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n~CORDING REQUESTED Bf.
H~;tiiH AfotR\CM¼ TITLE COMPANY
NO FEE DOCUMENT
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
Redevelopment Agency of
The City of Hercules
111 Civic Drive
Hercules, CA 9454 7
Attn: Community and Business
Development Director
No fee for recording pursuant to
Government Code Section 27383
WE HEREBY CERTIFY THAT THIS IS A FULL,
TRUE AND EXACT COPY OF THE ORIGINAl
DOCUMENT AS THE SAME APPEARS IN THE . -·
OFFICE OF THE COUNTY RECORDER OF
e aY'fYCA C0:5¾ couNrv. STATE oF
CAL&ORNIA RECORDED ON \ 2:::2::o .-Be§:>')....
IN IOOK c OF 0F;1c1At REC,~:m.os
AtPME !,, SERIAL N.O.~j89~'t3
- NOtTH AMERICAN TITLE co., INC.
REGULATORY AGREEMENT
This Regulatory Agreement (the "Agreement") is made and entered into as of December 1, 2002, by and between the Redevelopment Agency of the City of Hercules, a public body, corporate and politic (the "Agency"), and Eden Victoria Limited Partnership, a California limited . partnership (the "Owner").
RECITALS
A. Owner owns that real property described in Exhibit A, attached hereto and . incorporated herein (the ''Property'). The Property is located within the Victoria by the Bay Project in the Hercules Redevelopment Plan for Planning Area No. 2.
B. Owner acquired the Property for the purpose of developing on the Property 132 rental units affordable to very low and lower income households (the "Development") in accordance with Owner's Victoria by the Bay Affordable Housing Plan approved by the Agency on May 28, 2002. In approving the Victoria by the Bay Affordable Housing Plan, the Agency made a finding that the Affordable Housing Plan is consistent with inclusionary housing goals of the Community Redevelopment Law, the Hercules Redevelopment Plan for Planning Area No. 2, and the specific requirements of Section 4.2 of that Development and Owner Participation Agreement recorded on March 16, 2001 as instrument number 2001-0063258-00.
C. In order to assure that the Development will be maintained and operated in accordance with Health and Safety Code Section 33334.3(f) and in accordance with the additional restrictions concerning affordability, operation and maintenance of the Development, as specified in this Agreement, the Agency and Owner wish to enter into this Agreement.
THEREFORE, the Agency and Owner hereby agree as follows.
RegAgmt_Hercules_Eden#2redlined (12/12/02) 1
' '
1.1 Definitions.
ARTICLE 1
DEFINITIONS
When used in this Agreement, the following terms shall have the respective meanings assigned to them in this Article 1.
(a) "Adjusted Income" shall mean the total anticipated annual income of all persons in a household, as calculated in accordance with 25 California Code of Regulations Section 6914 or pursuant to a successor State housing program that utilizes a reasonably similar method of calculation of adjusted income. In the event that no such program exists, the Agency · shall provide the Owner with a reasonable similar method of calculation of adjusted income as provided in said Section 6914.
(b) "Agency" shall mean the Redevelopment Agency of the City of Hercules. (c) "Agreement" shall mean this Regulatory Agreement.
( d) "Development" shall mean the Property and the 132 residential units to be developed on the Property, as well as any additional improvements, and all landscaping, roads and parking spaces existing thereon, as the same may from time to time exist. (d) . "Median Income" shall mean the median gross yearly income, adjusted for household size, in the County of Contra Costa, Cali_fomia, as published from time to time by the State of California. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the Agency shall provide Owner with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by the State.
(e) "Lower Income Household" shall mean a household whose income does not exceed the qualifying limits for lower income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 1937. The limits shall be published by the department in the California Administrative Code as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event such federal standards are discontinued, the department shall, by regulation, establish income limits for lower income households for all geographic areas of the state at 80 percent of area median income, adjusted for family size and revised annually.
(f) "Lower Income Rent" shall mean the maximum allowable rent for a Lower Income Unit pursuant to Section 2.2(b) below. ·
(g) "Lower Income Units" shall mean the units which, pursuant to Section 2 .1 (b) below, are required to be rented to Lower Income Households.
RegAgmt_ Hercules_ Eden#2redlined (12/12/02) 2
(h) "Owner" shall mean Eden Victoria Limited Partnership, a California limited partnership, and its successors and assigns to the Development. (i) "Property" shall mean the real property described in Exhibit A attached hereto and incorporate herein.
G) "Rent" shall mean the total of monthly payments by the Tenant of a Unit · for the following: (1) use and occupancy of the Unit and land and associated facilities, including parking; (2) any separately charged fees or service charges assessed by Owner which are required of all Tenants, other than security deposits; (3) an allowance for the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not telephone service or cable television service or any other utility or service permitted to be excluded from the calculation of Rent pursuant to the terms of25 California Code ofR~gulations Section 6918; and ( 4) any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than Owner, and paid by the Tenant. (k) "Tenant" shall mean a household occupying a Unit.
(1) "Term" shall mean the 57-year term of this Agreement, which shall commence on the date this Agreement is recorded and shall continue for fifty-seven (57) years from the date this Agreement is recorded.
(m) "Unit" shall mean one of the 132 rental units included in the Development. (n) "Very Low Income Household" shall mean a household whose incomes do not exceed the qualifying limits for very low income families as established and amended from time to time pursuant to Section 8 of the United States Housing Act of 193 7. Such limits shall be published by the department in the California Administrative Code as soon as possible after adoption by the Secretary of Housing and Urban Development. In the event such federal standards are discontinued, the department shall, by regulation, establish income limits for very low income households for all geographic areas of the state at 50 percent of area median income, adjusted for family size and revised annually.
( o) "Very Low Income Rent" shall mean the maximum allowable rent for a Very Low Income Unit pursuant to Section 2.2(a) below.
(p) "Very Low Income Units" shall mean the units which, pursuant to Section
2.l(a) below, are required to be rented to Very Low Income Households.
ARTICLE2
AFFORDABILITY AND OCCUPANCY COVENANTS
Owner agrees that, at all times during the fifty-seven year Term of this Agreement, it shall comply with the occupancy, rent, income and other restrictions and requirements set forth in below:
RegAgmt_ Hercules_ Eden#2redlined ( 12112/02) 3
'.
2.1 Occupancy Requirements.
(a) Very Low Income Units. Forty percent (40%) of the Units shall be rented to and occupied by or, if vacant, available for occupancy by Very Low Income Households. (b) Lower Income Units. The remaining Units shall be rented to and occupied by or, if vacant, available for occupancy by Lower Income Households, except that one of those units shall be a resident manager unit which shall not be subject to the rent and income restrictions set forth in this Agreement.
2.2 Allowable Rent.
(a) Very Low Income Rent. Subject to the provisions of Section 2.3 below, the monthly Rent charged to Tenants of the Very Low Income Units shall not exceed one-twelfth (1/12) of thirty percent (30%) of fifty percent (50%) of Median Income, adjusted for household size.
(b) Lower Income Rent. Subject to the provisions of Section 2.3 below, the monthly Rent charged to Tenants of the Lower Income Units shall not exceed the one-twelfth (1112th) of thirty percent (30%) of eighty percent (80%) of Median Income, adjusted for household size.
2.3 Increased Income of Tenants.
(a) Increase from Very Low Income to Lower Income. If, upon recertification of the income of a Tenant of a Unit, the Owner determines that a former Very Low Income Household's Adjusted Income has increased and exceeds the qualifying income for · a Very Low Income Household set forth in Section 1.1 (n) but is less than the maximum qualifying income for a Lower Income Household, then, upon expiration of the Tenant's lease:
(1) Such Tenant's Unit shall be considered a Lower Income Unit; (2) Such Tenant's Rent may be increased to a Lower Income Rent, upon sixty (60) days written notice to the Tenant; and
The Owner shall rent the next available Unit to a Very Low Income Household at a Rent not exceeding the maximum Rent specified in Section 2.2(a) to comply with the requirements of Section 2.l(a) and Section 2.2(a) above.
(b) Non-Qualifying Household. If, upon recertification of the income of a Tenant of a Unit, Owner determines that a former Very Low Income Household or Lower Income Household has an Adjusted Income exceeding the maximum qualifying income for Lower Income Households, such Tenant may be permitted to continue to occupy the Unit; however, upon expiration of the Tenant's lease and upon sixty (60) days written notice, the rent may be increased since the rent restrictions in this Agreement shall not apply to a former Very RegAgmt_Hercules_Edcn#2redlined (12/12/02) 4
Low Income Household or Lower Income Household whose Adjusted Income exceeds the maximum qualifying income for ~wer Income Households. For purposes of determining Owner,s compliance with this Agreement, the Owner shall be in compliance so long'as-the- - income level of the former Very Low Income Household or Lower Income Household was in compliance upon initial occupancy of that Tenant.
Owner shall rent the next available Unit to a Very Low Income Household or Lower Income Household, as applicable, to meet the requirements of Section 2.l(a) and 2.l(b) above. (c) Termination of Occupancy. Upon termination of occupancy of a Unit by a Tenant, such Unit shall be deemed to be continuously occupied by a household of the same income level as the initial income level of the vacating Tenant, until such Unit is reoccupied, at which time the income character of the Unit shall be redetermined.
2.4 Other Rules. If the Development is subject to state or federal rules governing funding sources such as low-income housing tax credits (the "Other Rules,,), the provisions of the Other Rules regarding assumed household size, shall apply in place of the provisions set forth in the applicable sections of this Agreement. · Upon such time as the requirements of the Other Rules no longer apply to the Development, the terms and conditions of this Agreement shall govern the occupancy of this Development. ·
2.5 Nondiscrimination. All of the Unit.s shall be available for occupancy on a continuous basis to members of the general public who are income eligible. Owner shall not give preference to any particular class or group of persons in renting or selling the Units, except to the extent that the Units are required to be leased to Very Low Income Households or Lower Income Households. There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g. AFDC or SSI), ancestry, or disability, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit nor shall Owner or any person claiming under or through Owner, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sub lessees, subtenants, or vendees of any Unit or in connection with the employment of persons for the construction, operation and management of any Unit.
All deeds, leases or contracts made relative to the Property, the improvements thereon or any part thereof, shall contain or be subject to substantially the following nondiscrimination clauses:
A. In deeds: "The grantee herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual preference, marital status, physical or mental handicap, national origin, ancestry, or familial status in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, RegAgmt_ Hercules_ Eden#2rcdlined ( 12/12/02) 5
use or occupancy of tenants, lessees, subtenants, sub lessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land".
B. In leases: "The lessee herein covenants by and for the lessee and lessee's heirs, personal representatives, and assigns, and all persons claiming under the lessee or through the lessee, that this lease is made subject to the condition that there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual preference, marital status, physical or mental handicap, national origin, ancestry, or familial status in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall the lessee or any person claiming under or through lessee establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sub lessees, subtenants or vendees in the land herein leased."
C. In contracts: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, sexual preference, marital status, physical or mental handicap, national origin, ancestry, or familial status in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land".
ARTICLE3
INCOME CERTIFICATION AND REPORTING
Owner agrees that, at all times during the fifty-seven year Term of this Agreement, it shall comply with the requirements set forth in this Article 3 and Articles 4 and 5 below:
3.1 Income Certification. Owner will obtain, complete and maintain on file, immediately prior to initial occupancy and annually thereafter, income certifications from each Tenant renting any of the Units in substantially the form approved by the Agency. Within ninety (90) days following the end of each fiscal year, Owner shall provide the Agency, a report showing the rent, annual income, and household size for each Tenant in the Development in a form approved by the Agency in its reasonable discretion.
3.2 Additional Information. Owner shall provide any additional information reasonably requested by Agency. Agency shall have the right to examine and make copies of all books, records or other documents of Owner which pertain to the Development.
3.3 Records. Owner shall maintain complete, accurate and current records pertaining to the Development, and shall permit any duly authorized representative of Agency to inspect records, including records pertaining to income and household size of Tenants. All Tenant lists, applications and waiting lists relating to the Development shall at all times be kept separate and identifiable from any other business of Owner and shall be maintained as required by Agency, in a reasonable condition for proper audit and subject to examination during business hours by RegAgmt_ Hercules_Eden#2redlined (12/12/02) 6
representatives of Agency. Owner shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least five (5) years. . -_. --. -:-.
3.4 On-site Inspection. Agency shall have the right to perform an on-site inspection of the Development at reasonable intervals. Owner agrees to cooperate in such inspection.
ARTICLE4 .
MANAGEMENT OF THE DEVELOPMENT
4.1 Maintenance. The Owner hereby agrees that, prior to the completion of construction of the Development, the portions of the Property undergoing construction shall be maintained in a neat and orderly condition to the extent practicable and in accordance with industry health and safety standards, and that, once construction of the Development is completed, the Development shall be well maintained by the Owner as to both external and internal appearance of the Units, the common _area, and the open spaces. The Owner shall maintain the Development in good repair and working order, and in a neat, clean and orderly condition, including the walkways, driveways, alleyways and landscaping, and from time to time make all necessary and proper repairs, renewals and replacement.
4.2 Management Agent. The Development shall at all times be managed by an experienced management agent reasonably acceptable to Agency, with demonstrated ability to operate residential facilities like the Development in a manner that will provide decent, safe, and sanitary housing (as approved, the "Management Agent"). The Owner shall submit for Agency's approval the identity of any proposed Management Agent. The Owner shall also submit such additional information about the background, experience and financial condition of any proposed Management Agent as is reasonably necessary for Agency to determine whether the proposed Management Agent meets the standard for a qualified.Management Agent set forth above. If the proposed Management Agent meets the standard for a qualified Management Agent set forth above, Agency shall approve the proposed Management Agent by notifying the Owner in writing. Eden Housing Management, Inc. is hereby approved by the Agency as the initial Management Agent.
ARTICLE 5
MISCELLANEOUS
5.1 Term. The provisions of this Agreement shall apply to the Property for the entire Term. This Agreement shall bind any successor, heir or assign of the Owner, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the Agency.
5.2 Covenants to Run With the Land.-The Agency and the Owner hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land, and shall bind all successors in title to the Property, provided, however, that on the expiration of the Term of this Agreement said covenants and restrictions shall expire.
RegAgmt_Hercules_Eden#2redlined (12/12/02) 7
5.3 Enforcement by the Agency. If the Owner fails to perform any obligation under this Agreement, and fails to cure the default within thirty (30) days after the Agency has notified the Owner in writing of the default or, if the default cannot be cured within thirty (30) days;- - --- failed to commence to cure within thirty (30) days and thereafter diligently pursue such cure, the Agency shall have the right to enforce this Agreement by bringing an action at law or in equity to compel the Owner's performance of its obligations under this Agreement, and/or for damages, or any other remedy provided by law.
5 .4 Attorneys Fees and Costs. In any action brought to enforce this Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including attorneys' fees. This section shall be interpreted in accordance with California Civil Code Section 1 71 7 and judicial decisions interpreting that statute.
5.5 Recording and Filing. The Agency and the Owner shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Contra Costa.
5.6 Governing Law. This Agreement shall be governed by the laws of the State of California.
5.7 Waiver of Requirements. Any of the requirements of this Agreement may be expressly waived by the Agency in writing, but no waiver by the Agency of any requirement of this Agreement shall, or shall be deemed to, extend to or affect any other provision of this Agreement.
5.8 Amendments. This Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title, and duly recorded in the real property records of the County of Contra Costa.
5.9 Notices. Any notice requirement set forth herein shall be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows:
Owner: Eden Victoria Limited Partnership
409 Jackson Street
Hayward, California 94544
Attn: Executive Director
Agency: Redevelopment Agency of
the City of Hercules
111 Civic Drive
Hercules, California 9454 7
Attn: Community and Business Development Director
Such addresses may be changed by notice to the other party given in the same manner as provided above.
RegAgmt_Hercules_Eden#2redlined (12/12/02) 8
- .
5 .10 Severability. If any provision of this Agreement shall be invalid, illegal or -- - unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement shall not in any way be affected or impaired thereby.
5.11 No Impairment of Security Financing Interests. No violation or breach of the covenants, conditions, restrictions, provisions, or limitations contained 'in this Agreement shall defeat or render invalid or in any way impair the lien or change of any Security Financing Interest to which the lien of this Agreement has been subordinated in accordance with Health and Safety Code Section 33334.14.
IN WITNESS WHEREOF, the Agency and the Owner have executed this Agreement, in counterparts, by duly authorized representatives, all on the date first written above.
Approved as to form:
EDEN VICTORIA LIMITED PARTNERSHIP,
a California Limited Partnership
By: Eden Housing, Inc., a California
nonprofit public benefit corporation; its
general partner
• l
B t....,., y: _______ _
LinaMando1ini
Executive Director
RED VELOPMENT AGENCY OF THE CITY OF
HER ES, a public body, corporate and politic
Michael A. Sakamoto
Executive Director
Attest:
By:
-----------Alfred A. Cabral
Agency Counsel
RegAgmt_ Hercules_ Eden#2redlined (12/12/02) 9
CALIFORNIA ALL-PURPOSE ACKNOWLEDGME ,NT
_. --. -.
State of California
County of ~ ~,
On /~ - /.3 -O;;. , before me, ----"L.."'--'r'--"e=ie,_,_n--=S"=. -:'-M~......,........,...~~~~~i.c...v Date Name and TIiie of Officer (e.g., 'Jane D
personally appeared _L_/V}.L....L...!, ..... ·c..,,_)J ..... (U!_-..;,..j/L--L-B---=&h,==~a_~~m_,_,O~fo:,,::__ ______ _ Name(s) of Signer(s)
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DOREENS. MATHEWS
_ Commission# 1219451 z
i Notary Public - California .~
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l~rsonally known to me
~;oved to me on the basis of satisfactory
evidence
to be the person(s) whose name(s) is/9'€
subscribed to the within instrument and
acknowledged to me that he/~/tt)ey executed
the same in his/1)6'/tpe'ir authorized
capacity(ies), and that by his/l)ef/t!).irtr
signature(s) on the instrument the person(s'), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
J)191 t; ~ d ?n~
. Signature al Notary Public
----------OPTTONAL----------
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Do9¥11ent .J... &
Title or Type of Document: KP-<jpld~~ 0-gt ll -!WAI. j--(tefe._.,___ · Number of Pages: __ /_/ ___ _ Document Date: /,J.-/4-0B Signer(s) Other Than Named Above: _____________________ _ c.apacity(ies) Claimed, by~igner ..JLLC°' ~ ~ j
Signer's Name: M I C::::fJ () '€ / lL sX::L. !:LP tY!G' L. 0 D Individual C ~
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~Corporate Officer- Title(s): ~( ~ mMetg eJ1!.,
RIGHT THUMBPRINT
OF SIGNER
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D Trustee
D Guardian or Conservator
D Other: ________________________ _
Signer Is Representing: ---"(""--,:.c__,•f~y.___ -."""l(l'-----'-(-/,._..,e __ l'i__.C...__LL-.b .... ·~--J.__ ___ ~------' 'I
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ie 1997 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 • Chatswor1h, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 .. 1.
STA TE OF CALIFORNIA
COUNTY OF Alameda _________________ _ _ .... _ --
On 12-18-02 , before me, Suz.anne H. Smith
personally appeared Linda Mandolini
( x )personally lcnown to me- OR-( )proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) I II n, II II II II = ,.,,,,,,,,,,,,,,,,,,, .
Na····••, SUZANN1:""
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111m11111u, ; • . COMM NOH. SMITH :::
.r - . - NOTARY PUBLI . 1230250 i = . AI.AMEo/co· CUALIFORNIA :n ;;, My comm . IVTY Cl> 11111111111111111111111 . e)(p,res Aug. 24, 2003 !!
. II Ill II 11111 Ill II II II Ill I Ill I~
(This area for official notarial seal)
STA TE OF CALIFORNIA
is/are subscribed to the within instrument and aclcnowledgcd to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person( s}, or the entity upon behalf of which the pc:rson(s) acted, ccecuted the in~ent.
WITNESS my hand and official seal.·
DESCRIPTION OF ATTACHED DOCUMENT
DESCRIPTION OF DOCUMENT (OPTIONAL)
COUNTY OF __________________ _
On _______________ __,before me, ________________ __,
penonally ~-----------------------------------
( )personally lcnown to me - OR- ( )proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
(This area for official notarial seal)
ESCROW NO. 54605-52222702-SHS
TITLE ORDER NO. 52702411
. WITNESS my hand and official seal.
DESCRIPTION OF ATTACHED DOCUMENT
DESCRIPTION OF DOCUMENT (OPTIONAL)
Description:
The land referred to herein is situated in the State of California, County of Contra Costa, City of Hercules, and is described as follows:
'PARCEL ONE: -- -. -.
A PORTION OF ADJUSTED PARCELS 4 AND 5 AS SHOWN ON THE LOT LINE ADJUSTMENT RECOf3.DED FEBRUARY 1, 2002 IN SERIES NUMBER 2002-36043, RECORD~ OF CONTRA COSTA COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTH CORNER OF SAID ADJUSTED PARCEL 5; THENCE NORTH 37° 47' 42" WEST 642.62 FEET; THENCE NORTH 47° 19' 57" EAST 611.50 FEET TO A POINT ON THE
SOUTHWESTERLY RIGHT OF WAY LINE OF VICTORIA CRESCENT WEST SAID POINT BEING THE · BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 505.00 FEET, WHOSE RADIUS BEARS SOUTH 46° 48' 07" WEST 505.00 FEET; THENCE EASTERLY ALONG SAID RIGHT OF WAY AND SAID CURVE AN ARC DISTANCE OF 227.11 FEET THROUGH A CENTRAL ANGLE OF 25° 46' 01" TO A TANGENT REVERSE CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 545.00 FEET, WHOSE RADIUS BEARS NORTH 72° 34' 08" EAST 545.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AN ARC DISTANCE OF 283.89 FEET THROUGH A CENTRAL ANGLE OF 29° 50' 45"; THENCE LEAVING SAID VICTORIA CRESCENT WEST RIGHT OF WAY SOUTH 38° 46' 30" WEST 76.39 FEET; THENCE SOUTH 51° 22' 26" EAST 75.00 FEET TO A POINT ON THE NORTHERLY LINE OF SAN PABLO AVENUE RIGHT OF WAY; THENCE ALONG SAID RIGHT OF WAY SOUTH 38° 46' 30" WEST 470.48 FEET; THENCE SOUTH 41° 47' 16" WEST 24.46 FEET; THENCE LEAVING SAID RIGHT OF WAY NORTH 37° 47' 42" WEST 15.25 FEET; THENCE SOUTH 41° 47' 16" WEST 15.25 FEET TO THE POINT OF BEGINNING.
BEING LOT 2 AS SHOWN ON CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT RECORDED NOVEMBER 8, 2002.
· APN: 404-030-35 (PORTION)
404-030-036 (PORTION)
PARCEL TWO:
PARCEL E, AS SHOWN ON THE MAP OF SUBDIVISION 8560, FILED AUGUST 16, 2001, MAP BOOK 433, PAGE 16, CONTRA COSTA COUNTY RECORDS. . .
APN: 404-030-041
EXCEPTING FROM PARCELS ONE AND TWO:
25% OF ALL OIL, GAS AND OTHER HYDROCARBONS AND ANY OTHER MINERALS OR MINERALS RIGHTS BELOW A DEPTH OF 500 FEET WITHOUT SURFACE RIGHTS OR RIGHT OF ENTRY, AS RESERVED IN THE DEED FROM HERCULES POWER COMPANY RECORDED MAY 19, 1965, IN BOOK 4871 OF OFFICIAL RECORDS, PAGE 223 AND AS RESERVED IN THE DEED FROM HERCULES POWER COMPANY RECORDED SEPTEMBER 20, 1965, IN BOOK 4955 OF OFFICIAL RECORDS, PAGE 222.
PARCEL THREE:
A RIGHT OF WAY (NOT TO BE EXCLUSIVE) AS AN APPURTENANCE TO PARCELS ONE AND TWO
ABOVE, AND ANY SUBDIVISION OR SUBDIVISIONS THEREOF, FOR USE AS A ROADWAY FOR
VEHICLES OF ALL KINDS, PEDESTRIANS AND ANIMALS, FOR WATER, GAS, OIL, AND SEWER
PIPE LINES, AND FOR TELEPHONE, CABLE, ELECTRIC LIGHT AND POWER LINES, TOGETHER
WITH NECESSARY POLES OR UNDERGROUND CONDUITS TO CARRY SAID LINES, OVER, UNDER, AND UPON THE AREAS DESIGNATED AS "VICTORIA CRESCENT WEST" FUTURE STREET AND 'VICTORIA PARK" FUTURE STREET, AS SHOWN ON THE FILED MAP.
Order No.: 56901-52702411-BRM