted
herein is a right of ingress and egress.

5. Exclusiveness of Easement. The easement granted
herein is not exclusive and may be granted to third parties as well as Grantee. Grantor retains the right to use said property and all other rights of ownership.

6. Entire Agreement. The Agreement of Grants of
Easement and Declaration of Restrictions, referred to herein, and this Grant of Easement contain the entire agreement between the parties relating to the rights herein granted and the obligations -2-
herein assumed. Any oral representations or modifications concerning these instruments shall be of no force and effect excepting a subsequent modification in writing signed by the party(s) to be charged.

7. Attorney's Fees. In the event of any controversy,
claim, or dispute relating to this insirument or the breach hereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees, and costs.

8. Binding Effect. This instrument shall bind and
inure to the benefit of the respective heirs, personal
representatives, successors, and assigns of the parties hereto.

IN WITNESS WHEREOF, the parties hereto have executed
this instrument the day and year first above written.

GRANTOR: GEODON, INC.

GRANTEE: CITY OF EMERYVILLE
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ACKNOWLEDGEMENT (CORPORATION}
State of California
County of ·Alameda
}
)
)
)
ss.
:il<i : :nnonuuu II a,'"" ?f: 1 i nu,,. 111uu,. "' 1111 l! E ,,•:.:.:;.!';..-::, : ,;.·t-·!Cl,\L SE.,\L ~ : '°., .• ·- .) 1nc.: ,:-:, .. ,•. µ,,r.·-,oo .. ... ' _ .... .,. .. ...;.·, .. l...·-l- -·., ; .J ' • ·-·,\I , \ : :; : • . • <If • ,. r'\'iJT/,rn· p•_p·,: ::: . •.'.,'"-!_:1·•.1nf':rA ·• !: ·.·~--.~ ·--~~': (.Vl,:-:T·, ,-:.F ;i. ~t.:.ti•)., ·• ~ .:. ,.-· t !1 ·: ·-r.t •i~.i .- L .• ' '".ll J ; :. ~;•.;, 1.: l •'Ot\ ~ ~ ,u~ • .-' :HI] :tU~IJ I~ Hilt~ ~:.ua.. •• ', ....... .a,. t .... ~ :.t ~ On _fi~1
_p_/l,,_·-~-~----'----' 19/~, before me
a Notary Public for the State of California, personally appeared known to me to be the j}l-t-, , iJt;,_.r
of the corporation that executed the within instrument and acknowledged to me that such corporation executed the same.

Noyifry Publ lC
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State of California
County of Alameda
On this

ACKNOWLEDGEMENT (CITY)
)
) ss.
)
day of ___ .A __ 1_?A.,_,_~ ____ , 19/', before
me, -'JP,c..;;v~·~J_c_'_L_v_1~J:..__;_J-l,..:..::..v~;~c...:...'~~~D::..-~----' a Notary Public in and for the County of Alameda, State of California, personally appeared ,~~,c~ of the City of Emeryville and he acknowledged to me that said City of Emeryville executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal in the County of Alameda, the date and year in this Certificate first above written.

Notjiry Public in and for
sa(d County and State
-5-
Recording Requested by:

CITY OF EMERYVILLE
When recorded, mail to:

CITY OF EMERYVILLE
c/o GOLDFARB & LIPMAN
1333 Broadway, Suite 825
Oakland, CA 94612

DECLARATION OF RESTRICTIONS
THIS DECLARATION OF RESTRICTIONS is made this
day of -=A~i~',~~~'~=---' 1981, by GEODON, INC., a California , Corporation located at 22160 Redwood Road, Castro Valley, California hereinafter referred to as "Declarant". WHEREAS, Declarant is the owner of certain real property located in the State of California, County of Alameda, City of Emeryville, a portion of lots 30, 31, and 32, section 16, T. 15. R. 4W., Mount Diablo Meridian, "Map No. 4 of Salt Marsh and Tidelands," more particularly described as follows:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 30; THENCE

FEET TO A POINT THEREON, WHICH POINT IS A NORTHWESTERLY CORNER OF LANDS SHOWN ON RECORD OF SURVEY MAP NO. 412,
RECORDED FEBRUARY 16, 1970, IN BOOK 7 OF RECORDED
SURVEYS AT PAGE 96, OFFICIAL RECORDS OF THE ABOVE
COUNTY AND STATE; THENCE ALONG THE BOUNDARY OF THE LANDS SHm'l"N ON SAID MAP THE FOLLOWING COURSES: SOUTH 21-19-48 WEST 486.48 FEET; SOUTH 82-59-01 WEST 12.44 FEET; SOUTH 89-15-26 WEST 617.05 FEET; NORTH 83-39-35 WEST 344.10
FEET; NORTH 89-25-48 WEST 201.01 FEET; NORTH 63-46-05
WEST 76.92 FEET; NORTH 86-41-21 KEST 92.98 FEET TO THE
WESTERLY LINE OF LOT 30; THENCE DEPARTING FROM SAID
BOUNDARY OF SAID MAP, NORTH 00-02-55 WEST ALONG SAID
\·iESTERLY LINE 382 .02 FEET TO THE ?OINT OF BEGINNING.

BEING 14.429 ACRES MORE OR LESS.

WHEREAS, Declarant intends to own the above-described
property, restricting it in accordance with the agreement of the parties contained in the Agreement Re: Emery Bay Cove Marina, dated --~__,__,,o.....:.. % ,Ap;i,r _____ (.... _ , 1981 and recorded with the office of. the Recorder of Alameda County, California, and this Agreement; NOW, THEREFORE, Declarant declares that said real
property hereinabove described shall be held, transferred, encumbered, used, sold, conveyed, leased, and occupied, subject to the covenant and restriction hereinafter set forth expressly and exclusively for the use and benefit of said property and of each and every person or entity who now or in the future owns any portion or portions of said property.

1. Incorporation of Agreement Re: Emery Bay Cove
Marina. D2clarant hereby incorporates fully, by this reference, the Agreement Re: Emery Bay Cove Marina, dated f IR/41L ~
1981 and recorded with the Office of the Recorder of Alameda Coutny and all terms, covenants and conditions therein stated.

2. Restriction on Use. The real property hereinabove
described shall not be developed in any manner, nor shall any building, temporary or permanent wall, hedge, fence, trailer, ,
shack or other structure be located on said real property. Said real property shall be kept, used and maintained as open space and for no other purpose.

3. Incorporation of Restriction in Subsequent
Documents. In the event Declarant sells or otherwise conveys the property subject to this Declaration, the restriction on use -2-
herein stated shall be incorporated into each subsequent deed, lease, or other document.

4. Term. These covenants are to run with the land and
shall be binding on all parties and all persons claiming under them for a period of fifty (50) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.

5. Enforcement. Enforcement shall be by proceedings at
law or in equity against any person or persons violating or attempting to violate any covenant either to restra i n violation or to recover damages.

IN WITNESS WHEREOF, Declarant has executed this
Declaration of Restrictions the day and year first above written. ,, , ,I
''
.' .; ;" _- :·~: . I
i ,) i :

Declarant: GEODON, INC.
-3-

AC KNOWLEDGEMENT (CORPORATION)
State of California
County of ·Alameda
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)
ss.
.a, 1: !l l!lfh IJ 1111111 ;711 "" l l : I 11111 l tl II llflUI It Inn~ ·~~:! <.~:·~:·.'.~-~-r-__ ·.::__\ .
1 os~\','\;-'H~1i;t ~1CO : . J NOT,·. r1y P •.111 : :~: . ,:;.t,a•.,:tt':iA :.:. · ·:. · (.Vli:'-:T ·, t; F ;. :,t.~.it:'. 1) . \ ,. ~ .. • o1 ~-!:; ·: ·•r:r,:·~.i .. .; . .... a Jl1.·.::,.,,. 1.;. t ·•,!S ; k;;11 1;tun~1n:1u:.u1~1u1t:.:1•u• ..... u . .. ... . • , • ·• •••;:• ~ On -~-k~'~fi,,_·-~---~'--------' ~ 19//, before me I
a Notary Public for the State of California, personally appeared known to me to be the j}1..c~. iJir>-r
of the corporation that executed the within instrument and acknowledged to me that such corporation executed the same.

No}dry Public
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Recording Requested by:

CITY OF EMERYVILLE
When recorded, mail to:

CITY OF EMERYVILLE
c/o GIAMBRONI, DEAR & BACICH
415-20th Street, at Franklin
Oakland, California 94612

AMENDMENT TO
AGREEMENT RE: EMERY BAY

COVE MARINA

1. There is a written agreement between the CITY OF
EMERYVILLE (hereinafter "City") and GEODON, INC., dated April 8, 1981, and re~orded as series no. 81-61639 in the Office of the Recorder of Alameda County, California. This document is hereafter referred to as the "Contract".

2. Emery Bay Cove, Ltd. is the successor in i:-1ter2st. to the rights and duties of Geodon, Inc. under the Contract.

3. Emery Bay Cove, Ltd., wishes to assign and delegate its Contract rights and obligations to a condominium association ( 11 Association") as successor in interest, if permitted to do so by the City and the Bay Conservation and Development Commission ( II BCDC") •

4. The City is willing to allow assignment provided sufficient assurances are given that the condominium Association will have the means and the duty to comply with its Contract obligations to the City.

NOW THEREFORE, in consideration of the premises and of the provisions hereof, the City and Emery Bay Cove, Ltd. agree to amend the Contract as follows:
-1-

5. Emery Bay Cove, Ltd. shall cause a condominium Association to be incorporated and to assume all Contract dues under the contract. The Covenants, Conditions and Restrictions of the Association shall be approved by the City in the manner set forth in paragraph 10 of this amendment of the contract, below.

6. Emery Bay Cove, Ltd. shall cause the Association to have powers of expenditure to fund all costs of performing duties under the amended Contract, existing for the benefit of the City and the public, and to levy appropriate assessments to raise such funds.

7. For benefit of the City and the public, the Association shall be obliged to maintain all facilities of the Emery Cove Marina to a~ least the standard of maintenance observed by the City at the adjacent City Marina, and to maintain public access land areas including walks, parking lot, public restrooms and landscaping, at least to the standard of maintenance observed by the City for its street, parks and public restroom facilities.

8. For the benefit of the City and the public, the Association shall be obliged to set aside reasonable capital replacement reserves sufficient to replace the buildings and piers at the end of 40-year depreciation schedules. The Association and/or the unit owners shall at all times remain owner of the fund and of improvements, repairs and replacements constructed with the fund.

9. The Association shall be empowered to enter into costsharing contracts with the City from time-to-time for the joint performance of activities common to the Emery cove Marina and the City Marina, which may include dredging, security, sanitation, -2-
fuel provision and groundskeeping. The Association shall share with the City, on an equal (50%/50%) basis, the costs of maintenance, repair and replacement of the breakwater identified in attached Exhibit "A", here incerporated by referenee.

10. Emery Bay Cove, Ltd. may not record a final subdivision map until the City attorney approves the legal documentation which Emery Bay Cove, Ltd. proposes to use to carry the foregoing into effect, which approval shall not unreasonably be delayed or withheld. The legal documentation, specifically the Conditions, Covenants and Restrictions creating the subdivision, shall make specific reference to this amendment of the Contract.

11. This Amendment shall become effective upon the recording by Emery Bay Cove, Ltd. of Conditions, Covenants and Restrictions creating the subdivision.

12. This amendment is made this 21st day of February, 1984.

EMERY BAY COVE, LTD.

By: _./51'~~~¾-··-.,_
4~/~

CITY OF EMERYVILLE
By:
-3-
..

EXHIBI~ A
to

AGREEMENT BETWEEN THE CITY OF EMERYVILLE AND
EMERY BAY COVE, LTD.

The breakwater for which expenditures are to be shared by the City of Emeryville and the Association of condominium owners of Emery Cove Marina described as follows:

An existing breakwater located North of the Northerly border of Emery Cove Marina (which marina lies East of the City of Emeryville Marina), running East and West for approximately 550 lineal feet, a portion of which lies to each side of the entrance to the channel shared by Emery Cove Marina and the City of Emeryville Marina; which breakwater is composed of treated wood pilings driven on a batter and filled with treated timbers installed horizontally between the pilings, bearing thereon three navigation lights.

ACKNOWLEDGMENT (CITY)
State of California)
) ss.

County of Alameda )
On this 20 day of __ M_a_r_c_h ____ , 1984, before me,
, a Notary Public in and for the County ------------ Wallace E. Fox of Alameda, State of California, personally appeared
Dorothy Heintz , known to me to be the Mayor ------------ of the City of Emeryville and he acknowledged to me that said City of Emeryville executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of Alameda, the date and year in this Certificate first above written.
// 07 ;/_.· . · · , · · ~✓ --
/ ,.Not ,1/ said
ACKNOWLEDGMENT {CORPORATION)
State of California)
) ss.

County of liiu.eela )
.SPI t.) f-Kn ~c, sc..o
On _._;.f'l_'"\--=--=C\.~·C..a;c.. ... \'-).__.;.;.~~(c"'". ___ , 198 L.±_ , before me , O c:J-? l <::. '7:
, a Notary Public for the State of California,
personally appeared (,f ~ rtL D ~- ':::.Tl U'.:>Q1D known to me to be the (
71 -:,.1,,,"(, i.-}L t:'lfl-C.D,-~''r i2.. of the corporation that executed the within instrument and acknowledged to me that such corporation executed the same.

C!HIIIIII IIIIIIHIIIIIIIIIIIIHHlllllll l!~I I -"l
: •• UF'FICIJ\!. SF'<\L ;
: • ~ •. DENISE A. MALATESTA 1 5 ~-· ~•or11,, r1151 1c r-11.111,""f.-!•1•~ .,. c:ty .§: c ~unty of San fra,i,,: 15l- :
5 My Comm. Exp. March 29, 198~ ~
1111111111111111111111111111111111111111m1i
A,/4d'L.A..ag
Notary Public
C~ -'-lh ~~
Ct1'TIFlfAlf . OF' _ni,,'HR..;,
TH( l' ~f)fi',~[(','ilfn, t.~1[R'r I!,,.,. rove. tfD . , A (Allf'ORNIA U\\l'T!.D i'l.'lit.'tMlUll\f, HUI.F,A.FTER ltUF.RMF.D TO AS "OWNER•, DOES HEAEB1 CEltTIFJ THAT JT IS lKE O'WSE.R Of ALL THE L,-,tos DHINEAT£0 ltND EM9U,C£D WintU' TKE ME-.vf B,lt.OKEl!i: LTNE llP'Olil THE HEAEUI i:MBODltD rtU,L ~AP, UTlTU:D ~T'RACT 5175 FOR COl'DO."ll"IUM. PURN>SES, EMERY COYE MARJIO, COHDDMl'NlUM ~"'· CITT or Et4IEIIIYVllLt , ALAl1£DA cOUlilTY, CAL(FOlllfIA- . CO!IISJ S TJ11G or FOUR SHE'f;TS, THIS CuttIFICAtl ILEINC UPON SHUT OHE TH'E1l£OF' , THAT lT HAS C,_USEO SUD MAP TO DE PltEP'H.ED FOR IIECDRD ~!!CD [ Q,-:SEHT!; TD THE J'i:l.tPAll.ilw.fIO!i i',ND u .co•1>ATI0• OF SAib- M.,\P': fltAT SAID MA'I'" Po\R,TlCULA'klY SElS FORTH AND D'&SClJBE! THE L015 tNTtlilDED FOK S/\L£ BY THEIN. WU NMR .-Wt> PRECISE WIDtff AND Ll&tlGTM ,
" , .. \o.'lT"tE 5 S k'H[Rtr)F, ~AID Oll''NER HAS CAUSED nns O:RTtr CATION ~'M'D TH lSE oE.DlCATJO?'~ rD BE EXt:CIITED THJS a., .;111 OF ,M,U:St:I , lf1i.J_ ,
LT . ;_ • OLIFOR•U Ll::TE~RTME~Hir "I:~}~ Nit. R4BH~L. v &;ciil nil.

CITT OF' E:-tDTV(LLE, r\S TO EASEMENTS "-ECORD"ED A"T SERIES NOS. U.J,OIH, .. J••:J=~R:.t dtk--, :_, IY (..;;tL._ ~ BT ~•
51 1) llf ( \I lfOR,1it,_ )
i o• ,11 ,,, SaAl ll'dAIJP'SCO l ss
n, m.Jtft.~.a,91 /784./ DEFOkE ME, THE l'NDERSlGNF.D, A !iOT .. RY Pl 1,11( I\ \'\D fOR. SA In cov!lln AND 50.Tf, l'ER.SOW.ULY Af'f'fAfU:D ,r.ca..1v-n Cl. ~1'W..ft0W. ,\1/D ~U,,'(M:[Ut0 ~- wt,... , ITT"::r,,.~, I Y l('!;Q ...... TO ~f. t c'i• P'ROVF.D To "IE (J~ TKE 81,S [ S Of SArl~rArtnRt E.\. J llt!i.Cf I TO »t THE f>f.ltSO ~S wHO EXECUTt:D T'1E WITHllil TNSTRl''i[lifT ~._ · GENERAL PARTNERS ON BEI-IALf OF E'1£.ftY BAY COVE, LTD . , THE LIMITED P~RH'EA.S111" fti.E'.REHI NAMED, 1'1i.D AC'UIO"'LEDCiEO TO .ME THAT SUCH LI Ml Tf:D P'ARTNERSHII' EICECUTED THE \1([TrllN Jl,iSTRUMENT l'L"RSU-Aft1' TD rts LlP1tTf.D

PARTNERSHIP- AGREEMENT ,
'll'[ ! lil'CSS ~IY HA?-1D Alr.D OFFlCIAL SEAL
SJCKATIJA.E fhveio/Ut a '014Qop:4'Pr
IIIIY COMMISS ION EXPlRES i/@9./SS:
oi::1s "...._urnra i ~ ~:-· . . : : :· .:.:•:,::,";;.' . l ~.;;~l
..,.1 , ••••-•• .. II.•! ...

I
~1.A.,U=c.4-,---' ss
A~f.L..~0 Z;,r.. '-.si'rf, on7'crrou"1Hi'iT'i :~~o:~"~:: !:~s~:!~~~ '~:~~A1t;DNOTAfl Y rERs n H t Y ·o N ~o :- R o:;~. =TO~><t,;::;o~M,-T"'H"•~•""•;-,s"JS""o""r-,,,...,,.T.,,s,.,'<,.CTou t.Y 1DF.~C[I TO BE THE PERSDMS WHO EXECUTED THE WlfHIN 11'1STRUME1'1T "S Bf1A1r'ltf ~ttE CITY of tMEhvn~=~ ,..,.n ;K.NOwLEtiGED To '4E 'TMA.T 1HE0N C ( T1 Of F.~ERn'lLLE EXECUTED Ttl'E- wtTHJN .HifSTRUfl'IE11f f'\lilSUAMT TD TfS CH Aft TU.
wmtss MY ?""D :W•tg? SICNATURE~~
!il!Y co~MtSSION UPU.ESt(AfcA if:4...,!!!J -r--- l~ h'. ••• ~~.._ tf.~ Wlll'.Cc E. FOX W} , .. 1r~:'.'.''::r:.~,~,~~,,. ~ L~ -~ ~- .~~ ,, .: ... · ~~:j•,.~l
CA l rFORNIA l,'1,ND TITLE COMPANY, A CAti1oi 1A CORPOJIATION, AS TIIUST'EE Ut,,;p[R CEIRTA.TN CUDS OF t•IJST Rl1COl0lD AIJCUST 19 AND 20, 198?, SUU.S "NOS. !!2.-l2S,C6Qo, S2 ~U6J50 AVD !U.-U6J51. ALAfl'l:DA. COlfJN'TY lECORDS, !>OES ~E.REB-l (ore\ EHT TD THE PR£PARA'TIO!N AID Rt:COR.D-A.TJON OF SAID ft.ACT Sl H ",ND .JOINS HI Alt DEDICATIONS ftlUEOJi.

CAtIFOR!lfIA LA'ND fl=:: .. ~~~
v;,._,__.7~/~ m<t'·
lliM.:.~~!-'i~
S TAH OF (,'llfORlol,I, )
COl.!JiTl' OF At.A,-iF. PA l SS
~urf;'j[~f :;t THfc~u1Af"Jr?i,.MEDA,
(EllTlFY , AS CH f CU.D &"ELDIIIII T11AT: .
, CUR.It o, THE ?IO"R.D OF
5tAtt Of CALIFOIUiU, H(.Rf.SY
1,111, APP'llOVED IIOVD KA.S IEE ■ f'ILED WITH fKE .SUPll!llVESOlt.S or 1·Ht :~~11 T~;u:!~,;~~ ~!"!~L 1~A~= ::1:!E~~,.~1Mtfs·l£1Tsc~~:~~~~:~D AS TAXES "11ICM ARE NOlol A LIE. ACAUfST SAID Lit.JD OR ilNJ 1'ART THE1lEOF, BUT NDT TET PA'YABLE Akl:I W/t.5 DUU APraOVE.D aY SAl'D BOARD J II' S,t,11) AP«JUNT,
ALI. TAUS AND SPECIAL -.ss&S9NUTS COLLECTED AS TUES HAY!:

BEU U.10. AS CIERT1Ft'£D 111 THt n:U.SUll,ER-TA:X COLLECTOR Of THE COU !ffY OF "-LAMEDA.
~:"w~~NEj}Rw,"l~:'£1=~~1'0 set Mt KAND TK[S ~
clU.k Of -rHi IIOATtb OF' SUPERVISOR.5 Of' THE CONN'I'Y or UAMEDA, STATE Of' ::LI~t~ @.f:CORDEll'S CElTlFICATE .. fl LIED$.~£ ~EST OF
1tECDRDEll oF ~flE Co11NTi OFi~D.1:--~~n: o,- cAuFou1u, u BOOK. ll.JIJ O>f HA;;t;.MES :.JS,L.._ TD .:J..;L_, lJICLVSIYE, ltf.CO'IIDD s£'iITTs"No. . .- .•.. 4«: !!, 1.2-0D . ;..1...:-...111£.,i~ . "-'/_......... Cotiiff HCOIGti ii Aiib FOi flit COUHt §_/ •• M ... STA""-•• C'LIFDUU
ll: j) - \ •; H atar, ,ns,ES
Cf.11.TIFICA ,: -~- - /
~,·,, ,r, l iiJ Olf c I rY nr r.lii'v'ffu1. cOu~~~y o~L~~~M::~, c~~~~[ 0 ~r THE 01 nmn.111.. 00 nncre.'l' CI:Rflfl' tHA.T TKE H.ERtJN EMDODJF.D f"l'NH flt,\P l\ti11t '[l · 1R;\(f )17~ FOR CO~C-01'\JtiflUH PURPOSES, EMERY CDVF. '"1"Rl"1A ( l)\J>U"1l\ ll ~I ~1,1,P, (ITY OF E"tER~\IIllE, ALA.MEDA COUNTY, C,OIFOR'- TJ, ' c o i,;~1 •.:i 1,c; (It FOl•R !':Hf.ET!'i, TH r S CEllTlf'ICATE BEUIG UPON ~ Hffl ri,1 g~~~~ ljl~ , D~;\ri:~i~~~~~ ~~ ~~~~L~~~~~l ~/S §JO~J{j•/ A~~l ~ H~!--~: ~O ol,\D ,1,DOPlfl> AT SAID "IEETUiC . APPROV E SAlD MA-P. 1' >IT~ >HFR_jllF, l H•VE HEI\PP SET HY H•KD THIS~-
DAY OF ~ec~ , 19F,,.
(nY Clf'IU( J, "\i D ct [RK Of TKE COllMCJL OF TH[ CITY or [~EJI.YVT-Llf., COl'!iilY Of :u",,F. OA, ~TATE Of' CALIFOR'NIA
~THE OF ruJF' l'J R~,A
COL!'ffY Of H ol,'4f. lU
I
\ 55
0~ r<\vJk") .l::j 1 l'-\ i~ , 8E.FOI\E. lo!.E, THE U"DF.ll!-~NEO, A t"OU,fl'f f'(,JI!,~( IN um FoR SAIO STATE , PERSONALLY ilw.PPEAREbOb;if~t ...:> Q, ,,.t , \J..t.J"Q5. , PERSOlliALLY K~OWN TOM. (OR P VE TO ~~[~~ ri~E T~~\:,~T~~ t. s~!~~~~~~~y A~Vl~~CE ~ TO ~ ~ , RSON WO OM BEHALF Of CALifO'lNU. LAND TITtE COfliPAN TII.UST E • tlE ATIDN THEREt'II N,\MED, .om ACKNOWLEDGED TO l'IE THAT SUCH CORPOI.ATlON EXECUTED T11E lo!ITHlN DISTRUMUIT P'URSU,\IICT 1'0 lTS (IY-UWS OR A RESOLUTI ON Of" JtS CE.TJF'tCAfE__Q_[ SUI.VETO!
I HERE&? STltTE 114/tT THE: SUl!ltllVISJOJI s•ow ■ o• 'JHlS KAP l:i MAD[. FROM A TllUE AND (O"fl'1 f.TE o;;URV'EI .wlAD'E U91DH .MT D11.'ECTTDN HI JUNE l Git J, ,. •• Al TH• ~P\11 ~u !Ill!'> AIU nf TH[ CMAIACTl!.a A91D OCCUPl TH' f'(l!",ITIOM~ ,.,DllATtO .,'iln THU ..:,,r ""'1o'it'llflE'N1'5 AJ;E. Sl1.FFICI'ENT fD [tu.•u TM.I 5Ull:YE1' r(; BE ltE.TRAU-D.

Itll_-
or E~.' ~~tarcAL1tOINU, DO ~~~~a~1e~~=~~;to~~E r'~!:t EXA.MIKtD THE H'EII.EU EHl!IODIEb f'TNAL MAP EtltlrLEb "'TRACT Sl7S f'OR CONDOfliUIUM PU,tP'OSES . Elf£lY COY£ MA.UllllA COMDOMINJUM NAP, CJl"Y OF EMEfl.l''llt LLE:, At."Hl&DA COUN'1'1', CALJfORIIJA.• CDNSIS"TJNC OF FOUlt SH'EETS, TH[S C'E'llTJFlCATE fl.El'NC UPON SMEET D'N'E T11UEOF', AIID THAT TK'E. SlJ8- 0I'YTSlO!Jl AS SHOWN UPO'N SA.1D MAP ts SUl,STAMTJA.LL'r ntE s-.Mt AS SAlP· rn11-DtVI S lOtl APPEARED Of& "THE TENTATIVE MAP ·"D AN1 ,unovu ALTER.A.TIDN fHER[Of, AND THAT ALL PROVJS10N5 OF THE SUMIJVISIDN NAP ACT Of' THE SH.T[ Of' CA.tIFOllNJA AJIO AMl:ND'4EJIT9 THERETO A.Nb or AU LO(AL O'RDUl,UCE APPLf{ABLE .AT THE TI!'IE OF APP'ROY ,U. or THE TUTATtVE MAP M/tVf: au• CO/"IPLIED ll'lTM AND TKAT I Al4 SATtSf(ED THAT SAID .. AP IS TECKNICALLJ CORRECT.

U 'WITNESS WHE.EOF, I K.AY[ H~UtlK'!'O SU MT H,0ID TM.IS '5tle,.:,..o l)A.Y OF "'°''3:R.'-!1' , 19_"",-_.

C1~fittfi ~"/lf." Clit ot £..tltvttti~ i.UNEDI COUITf, STHE Of CALJFDUlA
~
SllNIC.IST SEAY ICE CONPU'f, A CAUFOIIIA COIPOIUUOI, AS ftl15TEI UJIIDU A C?.1'TAIN DEED OF ftUST R!f:COGE:D AtlctlSf 19, 19112, SEIUI.S ~E ::t~!~!~~o .. A~::i::c~:::~Io:·~:-:!iv00n~c;IE~~;] ~:!~:~: IN ALL DEOICA.TIONS THtaE:OI.

SU-151' 5ERY1:CI COMPAU
snn nr c u1roRNIA I aY"a9:~, , /:,LIL .L'=,.. -- conn or ~.::,,\ti .,j:),J1.J/ ssd ON J!\or,: Q I lq;;] ~ . B,EFO'II.E ME I ntE UJfOERSICM£D I " I\IOTAFll PUl!,t.l[ 1 '- .i.S FOR s1)' STAT'E. PERSONALLY Al""P'ElRt.D ,,et E, • ~E~fj~t's'...srs or SATtSfAcfiiR•.1°~~~~::~~~ ~~0:: ~i PtR o/~~~[D TO HEC"TEO THE WITHIN INSTRUM .. T ••~~~ ·•-tf' 'll ·14- ~ · p{a ,.J, l\i ON BEHUf OF suxii;tsT SER.VlC'E COMPA :iKSTE ..~ ctr¥6111.fN THEIUIM' NAHED, AND ACltNO_.-l&l>G'EO TO NE TH~T SUCH CO'J.P'OllATIQlll EXECUTFD THE WITtUtil JNStfliU!lrENT PURSUA)lf TO JTS H-Uw,J OR A RESDLUTTDN OJ' l TS B.OARD Of Dl REC'CORS.

WITOl5 5 MY HA2 ••D OFFlCUL OUL /4 smm., , t~alltiD ~ l'IY (O~""s~rn~ EXP :; rcA If 11.J -7,s PROPERTY nFSCtll_!'TIO!lil
"TR,\CT Sl7S FOR CONDOMl'NIUM P'Olll"OSES, EMERT COVE MA.RINA CO!lilDOMINlU"' '1AP, AND MUi'.G THE lAlilDS tlESClt.18£0 IN REEL 1369, IMACIE Qo.4-fl, ltlANED,\ (OlHiTY RECORDS, CITY OF E.MEJl:fVlltE, AtAHEDA COUNTY, CALJfORWI A~. ,-Ill.Ci ,. 1,'
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}. fhe dedicated arPa i~ irrevocably ~ubjPct to
per·manent rights of puhl ic access fnr- ~ 1P"'ing,
fishing, w.dkin~. sitting and rel.',ted purpo:'it>S.

2. where the dedicated area abutts buildings on
the property, the dedicatiun extends up to.
but dot's not incl11de, the ba.!;e and / or ~ides
of the physical st ucture of the building.

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83-19464(1
Recording requested by
Emery Bay Cove, Ltd.

One Market Plaza, Spear Tower 2430
San Francisco, CA 94105
When recorded mail to
Mills & Wilcox
A Professional Corporation
One Market Plaza, Spear Tower 2450
San Francisco, CA 94105

DECLARATION OF RESTRICTIONS
This DECLARATION OF RESTRICTIONS made this [] day of December, 1983. by Emery Bay Cove, Ltd., hereinafter referred to as "Declarant";.

WHEREAS, Declarant is the owner of that certain tract of real property located in the City of Emeryville, County of Alameda, State of California, more particularly described in that certain Condominium Plan entitled "Emery Cove Marina Condominium", City of Emeryville, County of Alameda, California, recorded in the Office of the Recorder of Alameda County, State of California, on the [] day of December, 1983, in Book [] of Maps at Pages [] through [] (hereinafter referred to as the "Project"); and WHEREAS, Declarant intends to sell the above described
property, and has restricted it in accordance with a common plan designed to preserve the value and marketability of said land, for the benefit of its future owners, by that certain "Declaration of Covenants, Conditions and Restrictions" recorded in the Office of the Recorder of Alameda County, State of California in Book page ___ ; and
WHEREAS, the use of said property as a Marina and the value of the property depend upon Permit No. 12-80. as amended from time-to-time, issued by the Bay Conservation and Development Commission, which has required as a condition of its consent to condominium subdivision that certain moorage slips be reserved for public rental under a program administered by the condominium association which governs the Project ("Association"); and WHEREAS, the covenants and restrictions hereunder are made expressly for the benefit of the properties restricted hereby as well as for the benefit of all other properties in the Project.

NOW, THEREFORE, Declarant declares that the real property described in Exhibit "A" hereto, incorporated by reference. shall be held, transferred, encumbered, used, sold, conveyed, leased ana occupied subject to the covenants and restrictions hereinafter set forth expressly for the use and benefit of said property and of each and every person or entity who now or in the future owns 1 {127:02}
any portion or portions of said real property.

OCCUPATION AND RENTAL RESERVATION
No owner of any of the rental moorage slip ownership Units listed in Exhibit "A" to this Declaration may occupy said owner's respective moorage slip. Each such moorage slip shall be occupied only by renters referred to said owner by an Association of condominium owners under the rental reservation program as required by the Permit, subject to all terms and conditions thereof. Each Owner, upon offering a slip for rental, shall advise the Association of the rental price and terms, which shall constitute thereby an offer to eligible renters on the list maintained by the Association.

TERM
These covenants are to run with the land and shall be binding on all persons claiming under them for so long as San Francisco Bay Conservation and Development Commission Permit No. 12-80, as may from time to time be amended (hereinafter the "Permit"), requires that moorage slips in the Project be maintained in a public rental program.

ENFORCEMENT
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.

SEVERABILITY
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.

IN WITNESS WHEREOF, Declarant has executed this Declaration of Restrictions the day and years first above written.

Declarant:

EMERY BAY COVE, LTD.

By:
2 {127:02}

EXHIBIT A

DECLARATION OF RESTRICTIONS

EXHIBIT E

LIST OF RENTAL MOORAGE SLIPS
The following are rental moorage slips only:

At Pier A:

A-17-0; A-18-K
B-1 8-H
C-1-J;
C-10-J;
C-1 8-J;
C-26-J;
C-34-J;
D-16-J
E-16-J
F-16-J
None
At Pier B:

At Pier C:

C-2-J; C-3-J; C-4-J; C-5-J; C-6-J; C-7-J; C-B-J; C-9-J; C-11-J; C-12-J; C-13-J; C-14-J; C-15-J; C-16-J; C-17-J; C-19-J; C-20-J; C-21-J; C-22-J; C-23-J; C-24-J; C-25-J; C-27-J; C-2B-J; C-29-J; C-30-J; C-31-J; C-32-J; C-33-J; C-35-J; C-36-J; C-37-7
At Pier D:

At Pier E:

At Pier F:

At Pier G:

EXHIBIT E
EMERY COVE MARINA DECLARATION OF COVENANTS, CONDITIONS~

RESTRICTIONS
{139:09} (84081)

STATE OF CALIFORNIA

DEPARTMENT OF REAL EST ATE
185 Berry Street, Suite 5816
San Francisco, California 94107
(415) 557-0486
May 25, 1983
Edwin c. Hdner, Esq.

Mills and Wilcox
One Market Plaza, Suite 2450
San Francisco, California 94105
Dear Mr. Holmer:

George ])ankma;Uan, Ck.>verno..r
RE: EMERY COVE MARINA
In your letter on May 10, 1983, you have .furnished a detailed description of a proposed offering of 430 moorage slip units a.nd support facilities on land along Powell Street in the City of Emeryville. You have asked whether the Department of Real Estate will assert jurisdiction under the Subdivided Lands Act over the proposed offering.

It is the opinion of the Department of Real F.state Legal Counsel that it was not the intent of the Legistature in enacting the Subdivided Lands Law that the Department of Real Estate should have jurisdiction over what is basically an offering of storage space for personal property.

Therefore, the Department of Real Estate will not assert jurisdiction over the :Emery Cove Marina offering.

Sincerely, #~atz WILLIAM O. 1CE.wLEY
District Manager, Su divisions
WOK:cv

THE TIDELANDS TRUST
The concept of the "public trust," otherwise known as the Tidelands Trust os applied to the State's tide and submerged lands, has evolved from the lows of England, inherited by the United States from the time of the revolution. It has been modified by common ond statutory law to o great extent, but still retains the features of its original roots.

The Tidelands Trust concept was first defined by Chief Justice Taney of the United States Supreme court, who stated, "When the revolution took place, the people of each state become themselves sovereign, and in that character hold the absolute right to all their navigable waters, and the soils under them, for their own common use." California was deemed to hold this sovereign right upon entry to the Union in 1850.

It was determined by California's Supreme Court that the State could make no disposition of the tidelands detrimental to the public's right to fish, and/or use the tidelands for navigation.

Grantees toke these lands on the some terms that the State holds them. This statement of the low hos been repeated and refined in many respects in numerous cases under California law, including:

1. James Eld ridge v. John Cowell, ( 1854) 6 C 81.

2. John a. Ward v. Thomas W. Mulford, (1867) 32 C 365

3. The People v. H.F. WIiiiams. {1884) 52 C 498

4. City of Oakland v. Oakland Waterfront Company, {1897) l 18 C 160

5. The People v. Kerber, (1908) 152 C 731

6. ThePaoplev.CallfornlaFlshCo., (1913) 166(576

7. Mallon v. City of Long Beach, (1955) 44 C2d 199

8. The People ax rel. San Francisco Bay Conservation and Development Commission v. Town of Emeryvl I le, ( 1 968) 446 P2d 790.

9. Candlestick Properties, Inc. v. Bay Conservation & Development Commlnlon, (1970) 11 C3d 557

10. Marks v. Whitney. (1971) 6 C3d 251

11. City of Berkeley v. The Superior Court of Alameda County, (1980) 606 P.2d 362 For your information, copies of these coses and applicable Constitutional provisions are available for your review at the Emery Cove Morino soles office.

Emeryville City CouncilJuly 5, 2022

Emeryville City Council
July 5, 2022