Agenda packet — Vallejo City Council, May 23, 2023 (part 5 of 5)

\
S39°39'20"E
139.85'
S30°07'16'E

65.43'

EXHIBIT E

DESCRIPTION OF PUBLIC TRUST PARCEL VI
FOR

All of EDC Parcel VI as shown on that certain map entitled "Record of Survey showing Parcel VI for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24 Surveys Page 69, Solano County Records, Solano County, State of California.

EXCEPTING THEREFROM
A portion of that certain parcel of land described in Exhibit N, Description of Trust Termination Island Energy of the Mare Island Property Settlement and Exchange Agreement, recorded on _____ in Book ___ , Page(s) ____ , Solano County Records.

Said parcel contains 47.71 acres, more or less; attached plat for reference only.

END OF DESCRIPTION

Page 15 of 40 ends

200

SCALE IN FEET
0 --1"-400'
400

EXHIBITE
DESCRIPTION OF PUBLIC TRUST PARCEL VIia
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
A parcel of property being a portion of Former Mare Island Naval Shipyard, situated in the City of Vallejo, Solano County, California and being a portion of EDC Parcel VII as shown on that certain map entitled "Record of Survey showing Parcel VII for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24, Surveys, Page 66 as amended January 24, 2002 in Book 25 Surveys at

Page 14 ends

being a portion of those lands described as Area E of the "Remedial Action Plan Investigation Area E Mare Island Shipyard" in the files of the State of California Department of Toxic Substance Control and being a portion of that parcel described in Exhibit "B" legal description of that Quitclaim Deed by the United States of America and granted to the City of Vallejo and recorded in Series Number 2001-00120696 Solano County, State of California, and more particularly described as follows:

Beginning at a point with CCS83 Zone II (NAD 83) Coordinates of Nl 790056.34 feet, E6488146.33 feet lying North 27°27'14" West, 233.57 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with CCS83 Zone II (NAD 83) Coordinates of N1789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys Page 51, Solano County Records, from which a 2½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc. Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 35° 54' 10" West 17,225.54 feet;
Thence from said Point of Beginning,
1) Along the southerly line of the Golf Course Parcel as shown on the Record of Survey recorded in Book 24 Surveys Page 89 and along the northerly line of said EDC Parcel VII North 38°19'29" West, a distance of 471.04 feet; 2) Thence North 76°44'40" West, a distance of 270.82 feet; 3) Thence North 40°42'36" East, a distance of 884.58 feet; 4) Thence North 43 ° 14'01" West, a distance of 191. 22 feet, to a point on the boundary of said Area E;

Page 17 of 40 ends

EXHIBITE
·DESCRIPTION OF PUBLIC TRUST PARCEL VIia
FOR
MAREISLANDP~OPERTYSETTLEMENTANDEXCHANGEAGREEMENT
5) Thence along said boundary, and leaving said Golf Course Parcel and EDC Parcel VII South 71 °26'56" East, a distance of 781.93 feet;
6) Thence along said boundary and leaving the easterly line of said Area E, South 52°40'30" West, a distance of 253.17 feet;
7) Thence South 36°50'1~" East, a distance of 345.71 feet; 8) Thence North 52°53'25" East, a distance of 167.77 feet to a point on the boundary of said parcel as described in said Quitclaim Deed;
9) Thence along said quitclaim parcel and leaving the easterly line of said Area E South 29°03'17" East, a distance of 162.49 feet;
10) Thence South 36 ° 41 '57'' East, a distance of 887. 04 feet to a point on said Area E and leaving said Quitclaim parcel, said point also being the beginning of a non tangent curve concave to the South having a radius of 555. 82 feet and a ce1:1tral angle of 46°46'23"and being subtended by a chord which bears South 59°55'23" West 441.24 feet;
11) Thence along said curve, a distance of 453.74 feet; 12) Thence non-tangentially 616.80 feet along a curve concave to the North having a radius of 752.61 feet and a central angle of 46°57'25" and being subtended by a chord which bears South 60°00'54" West 599.69 feet;
13) Thence North 82°30'51" West, a distance of 328.57 feet; 14) Thence South 82°56'55" West, a distance of 266.26 feet; 15) Thence South 54°59'12" West, a distance of 82.26 feet; 16) Thence South 24°26'29" West, a distance of 343.47 feet; 17) Thence North 84°44'12" West, a distance of 105.49 feet; 18) Thence North 47°45'25" West, a distance of 177.66 feet; 19) Thence North 67°39'41" West, a distance of 147.93 feet;

Page 18 of 40 ends

EXHIBITE
DESCRIPTION OF PUBLIC TRUST PARCEL VIia
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
20) Thence North 40° 15'24" West, a distance of 61.28 feet; 21) Thence North 11 °47'44" West, a distance of 140.95 feet; 22) Thence North 70°48'04" West, a distance of 166.80 feet; 23) Thence North 34°08'32" West, a distance of 159.21 feet; 24) Thence North 51 °36'04" West, a distance of 118.34 feet; 25) Thence North 36°43'28" West, a distance of 185.38 feet; 26) Thence South 76°09'38" West, a distance of 263.46 feet to a point on said Quitclaim parcel and leaving said boundary of Area E;
27) Thence along said parcel, North 31 °26'32" West, a distance of 15.73 feet to a point of the southerly line of said Golf Course Parcel and the northerly line of said EDC Parcel VII;
28) Thence leaving said Quitclaim parcel and along the southerly line of said Golf Course Parcel and along the northerly line of said EDC Parcel VII North 60°18'40" East, a distance of 337.47 feet;
29) Thence South 80°14'40" East, a distance of 953.89 feet; 30) Thence North 36°48'05" East, a distance of 406.43 feet to the Point of Beginning;

EXCEPTING THEREFROM
All that certain land as shown and so designated on that unrecorded map entitled "Record of Survey, Radio Tower Site, Transfer to U.S. Coast Guard, 0.33 Acre Parcel, Mare Island, Vallejo", as surveyed by the Surveying and Mapping Branch of the Department of the Navy, and filed as Drawing No: C-104389, Naval Facilities Engineering Command, EFA West, San Bruno, California.

Said parcel contains 57.85 acres, more or less; attached plat for reference only.

Page 19 of 40 ends

EXHIBITE
DESCRIPTION OF PUBLIC TRUST PARCEL VIia
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT

BASIS OF BEARING
The bearing of N35°54' lO"W between the found standard brass disk stamped "Mare ID SE 1852 1932" (USC&GS first order triangulation point named "SEMARE") and the horizontal control network point labeled "HCN-03" as both points are shown on the map filed for record in Book 24 Surveys Page 51, Solano County Records was taken as the Basis of bearing for this legal description and is the California Coordinate System 1983 (CCS83), Zone 2.

All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043

END OF DESCRIPTION

Page 20 of 40 ends

s10°48'04"
166.80'
S11
1 S4

EXHIBITE
DESCRIPTION OF PUBLIC TRUST PARCEL VIIb
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
A parcel of land being a portion of Former Mare Island Naval Shipyard, situated in the City of Vallejo, Solano County, California and more particularly described as follows:_ All of EDC Parcel VII as shown on that certain map entitled "Record of Survey showing Parcel VII for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 25, Surveys, Page 14, Solano County Records, Solano County, State of California.

EXCEPTING THEREFROM THE FOLLOWING TWO PARCELS:

Public Trust Parcel VIia
A portion of that certain parcel of land described in Exhibit E, Description of Public Trust Parcel VIIa of the Mare Island Property Settlement and Exchange Agreement, recorded on ____ _ in Book ___, Page(s) ____ , Solano County Records.

U.S. Coast Guard Parcel -All that certain land as shown and so designated on that unrecorded map entitled "Record of Survey, Radio Tower Site, Transfer to U.S. Coast Guard, 0.33 Acre Parcel, Mare-Island, Vallejo", as surveyed by the Surveying and Mapping Branch of the Department of the Navy, and filed as Drawing No. C-104389, Naval Facilities Engineering Command, EFA West, San Bruno, California.

Said parcel contains 142.30 acres, more or less, attached plat for reference only.

END OF DESCRIPTION

Page 22 of 40 ends

SCALE IN FEET
200 0 400
Public Trust Parcel VII b
City of Vallejo, Solano County, CA.

February 21, 2002
City of Vallejo, Solano County, CA.

February 21, 2002 S88'4~W __ _
- 1478.93'

SCALE IN FEET
0 400
----
200

SCALE IN FEET
0 400
A
0 L=616.80
Delta=46°57lt~
CB=S60°00'
CL=599.69'
S88°42..'.!l!L"W_ -_ -· 1476.93'
EXHIBIT E ------Page 25-ef-40
1>Iat to Acco~~any f
Legal Descnption o
Public Trust Parcel VII b
. f-Uallejo Solano County, CA.Cityo v, ,
February 21, 2002

EXHIBITE
DESCRIPTION OF PUBLIC TRUST PARCEL Xa
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
All that real property situate on the Former Mare Island Naval Shipyard, City of Vallejo, County of Solano, State of California. Being a portion of the land shown within the boundary of that parcel shown and so delineated on the map filed for record on August 27, 2001 in Book 24 Surveys Pages 51 to 56, inclusive, County of Solano Official Records, said Map entitled "Record of Survey of the Land shown on the Record of Survey filed in Book 21 of Surveys at Page 94 of Solano County Records and Certificate of Correction filed April 26, 2001 at Series Number 2001- 00041434", Retracement of Tract 38 of the Joy Survey entitled, "Fractional Township 3 North, Range 4 West", approved by the US Survey General's Office October 24, 1923, accepted N,ovember 8, 1923 and filed with the Bureau of Land Management, Mount Diablo Base and Meridian, County of Solano, State of California, said portion being more particularly described as follows:

Beginning at a point with CCS83 Zone II· (NAD 83) Coordinates of N1792740.90 feet, E6483890.50 feet lying North 56°27'59" West, 5234.47 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with NAD 83 Zone II Coordinates of N1789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain.Record of Survey filed for record in Book 24 Surveys Page 51, from which a 2 ½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc. Orinda, CA., 3" and referred to as "HCN- 3" on said Map bears North 35°54'10" West 17,225.54 feet, Thence from said Point of Beginning;
1) North 71 °53'07" East, a distance of 56.46 feet to a point on the Golf Course Parcel as shown on that Record of Survey recorded in Book 24 Surveys Page 88, Solano County Records; 2) Thence along the west line of said Golf Course Parcel South 31 °39'04" East, a distance of 700.69 feet;
3) Thence South 34°59' 15" East, a distance of 161.98 feet; 4) Thence South 41 °35'08" Ea,st, a distance of 88.58 feet; 5) Thence South 36°37'56" East, a distance of 147.13 feet;. 6) Thence South 49°47' 11" East, a distance of 62.05 feet; PAGE26 OF40
C)

EXHIBITE
DESCRIPTION OF PUBLIC TRUST PARCEL Xa
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
7) Thence South 11 °23'46" West, a distance of 24.94 feet; 8) Thence South 61 °04'20 11 West, a distance of 31.68 feet; 9) Thence South 05°34'07" East, a distance of 29.29 feet; 10) Thence North 84°10' 19" East, a distance of 99.53 feet; 11) Thence South 73°55'26" East, a distance of 50.76 feet; 12) Thence South 34°03' 14 11 East, a distance of 21.08 feet; 13) Thence South 19°39'01 11 East, a distance of 42.04 feet; 14) Thence South 02°47'27 11 West, a distance of 148.64 feet; 15) Thence South 02°47'27 11 West, a distance of 94.12 feet; 16) Thence South 43 °04 '48 11 East, a distance of 291. 59 feet; 17) Thence South 46 °00' 48 11 East, a distance of 70. 09 feet; 18) Thence along a portion of the west line of said Golf Course Parcel South, and proceeding South 09°01 '42 11 East, a distance of 46.07 feet to a point along the west line of said Map 24 Surveys Page 51;
19) Thence leaving the west line of said Golf Course Parcel South and proceeding along the west line of said Map 24 Surveys Page 51 North 43°30' 18" West, a distance of 54.67 feet; .
20) Thence South 72°45'01 11 West, a distance of 329.97 feet; 21) Thence North 01 °28'51 11 East, a distance of 250.90 feet; 22) Thence North 22°15'40 11 West, a distance of 323.51 feet; (
23) Thence North 26°30'35 11 West, a distance of 666.80 feet; 24) Thence North 29°45'30" West, a distance of 171.66 feet; 25) Thence North 33°00'28 11 West, a distance of 450.53 feet to the Point of Beginning.

PAGE27 OF40
Cl

EXHIBITE
DESCRIPTION OF PUBLIC TRUST PARCEL Xa
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
Said parcel contains 5.10 acres, more or less; attached plat for reference only.

BASIS OF BEARING: The bearing of N35°54'10"W between the found standard brass disk stamped "Mare ID SE 1852 1932" (USC&GS first order triangulation point named "SEMARE")L and the horizontal control network point labeled "HCN-03" as both points are shown on the map filed for record in Book 24 Surveys Page 51, Solano County Records was taken as the Basis of bearing for this legal description and is the California Coordinate System 1983 (CCS83) Zone II (NAD 83).

All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043

END OF DESCRIPTION
PAGE28 OF40
~
I,
-~
(
--7 ___.),/
0 --------

FOUND POINT SEMARE DESCRIBED AS
~DUSC&GS BRASS DISK
/ STAMPED
'MARE ID SE 1852 1932,

ZONE II COORDINATES
(NAD83):

N 1789849.0637
S34°59'15"E E 6488254.0248
161.98'
TT~PARCEL
X yQUNG DR
291.59'
()

EXHIBIT E
DESCRIPTION OF PUBLIC TRUST PARCEL Xb
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
All that real property situate on the Former Mare Island Naval Shipyard, City of Vallejo, County of Solano, State of California. Being a portion of the land shown within the boundary of that parcel shown and so delineated on the map filed for record on August 27, 2001 in Book 24 Surveys Pages 51 to 56, inclusive, County of Solano Official Records, said Map entitled "Record of Survey of the land shown on the Record of Survey filed in Book 21 of Surveys at Page 94 of Solano County Records and Certificate of Correction filed April 26, 2001 at Series Number 2001- 00041434", Retracement of Tract 38 of the Joy Survey entitled, "Fractional Township 3 North, Range 4 West", approved by the US Survey General's Office October 24, 1923, accepted November 8, 1923 and filed with the Bureau of Land Management, Mount Diablo Base and Meridian, County of Solano, State of California, said portion being more particularly described as follows:

Beginning at a point with CCS83 Zone II (NAD 83) Coordinates of Nl 790987 .11 feet, E6485118.77 feet lying North 70° 02' 58" West, 3335.20 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with NAD 83 Zone II Coordinates of N1789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys Page 51, from which a 2½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc. Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 35°54'10" West 17,225.54 feet, Thence from said Point of Beginning;
1) South 66°26'05" East, a distance of 7.42 feet to a point on the Golf Course Parcel as shown on that Record of Survey, recorded in Book 24 Surveys Page 88, Solano County Records; 2) Thence along the west line of said Golf Course Parcel North 35°21 '50" East, a distance of

28.69 feet;
3) Thence North 14°32'46" East, a distance of 53.52 feet; 4) Thence North 54°48' 10" East, a distance of 39.78 feet; 5) Thence North 26°34' 18" West, a distance of 13.91 feet; PAGE 30 OF 40

EXHIBITE
DESCRIPTION OF PUBLIC TRUST PARCEL Xb
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
6) Thence South 73°02'55 11 East, a distance of 106.47 feet; 7) Thence South 44°54'57 11 East, ·a distance of 198.40 feet; 8) Thence South 35°15'20" West, a distance of 133.57 feet; 9) Thence South 39°19'37 11 East, a distance of 126.53 feet; 10) Thence North 79°45'43 11 East, a distance of 139.94 feet; 11) Thence South 36°48'05 11 East, a distance of 300.52 feet; 12) Thence North 76°43 '07'' West, a distance of 48.64 feet; 13) Thence South 32°42'51 11 West, a distance of 172.03 feet; 14) Thence South 52°44'46 11 East, a distance of 57.02 feet; 15) Thence North 44°21' 1811 East, a distance of 50.59 feet; 16) Thence North 76°33'34 11 East, a distance of 36.51 feet; 17) Thence South 75°38'47 11 East, a distance of 85.42 feet; 18) Thence South 46°35'34" East, a distance of 23.60 feet; 19) Thence South 07°48'46" East, a distance of 73.39 feet; 20) Thence North 81 °49'04 11 East, a distance of 26.23 feet; 21) Thence South 55°21' 18 11 East, a distance of 64.08 feet; 22) Thence South 38°04'57" East, a distance of 73.08 feet; 23) Thence South 41 °08' 14" East, a distance of 96.34 feet; 24) Thence South 12°56'32" West, a distance of 55.11 feet; PAGE31 OF40

EXHIBITE
DESCRIPTION OF PUBLIC TRUST PARCEL Xb
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
25) Thence South 49°19'53 11 East, a distance of 86.23 feet; 26) Thence South 55°25' 1411 East, a distance of 68.42 feet; 27) Thence South 59°06'54 11 East, a distance of 49.79 feet; 28) Thence South 60°39'58 11 East, a distance of 137.63 feet; 29) Thence South 49°49'07 11 East, a distance of 41.62 feet; 30) Thence South 31 °38 '26 11 East, a distance of 71.60 feet; 31) Thence South 70°59'58 11 East, a distance of 53.43 feet to a point on EDC Parcel VII as shown on that Record of Survey recorded in Book 25 Surveys Page 14 , Solano County Records;
• 32) Thence along a line of said EDC Parcel VII South 45°14'03 11 West, a distance of 175.12 feet to a point on said Map 24 Surveys Page 51;
33) Thence leaving said EDC Parcel VII line and proceeding along the west line of that parcel shown on Record of Survey Map 24 Surveys Page 51, South 58°29'53" West, a distance of 105.58 feet;
34) Thence North 35°45'26 11 West, a distance of 561.15 feet; 35) Thence North 40°00'21 11 West, a distance of 316.88 feet; 36) Thence North 35°15'26 11 West, a distance of 653.61 feet; 37) Thence North 43°30' 18 11 West, a distance of 243.40 feet to the Point of Beginning.

Said parcel contains 6.54 acres, more or less; attached plat for reference only.

BASIS OF BEARING: The bearing of N35°54'10"W between the found standard brass disk stamped "Mare ID SE 1852 1932" (USC&GS first order triangulation point named "SEMARE") PAGE 32 OF 40
()

EXHIBIT E
DESCRIPTION OF PUBLIC TRUST PARCEL Xb
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
and the horizontal control network point labeled "HCN-03" as both points are shown on the map filed for record in Book 24 Surveys Page 51, Solano Comity Records was taken as the Basis of bearing for this legal description and is the California Coordinate System 1983 (CCS83) Zone II (NAD 83).

All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043
END OF DESCRIPTION.

PAGE33 OF40
s12•55•32•w

55.11'
S59°06'54"E

49.79'

EXHIBITE

DESCRIPTION OF PUBLIC TRUST PARCEL XV
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
! A parcel of land being a portion of Former Mare Island Na val Shipyard, situated in the City of Vallejo, Solano County, California being a portion of EDC Parcel XV as shown on that certain map entitled "Record of Survey showing Parcel XV for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24 Surveys Page 60, and corrected by a Certificate of Correction filed 3 / 12 IO 2 at Series Number 2002- 314 9 5 Solano County Records, Solano County, State of California, and more particularly described as follows:

Beginning at a point with CCS83 Zone II (NAD 83) Coordinates of N1804754.67 feet, E6479478.33 feet lying North 30°29' 14" West, 17296.02 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with NAD 83 Zone II Coordinates of Nl 789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys Page 51, Solano County Records, from which a 2½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc.

Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 35° 54' 10" West 17,225.54 feet;
Thence from said Point of Beginning;
1) Along the north line of said EDC Parcel XV, also being the north line of the parcel as shown on that Record of Survey filed for record in Book 24 Surveys Page 51, Solano County Records, North 64°52' 15 11 East, a distance of 399.60 feet to the northwest corner of EDC Parcel II as shown on that Record of Survey, recorded in Book 24 Surveys Page 74, Solano County Records and corrected by a Certificate of Correction filed 3 / 12 IO 2 at Series Number 2002- 314 91 , also being the northeast corner of said EDC Parcel XV; 1) Thence leaving the north line of that parcel shown on Record of Survey filed in Book 24 Surveys Page 51, and proceeding along the west line of said EDC Parcel II, also being the east line of said EDC Parcel XV, South 26°55'36 11 East, a distance of 1191.08 feet; 2) Thence leaving the east line of said EDC Parcel XV and the west line of said EDC Parcel II and proceeding North 37°30'45 11 West, a distance of 574.13 feet; 3) Thence North 31 °54'55 11 West, a distance of 234.55 feet;

Page 35 of 40 ends

EXHIBIT E

DESCRIPTION OF PUBLIC TRUST PARCEL XV
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
4) Thence North 26°35'45" West, a distance of 254.30 feet; 5) Thence South 66°37'29" West, a distance of 281.30 feet; 6) Thence North 24°27'49" West, a distance of 133.99 feet to the Point of Beginning.

Said parcel contains 3.32 Acres, more or less; attached plat for reference only.

BASIS OF BEARING: The bearing of N35°54'10"W between the found standard brass disk stamped "Mare ID SE 1852 1932" (USC&GS first order triangulation point named "SEMARE") and the horizontal control network point labeled "HCN-03" as both points are shown on the map filed for record in Book 24 Surveys Page 51, Solano County Records was taken as the Basis of bearing for this legal description and is the California Coordinate System 1983 (CCS83) Zone II (NAD 83).

All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043.

END OF DESCRIPTION.

Page 36 of 40 ends

EXHIBIT E

DESCRIPTION OF PUBLIC TRUST PARCEL XVII
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
A parcel of land being a portion of Former Mare Island Naval Shipyard, situated in the City of Vallejo, Solano County, California and being a portion of EDC Parcel XVII as shown on that · certain map entitled "Record of Survey showing Parcel XVII for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24 Surveys Page 59 as amended January 24, 2002 in Book 25 Surveys Page 13, Solano County Records, Solano County, State of California, and more particularly described as follows:

Beginning at a point on the west line of said EDC Parcel XVII with CCS83 Zone II (NAD 83) Coordinates of N 1798538.84 feet, E6480197.70 feet lying North 42°50'01" West, 11849.01 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with NAD 83 Zone II Coordinates of Nl 789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys Page 51, Solano County Records, from which a 2½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc. Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 35° 54' 10" West 17,225.54 feet;
Thence leaving said west line from said Point of Beginning; 1) North 50°30'21" East, a distance of 512.28 feet;
2) Thence South 75°16'43" East, a distance of 357.92 feet; 3) Thence South 17°23'17" East, a distance of 148.03 feet; 4) Thence South 64°11' 19" East, a distance of 424.14 feet; 5) Thence South 36 °03 '04" East, a distance of 848 .16 feet; 6) Thence South 15°00'51" West, a distance of 244.39 feet; 7) Thence South 31 °23'04" East, a distance of 360.78 feet; 8) Thence South 00°00'44" West, a distance of 282.34 feet to a point on the south line of said EDC Parcel XVII, also being a point on EDC Parcel XII as shown on that Record of Survey recorded in Book 25 Surveys Page 12, Solano County Records;

Page 38 of 40 ends

9) Thence along the south line of said EDC Parcel XVII and the north line on said EDC Parcel XII South 46°03 '35" West, a distance of 313.52 feet;
10) Thence South 52 °25'26" West, a distance of 142.73 feet to a point on the west line of that parcel shown on said Map 24 Surveys Page 51, also being the shared corner of said EDC Parcel XII, said EDC Parcel XVII and EDC Parcel XVIII as shown on that Record of Survey recorded in Book 25 Surveys Page 12, Solano County Records; 11) Thence leaving said line of EDC Parcel XII and the south line of said EDC Parcel XVII, and proceeding along the west line of said Map 24 Surveys Page 51, also being the west line of said EDC Parcel XVII, North 34 °30'26" West, a distance of 1056.15 feet; 12) Thence North 34°07'26" West, a distance of 672.08 feet; 13) Thence North 44 ° 45' 15" West, a distance of 677. 49 feet to the Point of Beginning.

Said parcel contains 38.33 acres, more or less; attached plat for reference only.

BASIS OF BEARING: The bearing of N35°54;10"W between the found standard brass disk stamped "Mare ID SE 1852 1932" (USC&GS first order triangulation point named "SEMARE") and the horizontal control network point labeled "HCN-O3" as both points are shown on the map filed for record in Book 24 Surveys Page 51, Solano County Records was taken as the Basis of bearing for this legal description and is the California Coordinate System 1983 (CCS83) Zone II (NAD 83).

All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043.

END OF DESCRIPTION.

Page 39 of 40 ends

Public Trust Parcel XVII
City of Vallejo, Solano County, CA.

February 15, 2001

EXHIBIT F

DESCRIPTION OF NORTH HOUSING SITE

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
All of Parcel No. 3 as described on that certain quitclaim deed, recorded July 12, 1978 in Book 1978, Page 56592 as Instrument No. 32605, Solano County Official Records, Solano County, State of California.

END OF DESCRIPTION

Page 1 of 1 ends

EXHIBITG

DESCRIPTION OF PUBLIC TRUST EASEMENT
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
All that real property situate on the Former Mare Island Naval Shipyard, City of Vallejo, County of Solano, State of California. Being a 20 foot wide Public Trust Easement shown within the boundary of that parcel shown and so delineated on the map filed for record on August 27, 2001 in Book 24 Surveys Pages 51 to 56, inclusive, County of Solano Official Records, said Map entitled "Record of Survey of the land shown on the Record of Survey filed in Book 21 of Surveys at Page 94 of Solano County Records and Certificate of Correction filed April 26, 2001 at Series Number 2001-00041434", Retracement of Tract 38 of the Joy Survey entitled, "Fractional Township 3 North, Range 4 West", approved by the US Survey General's Office October 24, 1923, accepted November 8, 1923 and filed with the Bureau of Land Management, Mount Diablo Base and Meridian, County of Solano, State of California, said portion being more particularly described as follows:

BEGINNING at a point along the easterly line of Public Trust Parcel IV as described in Exhibit E of this Agreement, Mare Island Property Settlement and Exchange Agreement as recorded in Book __ Official Records Page ___, Solano County Records, South 06° 28' 51" West 111.57 feet from the intersection of the two courses North 06° 28' 51" East and South 49° 51' 40" West, said point with CCS83 Zone II (NAD 83) Coordinates of N1794661.89 feet, E6486368.61 feet lying North 21 ° 23' 34" West, 5168.63 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with CCS 83 Zone II (NAD83) Coordinates of N1789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys Page 51, Solano County Records, from which a 2½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc_. Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 35° 54' 10" West 17,225.54 feet; Thence from said Point of Beginning;
1) Along said easterly line South 06° 28' 51" West, a distance of 376.93 feet; 2) Thence southerly along the arc of a non-tangent curve, the center of circle which bears South 83° 24' 16" East 156.53 feet, through a central angle of 46° 04' 49", for an arc distance of 125.89 feet;
3) Thence non-tangentially South 39° 35' 59" East, a distance of 464.55 feet to the south line of said EDC Parcel IV;
PAGE 1 OF3

EXHIBITG

DESCRIPTION OF PUBLIC TRUST EASEMENT
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
PAGE2 OF 3
4) Thence along said south line South 54° 46' 07'' West, a distance of20.06 feet; 5) Thence leaving said south line North 39° 35' 59" West, a distance of 462..37 feet; 6) Thence northerly along the arc of a non-tangent curve, the center of circle which bears North 50° 17_' 24" East 176.53 feet, through a central angle of 46° 18' 02", for an arc distance of 142.65 feet;
7) Thence non-tangentially North 06° 28' 51" East, a distance of 398.99 feet; thence 8) Thence South 35° 40' 43" East, a distance of 29.80 feet to the Point of Beginning.

Said Easement contains 19,714 sq. ft. more or less (0.45 acres)

BASIS OF BEARING
The bearing of N35°54'10"W between the found standard brass disk stamped "Mare ID SE 1852 1932" (USC&GS first order triangulation point named "SEMARE") and the horizontal control network point labeled "HCN-03" as both points are shown on the map filed for record in Book 24 Surveys Page 51, Solano County Records was taken as the Basis of bearing for this legal description and is the California Coordinate System 1983 (CCS83), Zone 2.

All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043

END OF DESCRIPTION

EXHIBIT H

DESCRIPTION OF INDUSTRIAL EASEMENT
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
An easement parcel bei_ng a portion of the Former Mare Island Navel Shipyard, situated in the City of Vallejo, Solano County, California and being a portion of EDC Parcel IV as shown on that certain map entitled "Record of Survey showing Parcel IV for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24, Surveys, Page 71, Solano Country Records, Solano County, State of California. and more particularly described as follows:

Containing 4.96 acres more or less
This description is based on California Coordinate System 1983, Zone 2. All distances and area are grid and in feet (grid to ground scale factor 0.99993193

END OF DESCRIPTION
1 CURVE TABLE

CURVE LENGTH RADIUS
C1 203.31' 130.00'
C2 250.24' 160.01'
Delta (J
89"36'21"
89"36'21"
,796,188.71
,484,625.77
N54"21'~1"E
431.06
POB-Uti--"'--~~~
S35"38'09"E

80.01'
381.40' C -:;.

N54"21'51"E 7 (

RETRACEMENT
GLOTRACT38

JOY SURVEY LINE
(21RS94)
INDUSTRIAL_/-;;, (/)
EASEMENT ·:: ~ :- . c5 (/) .;. _,.
vi . . -
Ol .· -I>-• -: OJ
0 ·.· = _,. . . rri
.i,: ::

OJ_ : -:
ei •••.

POC

FOUND NGS MONUMENT
MARE ID SE 1852, 1932
N 1,789,849.06 (2lRS94)
E 6,488,254.02 ·
NOTE:

Basis of Bearings shown hereon are
based on California Coordinate System
83, Zone 2. All distances are grid
and in feet. ·
EDC

PARCEL IV
24 SURVEYS 1
EXHIBI.T H
WO 25116 Page 2 of2 Date 02/15/02 rev
Date 02/.12/.02
Plat o/ Industrial /i'asement
/J'.l}C Paroel IV
Hare Island - Vallefo CA

CALIFORNIA STATE

LANDS COMMISSION
f-.-•::::;;:.':.~
~:1'.'.\
ti)
C)

EXHIBIT I

DESCRIPTION OF PUBLIC TRUST PARCELS I AND IX
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
PARCELi
A parcel of tide and submerged land situated in the City of Vallejo, Solano County, California being a portion of those lands commonly known as Mare Island Naval Shipyard as conveyed to the United States for Military Purposes by the State of California by an Act approved March 9, 1897 in Chapter 81, Statutes of 1897 and an Act approved July 13, 1963 in Chapter 1452, Statutes of 1963, said parcel being more particularly described as follows:

COMMENCING at National Geodetic Survey monument "MARE ID SE 1852 1932" having California Coordinate System 1983, Zone 2, coordinates of N =1,789,849.06 feet and E =6,488,254.02 feet as shown on that certain map entitled "Record of Survey for lands owned by the United States of America per the 1938 United States Supreme Court decision 'United States v. O'Donnell 303 U.S. 501' Retracement of Tract 38 of the Joy Survey entitled 'Fractional Township 3 North, Range 4 West, approved by the US Survey General's Office October 24, 1923, accepted November 8, 1923 and filed with the Bureau of Land Management"', as filed in Book 21 Surveys at Page 94, Solano County records; thence North 56°21 '31" West 5,257.60 feet to a found monum~nt, said monument being a 2 ½" aluminum disk stamped "McGill'Martin'Self, Inc., Orinda CA, LS 6951", having California Coordinate System 1983, Zone 2 coordinates of N = 1,792,761.73 feet and E = 6,483,876.95 feet and located on the boundary of said Tract 38 as shown on said Record of Survey and the POINT OF
BEGINNING of the herein described parcel; thence along said Tract 38 the following courses:
· 1) South 33° 00' 28" East 475.38 feet;
2) South 29° 45' 31" East 171.67feet;
3) South 26° 30' 35" East 666.84 feet;
4) South 22° 15'
40" East 323.53 feet;
5) South 01° 28' 51"West250.92feet;
6) North 72° 45' 01" East 329.99 feet;
7) South 43° 30' 18" East 488.54 feet;
8) South 35° 15' 26" East 653.65 feet;
9) · South 40° 00' 21" East 316.90 feet;
10) South 35° 45' 26" East 561.19 feet; thence leaving said Tract 38 boundary
11) South 35° 45' 26" East 3,128.57 feet to a point on the boundary of lands granted to the United States of America in Chapter 1452, Statutes of 1963 as shown on that Map filed in Book 22 Maps at Page 44 Solano County Records and the shoreline; thence along said grant boundary the following courses:
12) South 79° 30' 03" West 11,862.02 feet;
13) North 15° 38' 14" West 13,456.71 feet;
14) North 40° 11' 47" East 5682.87 feet to a found iron pipe, AP 5, as shown on said Map; thence leaving said grant boundary and southeasterly along said Tract 38 boundary the following courses:
15) South 54 ° 49' 07" East 545.96 feet;
16) South 47° 15' 13" East 2,284.27 feet;.
17) South 43° 00' 17" East 1,987.23 feet;
1'8) South 44° 45' 15" East 1,128.96 feet;
19) South 34° 07' 26" East 672.12 feet;
20) South 34 ° 30' 26" East 1,062.98 feet;
21) South 36° 45' 18" East 1,016.75 feet;
22) South 31 ° 30' 29" East 1,274.26 feet;
23) South 22° 45' 39" East 732.89 feet;
24) South 36° 15' 24" East 442.34 feet;
25) South 00° 13' 53" West 211.28 feet;
26) South 28° 00' 33" East 191.49 feet;·
27) South
\
44 ° 45' 16" East 363.13 feet;
28) South 11 ° 22' 53" East 297.77 feet to the point of beginning.

PARCEL IX
A parcel of tide and submerged land situated in the City of Vallejo, Solano County, California being a portion of those lands commonly known as Mare Island Naval Shipyard as conveyed to the United States for Military Purposes by the State of California by an Act approved May 11, 1854 in Chapter 43, Statutes of 1854 and an Act approved March 9, 1897 in Chapter 81, Statutes of 1897, . said parcel being more particularly described as follows:

Said parcel being bounded on the east and south by the east and south line of those lands granted to the United States described by said Grant of 1897; the most northerly line of said parcel bounded by the easterly prolongation of the north line between two angle points designated as AP2 and AP1 shown on that certain map entitled "Record of Survey for lands owned by the United States of America per the 1938 United States Supreme Court decision 'United States v.

O'Donnell 303 U.S. 501' Retracement of Tract 38 of the Joy Survey entitled 'Fractional Township 3 North, Range 4 West, approved by the US Survey General's Office October 24, 1923, accepted November 8, 1923 and filed with the Bureau of Land Management'", as filed in Book 2 ()
21 Surveys at Page 94, Solano County records said line bears North 64°52'15" East (CCS83 Zone 2) to its intersection with the east line of those lands granted in said statute; bounded landward by the easterly line of the following EDC Parcels, said easterly line beginning at the northeast corner of EDC Parcel II, as shown on the Record of Survey filed in Book 24 Surveys at Page 7 4, Solano County records, continuing southerly along said easterly line to the northeast corner of EDC Parcel IV, as shown on the Record of Survey filed in Book 24 Surveys at Page 71, Solano County records; continuing southerly along said easterly line to the southeast corner of said EDC Parcel IV; thence leaving said easterly line of EDC Parcel IV and continuing southerly South 39°39'20" East 684. 79 to the northeast corner of EDC Parcel V, as shown on the Record of Survey filed in Book 24 Surveys at Page 70, Solano County records; continuing southerly along said easterly line to a point on the shoreline shown on said Record of Survey continuing along said shoreline to the northeast corner of EDC Parcel VI, as shown on the Record of Survey filed in Book 24 Surveys at Page 69, Solano County records; continuing southerly along said easterly line to the northeast corner of EDC Parcel VII, as shown on the Record of Survey filed in Book 24 Surveys at Page 68, Solano County records; continuing southerly to the southeast corner of said .EDC Parcel VII; thence westerly along the landward boundary of said parcel to the southwest corner of said EDC Parcel VII; bounded on the southwesterly side by the southerly prolongation of the west line of said EDC Parcel VII, to its intersection with the southerly line of those lands granted in said 1897 statute.

This description is based on California Coordinate System 1983, Zone

2. All distances are grid and in feet (grid to ground scale factor

0.99993193)

END OF DESCRIPTION
3 r'\(~ N.JTE:

Basis of Bearings shown hereon are
based on California Coordinate System
83, Zone 2. All distances are grid
and in feet../),c;r--\\f:..
/ \ ~ \~ ·,:::::·, /
\/\ () () :._\:.\\\. GRANT BOUNDARY
C \,..,,.,'\ 'f; Cl ··/./: CHAP 81 STAT. 1897
% 'L.. ~ ::_•.:::

PUBLIC TRUST

PARCEL IX
::__ :_·._.:':_/::.:.'::\"::.)·/16v~b~.JM-rFJJ cid{~9l(/:• <' \ -h.\ .. __ ::/:::/..

EDCV

EXHIBIT I
WO 25116 Page 4 of4 Date 01 /17 /02
Plat of CALIFORNIA STATEPublic Trust Parcels I & IX
LANDS COMMISSIONHare Island - Vallefo CA

EXHIBITJ

FORM OF CITY DEED
Recorded at the Request of and
When Recorded Mail to:

State Lands Commission
100 Howe Avenue
Suite 100 South
Sacramento, CA 95825-8202
ATTN: Blake Stevenson

STATE OF CALIFORNIA
OFFICIAL BUSINESS:

Document entitled to free
Recordation Pursuant to
Government Code Section 27383

NOTAXDUE

CITY OF VALLEJO

GRANT DEED TO STATE OF CALIFORNIA
WHEREAS, the City of Vallejo ("City") and the State of California, acting by and through the State Lands Commission ("State"), have entered the Mare Island Property Settlement and Exchange Agreement ("Settlement Agreement"), which settles a title and boundary dispute between them with respect to certain lands in the City of Vallejo, County of Solano, State of California;
WHEREAS, the City, through Resolution No. 02-43 N.C. adopted by the City Council of the City of Vallejo on January 29, 2002, and the State, by its Calendar Item No. 36, duly adopted at its regular public meeting on June 27, 2000, and as amended by its Calendar Item No. 68, duly adopted at its Public Meeting on September 17, 2001, all after notice pursuant to the requirements oflaw, approved the Settlement Agreement. The Settlement Agreement has been recorded as Instrument No. ______ in the Official Records of the County of Solano on ________ , 2002. This grant deed is issued pursuant to the terms of the Settlement Agreement; and WHEREAS, all warranties or indemnities provided by the United States pursuant to the Defense Authorization Act of 1993, Pub. L. 102-484 § 330(a)(l), Defense Base Realignment and Closure Act of 1990, Pub. L. 105-510 § 2901 et seq., and the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9620(h), and pertaining to the release or threatened release of any hazardous substance, pollutant, contaminant, petroleum, or petroleum derivative resulting from Department of Defense activities, if any, are retained by the City and transferred to the State along with the grant of real property made herein.

NOW THEREFORE, the City does hereby forever grant to the State, any and all right, title, and interest in the real property located in the County of Solano described in Exhibit I attached hereto.

Witness my hand this _____ day of ___ , 2002.

CITY OF VALLEJO, a municipal corporation of
the State of California

STATE OF CALIFORNIA
COUNTY OF _____ _
On ___________ , 2002 before me, __________ _
____________ , personally appeared __________ _
personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity on behalf of which the person acted executed the instrument.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY
2 !00267V2
n
117063 v2

EXHIBITK

FORM OF CITY DEED OF PUBLIC TRUST EASEMENT
Recorded at the Request of and
When Recorded Mail to:

State Lands Commission
100 Howe Avenue
Suite 100 South
Sacramento, CA 95825-8202
ATTN: Blake Stevenson

STATE OF CALIFORNIA
OFFICIAL BUSINESS: C
Document entitled to free
Recordation Pursuant to
Government Code Section 27383

NOTAXDUE

CITY OF VALLEJO

DEED OF PUBLIC TRUST EASEMENT TO STATE OF CALIFORNIA
WHEREAS, the City of Vallejo ("City") and the State of California, acting by and through the State Lands Commission ("State"), have entered the Mare Island Property Settlement and Exchange Agreement ("Settlement Agreement"), which settles a title and boundary dispute between them with respect to certain lands in the City of Vallejo, County of Solano, State of California; and
WHEREAS, the City, through Resolution No. 02-43 N.C. adopted by the City Council of the City of Vallejo on January 29, 2002, and the State, by its Calendar Item No. 36, duly adopted at its regular public meeting on June 27, 2000, and as amended by its Calendar Item No. 68, duly adopted at its regular public meeting on September 17, 2001, all after notice pursuant to the requirements oflaw, approved the Settlement Agreement. The Settlement Agreement has been recorded as Instrument No. ______ in the Official Records of the County of Solano on _________ , 2002. This Deed of Public Trust Easement is issued pursuant to the terms of Paragraph 17 of the Settlement Agreement.

NOW THEREFORE, the City hereby grants to the State of California an easement for the purposes of commerce, navigation, and fisheries in, over, and upon the property described in Exhibit 1. Exhibit 1 is attached to this Deed of Public Trust Easement and incorporated by reference as a part of it. The easement for purposes of commerce, -------
n
navigation, and fisheries conveyed by this Deed of Public Trust Easement is identical to the easement for public trust purposes that is impliedly reserved in grants of tide and submerged lands by the State of California, which easement is described in People v. California Fish Co. (1913) 166 Cal. 576.

Witness my hand this _____ day of __, 2002.

CITY OF VALLEJO, a municipal corporation of
the State of California

STATE OF CALIFORNIA

COUNTY OF
On ___________ , 2002 before me, __________ _
____________ , personally appeared __________ _
personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity on behalf of which the person acted executed the instrument.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY
2 CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Deed of Public Trust Easement dated _______ , 2002, from the City of Vallejo to the State of California, acting by and through the State Lands Commission, is hereby accepted as lands of the legal character of sovereign tide and submerged lands by the undersigned officer or agent on behalf of the State of California, and the grantee consents to the recordation of the Deed of Public Trust Easement. Further, the Public Trust Easement in the land described is hereby exercised for the purposes oflay down, shipping, and crane movement, and the owner of the fee of the land described in Exhibit 1 of the Deed of Public Trust Easement may not use the land in Exhibit 1 in a manner which is inconsistent with lay down, shipping, and crane movement.

Dated: ______ , 2002

STATE LANDS COMMISSION
By:

Paul D. Thayer
Its: Executive Officer
3 EXHIBITL

FORM OF CITY DEED OF INDUSTRIAL EASEMENT
Recorded at the Request of and
When Recorded Mail to:

State Lands Commission
100 Howe Avenue
Suite 100 South
Sacramento, CA 95825-8202
ATTN: Blake Stevenson

STATE OF CALIFORNIA
OFFICIAL BUSINESS:

Document entitled to free
Recordation Pursuant to
Government Code Section 27383

NO TAX DUE

CITY OF VALLEJO

DEED OF INDUSTRIAL EASEMENT TO STATE OF CALIFORNIA
WHEREAS, the City ofVallejo ("City") and the State of California, acting by and through the State Lands Commission ("State"), have entered the Mare Island Property Settlement and Exchange Agreement ("Settlement Agreement"), which settles a title and boundary dispute between them with respect to certain lands in the City of Vallejo, County of Solano, State of California; and
WHEREAS, the City, through Resolution No. 02-43 N.C. adopted by the City Council of the City of Vallejo on January 29, 2002, and the State, by its Calendar Item No. 36, duly adopted at its regular public meeting on June 27, 2000, and as amended by its Calendar Item No. 68, duly adopted at its regular public meeting on September 17, 2001, all after notice pursuant to the requirements oflaw, approved the Settlement Agreement. The Settlement Agreement has been recorded as Instrument No. ______ in the Official Records of the County of Solano on _________ , 2002. This Deed of Easement is issued pursuant to the terms of Paragraph 18 of the Settlement Agreement.

NOW THEREFORE, the City hereby grants to the State, a perpetual easement consisting of a public right-of-way over the land described in Exhibit 1 (the "Industrial Easement"), according to the terms, covenants, and conditions stated below. The Industrial Easement shall be for .the purposes of the public and private movement of industrial products to and from the eastern waterfront of Mare Island at and surrounding the berth currently numbered Berth 20. The Industrial Easement lies within the land described in Exhibit 2, which is the servient tenement. The Industrial Easement shall be appurtenant to and benefit the land described in Exhibit 3. Exhibits 1, 2, and 3 are attached to this Grant of Easement and are made parts ofit by this reference. The Industrial Easement is granted subject to the following terms, covenants, and conditions:
(1) The servient tenement of the land within Exhibit 2 may make such use of the area within the Industrial Easement described in Exhibit 1 as does not interfere with or block the regular movement of industrial products over the Industrial Easement, such as parking cars or the temporary storage of industrial products, so long as they can be moved when necessary for industrial products to pass through the Industrial Easement to the waterfront.
(2) Public or private parties may use the Industrial Easement to move industrial products only upon three business days' notice to the parties then in possession of the land within Exhibit 1, so that cars and industrial products may be moved to permit use of the Industrial Easement.
(3) The Industrial Easement is subject to reasonable regulation by the Grantee regarding the hours during which it may be used and the restoration of any signs removed for products to pass through the Industrial Easement.
(4) Neither the Gran tor nor its successors or assigns shall be required to remove or relocate structures or improvements which existed within the Industrial Easement on January 17, 2002, including buildings, fencing, landscaping, utilities, utility vaults, transformers, streetlights, and other similar structures and improvements. However, the Grantor covenants that, if any structure or improvement lying within the Industrial Easement is removed, relocated, or destroyed, it shall not be rebuilt nor reconstructed without the approval of the State Lands Commission. This covenant shall bind the Grantor and its successors and assigns, runs with the land described in Exhibit 2, and benefits the land described in Exhibits 1 and 3. (5) If, after this Grant of Easement, the Grantee comes to own the fee of any land within Exhibit 1, the Grantee's fee and this Industrial Easement shall merge in the area in which they are coincident, and that part of the Industrial Easement remaining shall be appurtenant to the area of merged title.
(6) In the course of approving subdivision or parcel maps in the future, the Grantor may wish to provide an alternative location of the Industrial Easement of equal utility and width to the Industrial Easement. In that case, the Grantee shall consider approval \\\\
\\\\
100300V2
2 of the alternative location, which approval shall not be unreasonably denied. Upon the recordation of an alternative easement, the Grantee shall quitclaim to Grantor its rights under this Grant of Easement.

Witness my hand this _____ day of ___ , 2002.

CITY OF VALLEJO, a municipal corporation of
the State of California

STATE OF CALIFORNIA
COUNTY OF _____ _
On __________ , 2002 before me, __________ _
____________ , personally appeared __________ _
personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity on behalf of which the person acted executed the instrument.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY
3 100300V2

EXIITBITM

FORM OF CITY QUITCLAIM OF PUBLIC TRUST PARCELS
Recorded at the Request of and
When Recorded Mail to:

State Lands Commission
100 Howe Avenue
Suite 100 South
Sacramento, CA 95825-8202
ATTN: Blake Stevenson

STATE OF CALIFORNIA
OFFICIAL BUSINESS:

Document entitled to free
Recordation Pursuant to
Government Code Section 27383

NOTAXDUE

CITY OF VALLEJO

QUITCLAIM TO STATE OF CALIFORNIA
WHEREAS, the City of Vallejo ("City") and the State of California, acting by and through the State Lands Commission ("State"), have entered the Mare Island Property Settlement and Exchange Agreement ("Settlement Agreement"), which settles a title and boundary dispute between them with respect to certain lands in the City of Vallejo, County of Solano, State of California; and
WHEREAS, the City, through Resolution No. 02-43 N.C. adopted by the City Council of the City of Vallejo on January 29, 2002, and the State, by its Calendar Item No. 36, duly adopted by its regular public meeting on June 27, 2000, and as amended by its Calendar Item No. 68, duly adopted at its regular public meeting on September 17, 2001, all after notice pursuant to the requirements oflaw, approved the Settlement Agreement. The Settlement Agreement has been recorded as Instrument No. ______ in the Official Records of the County of Solano on _________ , 2002. This quitclaim is issued pursuant to the terms of the Settlement Agreement. \\\\
\ \ \ \
\\\\
NOW THEREFORE, the City does hereby remise, release, assign, transfer, and forever quitclaim to the State any and all right, title and interest in the real property located in the County of Solano described in Exhibit 1 attached hereto.

Witness my hand this _____ day of ___ , 2002.

CITY OF VALLEJO, a municipal corporation of
the State of California

WITNESS my hand and official seal.

SIGNATURE OF NOTARY
2 100298 V2

EXHIBITN
• f
DESCRIPTION OF TRUST TERMINATION PARCEL Ia
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
All that real property situate on the Former Mare Island Naval Shipyard, City of Vallejo, County of Solano, State of California. Lying contiguous to and westerly of the west boundary of that parcel shown and so delineated on the map filed for record on August 27, 2001 in Book 24 Surveys Pages 51 to 56, inclusive, County of Solano Official Records, said Map entitled "Record of Survey of the land shown on the Record of Survey filed in Book 21 of Surveys at Page 94 of Solano County Records and Certificate of Correction filed April 26, 2001 at Series Number 2001- 00041434", Retracement of Tract 38 of the Joy Survey entitled, "Fractional Township 3 North, Range 4 West", approved by the US Survey General's Office October 24, 1923, accepted November 8, 1923 and filed with the Bureau of Land Management, Mount Diablo Base and Meridian, County of Solano, State of California, said portion being more particularly described as follows:

Beginning at a point with CCS83 Zone II (NAD 83) Coordinates of N1798520.87 feet, E6479688.04 feet lying North 44° 38' 54" West, 12188.43 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with NAD 83 Zone II Coordinates of N1789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys Page 51, from which a 2 ½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc. Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 35.0 54'10" West 17,225.54 feet, Thence from said Point of Beginning;
1) North 54 °49'24" East, a distance of 379.84 feet to a point on the west line of the parcel shown on Record of Survey Book 24 Surveys Page 51; ·
2) Thence along the west line of the parcel shown on Record of Survey 24 Surveys Page 51, South 44 ° 45' 15" East, a distance of 218. 04 feet to the northwest corner of EDC Parcel XVII as shown on that Record of Survey recorded in Book 25 Surveys at Page 13, Solano County Records;
3) Thence along the west line of said EDC Parcel XVII South 44°45'15" East, a_distance of

64.82 feet;
PAGE 1 OF 48
()

EXHIBITN
DESCRIPTION OF TRUST TERMINATION PARCEL Ia
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
PAGE2OF48
4) Thence leaving the west line of the parcel shown on Record of Survey Book 24 Surveys Page 51 and the west line of said EDC Parcel XVII, and proceeding South 53°14'37" West, a distance of 406.15 feet;
5) Thence North 39°17'52" West, a distance of 290.86 feet to the Point of Beginning.

Said parcel contains 2.57 acres more or less; attached plat for reference only.

All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043

END OF DESCRIPTION
PT-US flSH . · &: WJLDUFE

EXHIBITN
DESCRIPTION OF TRUST TERMINATION PARCEL lb
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
All that real property situate on the Former Mare Island Naval Shipyard, City of Vallejo, County of Solano, State of California. Lying contiguous to and westerly of the west boundary of that parcel shown and so delmeated on the map filed for record on August 27, 2001 in Book 24 Surveys Pages 51 to 56, inclusive, County of Solano Official Records, ·said Map entitled "Record of Survey of the land shown on the Record of Survey filed in Book 21 of Surveys at Page 94 of Solano County Records and Certificate of Correction filed April 26, 2001 at Series Number 2001- 00041434", Retracement of Tract 38 of the Joy Survey entitled, "Fractional Township 3 North, Range 4 West", approved by the US. Survey Generai's Office October 24, 1923, accepted November 8, 1923 and filed with the Bureau of Land Management, Mount Diablo Base and Meridian, County of Solano, State of California, said portion being more particularly described as follows:

Beginning at a point with CCS83 Zone II (NAD 83) Coordinates of N1795532.98 feet, E6481763.00 feet lying North 48° 47' 34" West, 8627.34 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with NAD 83 Zone II Coordinates of N1789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys at Page 51, from which a 2½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc. Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 35°54'10" West 17,225.54 feet, Thence from said Point of Beginning;
1) Along the south line of EDC Parcel XVIII as shown on that Record of Survey recorded in Book 25 Surveys Page 12, Solano County Records North 83°08'44" East, a distance of 628.13 feet to a point on the west line of the parcel shown on Record of Survey Book 24 Surveys Page 51, also being the southeast corner of said EDC Parcel XVIII and the northwest corner of EDC Parcel XIX as shown on that Record of Survey recorded in Book 25 Surveys Page 11, Solano County Records;
2) Thence leaving the south line of said EDC Parcel XVIII and proceeding along the west line of the parcel shown on Record of Survey Book 21 Surveys Page 51, also being the west line of said EDC Parcel XIX, South 31 °30'29" East, a distance of 1036.34 feet; PAGE40F 48

EXHIBITN
DESCRIPTION OF TRUST TERMINATION PARCEL lb
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
PAGE 5 OF 48
3) Thence leaving the west line of said EDC Parcel XIX and proceeding along the west line of EDC Parcel XII as shown on Record of Survey Book 25 Surveys Page 8 South 22°45'39" East, a distance of 732.84 feet;
4). Thence South 36°15'24" East, a distance of 442.31 feet; 5) Thence South 00 ° 13 '53" West, a distance of 211. 26 feet; 6) Thence South 28 °00' 33" East, a distance of 65.73 feet; 7) Thence leaving the said west line and proceeding South 58°33'36" West, a distance of 24.70 feet;
8) Thence North 62°19'18" West, a distance of 440.67 feet; 9) Thence North 58°02'45" West, a distance of 222.49 feet; 10) Thence North 30°50'33" West, a distance of 1270.65 feet; 11) Thence South 70°38'33" West, a distance of 581.42 feet; 12) Thence North 31 °39'35" West, a distance of 330.36 feet; 13) Thence North 14°49'39" East, a distance of 152.79 feet; 14) Thence North 64°40'37" East, a distance of 129.99 feet; 15) Thence North 52°40'04" East, a distance of 300.47 feet; 16) Thence North 34 °33' 18" West, a distance of 286.33 feet to the Point of Beginning.

Said parcel contains 33.19 acres, more or less; attached plat for reference only.

BASIS OF BEARING: The bearing of N35°54'10"W between the found standard brass disk stamped "Mare ID SE 1852 1932" (USC&GS first order triangulation point named "SEMARE") and the horizontal control network point labeled "HCN-03" as both points are shown ori the map filed, for record in Book 24 Surveys Page 51, Solano County Records was taken as the Basis of 0 EXHIBITN
DESCRIPTION OF TRUST TERMINATION PARCEL lb
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
PAGE6 OF 48
bearing for this legal description and is the California Coordinate System 1983 (CCS83) Zone II (NAD 83).

All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043

END OF DESCRIPTION

MAREISLAND

PROPERTY SETTLEMENT

AND EXCHANGE AGREEMENT

EXHIBITN

Page 7 of 48 ends

Plat to Accompany
Legal Description of
rust Termination Parcel lb
ofyaitejo, Solano County, CA.
7,2002
PT-PARC.EL
J

SCALE IN FEET
Q
300
I
1"=300'

EXHIBITN
DESCRIPTION OF TRUST TERMINATION PARCEL le
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
All that real property situate on the Former Mare Island Naval Shipyard, City of Vallejo, County of Solano, State of California described as follows. Lying contiguous to and westerly of the west boundary of that parcel shown and so delineated on the map filed for record on August 27, 2001 in Book 24 Surveys Pages 51 to 56, inclusive, County of Solano Official Records, said Map entitled "Record of Survey of the land shown on the Record of Survey filed in Book 21 of Surveys at Page 94 of Solano County Records and Certificate of Correction filed April 26, 2001 at Series Number 2001-00041434. Retracement of Tract 38 of the Joy Survey entitled, "Fractional Township 3 North, Range 4 West", approved by the US Survey General's Office October 24, 1923, accepted November 8, 1923 and filed with the Bureau of Land Management, Mount Diablo Base and Meridian, County of Solano, State of California" said portion being more particularly described as follows:

Beginning at a point with CCS83 Zone II (NAD 83) Coordinates of N1791125.25 feet, E6484987.67 feet lying North 68° 39' 33". West, 3506.60 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with NAD 83 Zone II Coordinates of N1789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys at Page 51, from which a 2 ½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc. Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 35°54'10" West 17,225.54 feet, Thence from said Point of Beginning;
1) Along the west line of the parcel shown on Record of Survey Book 24 Surveys Page 51, South 43°30'18" East, a distance of 190.44 feet;
2) Thence leaving the west line of the parcel shown on Record of Survey Book 24 Surveys Page 51 and proceeding North 66°26'05" West, a distance of 32.46 feet; 3) Thence North 54°01'37" West, a distance of 16.64 feet; 4) Thence North 50°33'06" West, a distance of 51.03 feet; 5) Thence North 37°51 '28" West, a distance of 72.30 feet; 6) Thence North 09°01 '42" West, a distance of 26.20 feet to the Point of Beginning.

PAGE 8 OF 48
0 EXHIBITN
DESCRIPTION OF TRUST TERMINATION PARCEL le
FOR
MARE.ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
PAGE9 OF48
Said parcel contains 0.07 acres, more or less; attached plat for reference only.

All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043

END OF DESCRIPTION
---
FOUND POINT "SEMARE"

DESCRIBED AS A

STANDARD USC&GS

BRASS DISK STAMPED
"MARE ID SE 1~2-19~!
ZONE II COORDlfMTES (NA
N 1789849.06317
E 6488254.024'8
I
PT-PfRcEL
Xib I __
"1
_L-->
1~
I
I
._____
- -- -
.-----1(111111!"-..----(~~--------------0--------------- r

TT-PARCEL X
HCN-3, FOUND 2-1/2'

ALUMINUM DISK STAMPED
"MARE ISLAND CONTROL POINT,
McGILL-MARTIN-'"SELF, INC.

ORINDA, CA. 3", PER

RECORD OF SURVEY
\ 24 R.S. 12-13.

PT-PARCEL
Xci

POINT OF

BEGINNING

ZONE II COORDINATES
(NAD83)
N

1791125.25
6484987.67

TT-PARCEL
le
N54"01'37"W

16.64'
E
LEGEND
A HORIZONTAL CON1ROL MONUMENT
0 ANGLE POINT OF BOUNDARY
--- TRUST TERMINATION PARCEL BOUNDARY

MARE ISLAND

PROPERTY SETTLEMENT

AND EXCHANGE AGREEMENT

EXHIBIT N

Page 10 ends

Plat to Accompany
Legal Description of
Trust Termination Parcel le
City of Vallejo, Solano County, CA.

February 15, 2002

SCALE IN FEET
25 0 50

EXHIBIT N

DESCRIPTION OF TRUST TERMINATION PARCEL II
FOR

All of EDC Parcel II as shown on that certain map entitled "Record of Survey showing Parcel II for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24 Surveys Page 74, Solano County Records, Solano County, and corrected by a Certificate of Correction filed 3 / 12 / O 2 at Series Number 2002- 314 91 Solano County, State of California.

EXCEPTING THEREFROM
That certain parcel of land described in Exhbit E, Description of Public Trust Parcel II of the Mare Island Property Settlement and Exchange Agreement, recorded on _____ in Book ____ Page(s) ____ , Solano County Records.

Said parcel contains 26.63 acres, more or less; attached plat for reference only.

END OF DESCRIPTION

Page 11 of 48 ends

LEGEND
-----

EXHIBIT N

DESCRIPTION OF TRUST TERMINATION PARCEL IV
FOR

All of EDC Parcel IV as shown on that certain map entitled "Record of Survey showing Parcel IV · for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24 Surveys Page 71, Solano County Records, Solano County, State of California.

EXCEPTING THEREFROM
That certain parcel of land described in Exhibit E, Description of Public Trust Parcel IV of the Mare Island Property Settlement and Exchange Agreement, recorded on in Book___ , Page(s) ____ , Solano County Records.

Said parcel contains 221.12 acres, more or less; attached plat for reference only.

END OF DESCRIPTION
. Page 13 of 48 ·
LEGEND
ANGLE POINT OF BOUNDARY0

TRUST TERMINATION PARCEL BOUNDARY

SCALE IN FEET
200
-
0 - - -
400
1"=400'
PT~PARCEL
JV
City of Vallejo, Solano County, CA.

February 15, 2002
-- -
0 ANGLE POINT OF BOUNDARY

TRUST TERMINATION PARCEL BOUNDARY

SCALE IN FEET
200 0 400
1"=400'

EXHIBITN

Page 15 ends

Plat to Accompany
Legal Description of
Trust Termination Parcel N
City ofVallejo, Solano County, CA.

February 15, 2002
February 15, 2002
0 ---

ANGLE POINT OF BOUNDARY
1RUSTTERMINATION PARCEL BOUNDARY
200

SCALE IN FEET
0 400
--1"=400'
(]

EXHIBITN
PAGE 17 OF48

DESCRIPTION OF TRUST TERMINATION PARCEL X
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
All that real property situate on the Former Mare Island Naval Shipyard, City of Vallejo, County of Solano, State of California described as follows. Being a portion of the land shown within the boundary of that parcel shown and so delineated on the map filed for record on August 27, 2001 in Book 24 Survey at Pages 51 to 56, inclusive, County of Solano Official Records, said Map entitled . "Record of Survey of the land shown on the Record of Survey filed in Book 21 of Surveys at Page 94 of Solano County Records and Certificate of Correction filed April 26, 2001 at Series Number 2001-00041434. Retracement of Tract 38 of the Joy Survey entitled, "Fractional Township 3 North, Range 4 West", approved by the US Survey General's Office October 24, 1923, accepted November 8, 1923 and filed with the Bureau of Land Management, Mount Diablo Base and Meridian, County of Solano, State of California" said portion being more particularly described as follows:

Beginning at a point with CCS83 Zone II (NAD 83) Coordinates of N1789730.89 feet, E6487902.85 feet lying South 71 ° 24', 05" West, 370.50 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with NAD 83 Zone II Coordinates of Nl789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys at Page 51, from which a 2½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc. Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 35°54'10" West 17,225.54 feet, Thence from said Point of Beginning;
1) Along a line on EDC Parcel VII as shown on that Record of Survey recorded in Book 25 Surveys Page 14, Solano County Records, also being a line on the Golf Course Parcel as· shown on that Record of Survey filed in Book 24 Surveys Page 89, Solano County Records, North 80°14'40" West, a distance of 953.89 feet;
2) Thence South 60°18'40" West, a distance of 392.36 feet; 3)' Thence South 01 °32'09" East, a distance of 77.52 feet; 4) Thence South 39°43'32" West, a distance of 76.49 feet; 5) Thence North 26 ° 10' 54" West, a distance of 173.68 feet; 6) Thence North 66°01'19" West, a distanc·e of 97.06 feet;

EXHIBIT N

DESCRIPTION OF TRUST TERMINATION PARCEL X
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
PAGE 18 OF48
7) Thence leaving the line of said EDC Parcel VII and proceeding along west line of said Golf Course Parcel, North 70°59'58" West, a distance of 53.43 feet; 8) Thence North 31 °38'26" West, a distance of 71.60 feet; 9) Thence North 49°49'07" West, a distance of 41.62 feet; 10) Thence North 60°39'58" West, a distance of 137.63 feet; 11) Thence North 59°06'54" West, a distance of 49.79 feet; 12) Thence North 55°25' 14" West, a distance of 68.42 feet; 13) Thence North 49°19'53" West, a distance of 86.23 feet; 14) Thence North 12°56'32" East, a distance of 55.11 feet; 15) Thence North 41 °08' 14" West, a distance of 96.34 feet; 16) Thence North 38°04'57" West, a distance of 73.08 feet; 17) Thence North 55°21'18" West, a distance of 64.08 feet; 18) Thence South 81 ° 49' 04" West, a distance of 26. 23 feet; 19) Thence North 07°48'46" West, a distance of 73.39 feet; 20) Thence North 46°35'34" West, a distance of 23.60 feet; 21) Thence North 75°38'47" West, a distance of 85.42 feet; 22) Thence South 76°33'34" West, a distance of 36.51 feet; 23) Thence South 44°21 '18" West, a distance of 50.59 feet; 24) Thence North 52 ° 44' 46" West, a distance of 57. 02 feet; 25) Thence North 32°42'51" East, a distance of 172.03 feet; C)

EXHIBIT N

DESCRIPTION OF TRUST TERMINATION PARCEL X
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
PAGE 19 OF48
26) Thence South 76°43'07" East, a distance of 48.64 feet; 27) Thence North 36°48'05" West, a distance of 300.52 feet; 28) Thence South 79°45'43" West, a distance of 139.94 feet; 29) Thence North 39°19'37" West, a distance of 126.53 feet; 30Y Thence North 35°15'20" East, a distance of 133.57 feet; 31) Thence North 44°54'57" West, a distance of 198.40 feet; 32) Thence North 73°02'55" West, a distance of 106.47 feet; 33) Thence South 26°34'18" East, a distance of 13.91 feet; 34) Thence South 54°48' 10" West, a distance of 39.78 feet; 35) Thence South 14°32'46" West, a distance of 53.52 feet; 36) Thence South 35°21 '50" West, a distance of 28.69 feet; 37) Thence North 66 °26' 05" West, a distance of 7.42 feet ( corrected from a distance of 7. 65 feet on said Golf Course Parcel) to a point along the west line that parcel shown on the Record of Survey Book 24 Surveys Page 51;
38) Thence along the said west line of that parcel shown on the Record of Survey Book 24 Surveys Page 51 North 43°30'18" West, a distance of 190.44 feet (corrected from a distance of 190.10 feet of said Golf Course Parcel);
39) Thence leaving the said west line of that parcel shown on the Record of Survey Book 24 Surveys Page 51 North 09°01 '42" West, a distance of 46.07 feet (corrected from a distance of 46.22 feet of said Golf Course Parcel) and continuing along the west line of said Golf Course Parcel;
40) Thence, North 46°00'48" West, a distance of 70.09 feet; 41) Thence North 43 °04 '48" West, a distance of 291. 59 feet;

EXHIBIT N

DESCRIPTION OF TRUST TERMINATION PARCEL X
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
PAGE20 OF48
42) Thence North 02°47'27" East, a distance of 242.76 feet; 43) Thence North 19°39'01" West, a distance of 42.04 feet; 44) Thence North 34°03' 14" West, a distance of 21.08 feet; 45) Thence North 73°55'26" West, a distance of 50.76 feet; 46) Thence South 84 ° 10' 19" West, a distance of 99. 53 feet; 47) Thence North 05°34'07" West, a distance of 29.29 feet; 48) Thence North 61 °04'20" East, a distance of 31,68 feet; 49) Thence North 11 °23'46" East, a distance of 24.94 feet; 50) Thence North 49°47' 11" West, a distance of 62.05 feet; 51) Thence North 36°37'56" West, a distance of 147.13 feet; 52) Thence North 41 °35'08" West, a distance of 88.58 feet; 53) Thence North 34°59'15" West, a distance of 161.98 feet; 54) Thence North 31 °39'04" West, a distance of 700.69 feet to a point along EDC Parcel XII as shown on that amended Record of Survey recorded in Book 25 Surveys Page 8, Solano County Records;
55) Thence along a line of said EDC Parcel XII North 71 °53'07" East, a distance of 609.54 feet; 56) Thence North 45°41 '38" East, a distance of 445.24 feet; 57) Thence South 25°02' 11" East, a distance of 214. 74 feet; 58) Thence South 08°31 '59" West, a distance of 312.50 feet to the northwest corner of that Parcel shown and so delineated on the map entitled "Record of Survey, Tract 38, T.3N., R.4W., M.D.M., County of Solano, California, November 1997" filed for record on March 10, 1998 in Book 22 of Surveys, at Pages 59, at the Recorders Office of Solano County,

EXHIBITN

DESCRIPTION OF TRUST TERMINATION PARCEL X
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
PAGE21 OF48 ·
California;
59) Thence along the line of said parcel shown on that Record of Survey filed in Book 22 Surveys Page 59, South 07° 27' 1911 West, a distance of 262.56 feet (North 08° 23' 45" East, a distance of 262.58 feet on said map);
60) Thence South 57° 02' 09" East (North 56° 07' 41" West on said map), a distance of 612.30 feet;
61) Thence North 55° 32' 21" East, a ~istance of 356.37 feet (South 56° 28' 12" West, a distance of 356.25 feet on said map);
62) Thence leaving said boundary of said parcel shown on that Record of Survey filed in Book 22 Surveys Page 59, South 34° 28' 06" East, a distance of 40.00 feet to a point of cusp on a non:.tangent curve concave to the west having a radius of 184.78 feet and a central angle of 102°58'44 11 and being subtended by a chord which bears North 00°34'43 11 West 289.18 feet; 63) Thence leaving said line of the Golf Course Parcel and proceeding northeasterly, northerly and northwesterly along said curve, a distance of 332.11 feet to a point of cusp; 64) Thence North 57°28'45 11 East, a distance of 166.37 feet to a shared point on said EDC Parcel XII and Golf Course Parcel;
65) Thence continuing along said parcels, North 57°28'45 11 East, 324.70 feet to a point on the west line of said EDC Parcel VII;
66) Thence leaving said EDC Parcel XII and proceeding along said the line -of EDC Parcel VII and said Golf Course Parcel, South 50°39' 19" East, a distance of 563.01 feet; 67) Thence South 65°56'50" East, a distance of 210.09 feet; 68) Thence South 75°13'33" East, a distance of 676.58 feet to the beginning of a non-tangent curve concave to the northeast having a radius of 311.22 feet and a central angle of 31 °01'43 11 and being subtended by a chord which bears South 36°27'20" East 166.49 feet; 69) Thence southerly and southeasterly along said curve, a distance of 168.54 feet;

EXHIBITN

DESCRIPTION OF TRUST TERMINATION PARCEL X
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
PAGE22 OF48
70) Thence South 50°32'20" East, a distance of 73.29 feet to the beginning of a non-tangent curve concave to the southwest having a radius of 339.22 feet and a central angle of 16°41 '54" and being subtended by a chord which bears South 44°07'31" East 98.51 feet; 71) Thence southeasterly along said curve, a distance of 98.86 feet to the beginning of a non tangent compound curve;
72) Thence southeasterly and southerly a distance of 208.47 feet along the arc of said curve concave to the west having a radius of 225. 85 feet and a central angle of 52 ° 53' 11 " and being subtended by a chord which bears South 06°20'05" East 201.15 feet; 73) Thence South 17°45'25" West, a distance of 150.36 feet to the beginning of a non-tangent curve concave to the east having a radius of 237. 83 feet and a central angle of 50 ° 17' 03" and being subtended by a chord which bears South 02°07'47" East 202.09 feet; 74) Thence southwesterly, southerly and southeasterly along said curve, a distance of 208. 73 feet to the beginning of a non-tangent compound curve;
75) Thence southeasterly and easterly a distance of 298.23 feet along the arc of said curve concave to the northeast having a radius of 301.98 feet and a central angle of 56°35'05"" and being subtended by a chord which bears South 57°57'27" East 286.26 feet; 76) Thence South 83°54'12" East, a distance of 211.59 feet; 77) Thence South 43 °14'01" East, a distance of 191.22 feet; 78) Thence South 40°42'36" West, a distance of 884.58 feet; 79) Thence South 76°44'40" East, a distance of 270.82 feet; 80) Thence South 3 8 ° 19' 29" East, a distance of 4 71. 04 feet; 81) Thence South 36 °48 '05" West, a distance of 406 .43 feet to the Point of Beginning.

Said parcel contains 172.25 acres, more or less; attached plat for reference only.

EXHIBITN

DESCRIPTION OF TRUST TERMINATION PARCEL X
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
PAGE23 OF48
BASIS OF BEARING: The bearing of N35°54'10"W between the found standard brass disk stamped "Mare ID SE 1852 19~2" (USC&GS first order triangulation point named "SEMARE") and the horizontal control network point labeled "HCN-03" as both points are shown on the map filed for record in Book 24 Surveys Page 51, Solano County Records was taken as the Basis of bearing for this legal description and is the California Coordinate System 1983 (CCS83) Zone II (NAD 83).

All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043

END OF DESCRIPTION
PAGE25

MARE ISLAND

PROPERTY SETTLEMENT

AND EXCHANGE AGREEMENT

EXHIBITN

Page 24 of 48 ends

·r---~----:~:::T-~-----i ~f;
,---------,.'-------- /

SCALE IN FEET
300 0 600
-----1"=600'
PA 'fu
SUR'J:y
R -
PARC.E:L VJJ
24 SURVEYS 14
Plat to Accompany
Legal Description of
Trust Termination Parcel X
City of Vallejo, Solano County, CA.

February 21, 2002
- -
N34"59'15"W
161.98' TT-PARCELX
172.25 Acs.±s·oa·w ·as. a
YOUNG DR36° 7'56"W
1 .13'
49•47•11"w

62.05'
N11"23'46"E

24.94'
.1.--..e.;:~- N73"55'26"W

50.76'
N34"03'14"W

21.08'
N19"39'01 "W

42.04'
N02"47'27"E
242.76'
,all!ll!lllilll!ll!ll,...._~.,..""""'""'---!l""!""-i\--.....~--....~--........... ~~ -,<o PARCtll Xll
"ci; ,,,_ 2~ SUR EYS
-; I fl
;@ . \
'- I
~ -
~ -
200
x'
~
- a
0) ' ... C'O
' ll)
" .f"C\I
" C'O0 C\j
(/J
~~
l--xrJ;,--1 0-1o
R~/4
\

SCALE IN FEET
100 0
-
1"=200'

E POINT OF BOUNDARY

MAREISLAND

PROPERTY SETTLEMENT

AND EXCHANGE AGREEMENT

EXBIBITN
Page25 of48
Plat to Accompany
Legal Description of
Trust T~on Parcel X
City of Vallejo, Solano County, CA.

February 21, 2002
LEGEND
A
0 ---

HORIZONTAL CONTROL MONUMENT

ANGLE POINT OF BOUNDARY
)

TRUST TERMINATION PARCEL BOUNDARY
\

PARCEL VJJ
25 SURVEYS 14

MARE ISLAND

PROPERTY SETTLEMENT

AND EXCHANGE AGREEMENT

EXHIBITN
Page26 of48
Plat to Accompany
Legal Description of
Trust Termination Parcel X
City of Vallejo, Solano County, CA.

February 15, 2002
100
1·=200·
I

MARE ISLAND

PROPERTY SETTLEMENT

AND EXCHANGE AGREEMENT

EXHIBITN
Page27 of48
Plat to Accompany
Legal Description of
Trust Termination Parcel X
City of Vallejo, Solano County, CA.

February 15, 2002
-
100
A
0 --- TRUST TERMINATION PARCEL BOUNDARY
N34"59'15"W
161.98' TT-PARCELX
172.25 Acs.±
yoUNG DR

1..--~~- N73"55'26"W

50.76'
N34"03'14"W

21.08'
N19"39'01•w

42.04'
N02"47'27"E
242.76'
'48'10"W

9.78'
S26'34'18"E

13.91'
73'02'55"W
106.47'
'
~

MARE ISLAND

PROPERTY SETTLEMENT

AND EXCHANGE AGREEMENT

EXBIBITN
Page28 of48
Plat to Accompany
Legal Description of
Trust Termination Parcel X
City of Vallejo, Solano County, CA.
Februacy 2i, 2002
PARC.EL
j
18"E.
7Y02'55"W
106.47'
·~
~'SI: .• ~'
3~· '37"W
'
59"06'54"W

49.79'
49'07"

1.62'
539•43•32"W

76.49'

EXHIBITN
Page29of48
Plat to Accompany
Legal Description of
TrustTerminationParcelX
City of Vallejo, Solano County, CA.

Februacy 21, 2002
--
Plat
Le
to Accom~any f
SCA~EET 20010 (]J
1"=200'City of ValleJ~,. Solano County, CA.

February 15, 200
. tion Parcel X Trust Tel1IJll}a
gal Description o

PARCEL VJJ
25 SURVEYS 14

EXHIBIT N

DESCRIPTION OF TRUST TERMINATION PARCEL XII
FOR

All of EDC Parcel XII as shown on that certain map entitled "Record of Survey showing Parcel XII for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24 Surveys Page 63 as amended January 28, 2002 in Book 25, Surveys, Page 8, Solano County Records, Solano County, State of California.

EXCEPTING THEREFROM THE FOLLOWING TWO PARCELS:

Vallejo Unified School District
All that certain land as shown and so designated on map entitled "Exhibit Map of Record of Survey of the Mare Island Elementary School, Mare Island Naval Shipyard, City of Vallejo, Solano County, California" filed for record on May 15, 2000 in Book 23 of Surveys at Page 97, Records of Solano County, California.

Army Parcel (not recorded)
All that certain parcel of land as shown and so designated on map entitled "Record of Survey, In the City of Vallejo, County of Solano, State of California. Said parcel being a Survey of a Portion of the Mare Island Naval Shipyard as shown on Book 21 of Surveys Page 94", said map pending for recordation by Jeffery L. Mays LS 6379 at Records of Solano County, California.

Said parcel contains 245.41 acres more or less; attached plat for reference only.

END OF DESCRIPTION

Page 31 of 48 ends

SCALE IN FEET
0 400
Plat to Accompany
Legal Description of
Trqst Termination Parcel XII
City ofVallejo, Solano County, CA.

February 15, 2002
0 MAREISLAND

PROPERTY SETTLEMENT

AND EXCHANGE AGREEMENT

EXBIBITN

Page 33 of 48 ends

Plat to Accompany
Legal Description of
Trust Termination Parcel XII
City ofVallejo, Solano County, CA.

February 15, 2002
- -- -
.6,=102'58'44"
R=400.03
l:i.=20•49•23"
R=184.78
L=145.38 L=332.11
CB=N00'34'43"W
l:i.=63'08'18" CL=289.18
R=35.ciO
L-38.57
CB•N23'58'41"E -----+- N07'35'28"W
CL=36.65 1.68'
N55"33'32"

32.48'
1,
DETAIL "A"
~

SCALE IN FEET
200 0 400
1"=400'

MARE ISLAND

PROPERTY SETTLEMENT

AND EXCHANGE AGREEMENT

EXHIBITN
Page34 of48
Plat to Accompany
Legal Description of
Trust Termination Parcel XII
City ofVallejo, Solano County, CA.

February 15, 2002
(:)

EXHIBITN
I
I

Page 35 of 48 ends

DESCRIPTION OF TRUST TERMINATION PARCEL XIV
FOR

All of EDC Parcel XIV as shown on that certain map entitled "Record of Survey showing Parcel XIV for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24 Surveys Page 62, Solano County Records, Solano County, State of California.

Said parcel contains 70.20 acres more or less; attached plat for reference only.

END OF DESCRIPTION
--
LEGEND
..--....--- . - L MONUMENT
A HORIZONTML.., CONTRO
0 FBOUNDARY

ANGLE POINT O L BOUNDARY
TERMINATION PARCE _ TRUST____ _,__

SCALE IN FEET
300 0 600

MARE ISLAND TLEMENT
PROPERTYSEciEAGREEMENTANDEXCHAN

EXHIBITN

Page 36 ends

Plat to Acco~~any f
Legal Description o
'.I'rustTemllll. ation Parcel XIV
City ofValleJo,. Solano County, CA.

February 15, 2002
-----
J /

EXHIBITN

Page 37 of 48 ends

DESCRIPTION OF TRUST TERMINATION PARCEL XV
FOR

All of EDC Parcel XV as shown on that certain map entitled "Record of Survey showing Parcel XV for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24, Surveys, Page 60, Solano County Records, Solano County, and corrected by a Certificate of Correction filed 3 / 12 / o2 at Series Number 2002- 314 9 5 Solano County, State of California.

EXCEPTING THEREFROM
That certain parcel of land described in Exhibit E, Description of Public Trust Parcel XV of the Mare Island Property Settlement and Exchange Agreement, recorded on in Book ___ , Page(s) ____ , Solano County Records.

Said parcel contains 179.63 acres; attached plat for reference only.

END OF DESCRIPTION
--
MARE ISLAND ~...,,NT
PROPERTY SEGT~~~EMENT
AND EXCHAN "-
EXHIBITN "-

Page 38 ends

Plat to Accompany
Legal Description of
Trust Termination Parcel XV
. f Valle!io Solano County, CA.C1tyo ;, '
February 15, 2002
" SCALE IN FEET
',_ 300 0
1"=600'
600
-----

EXHIBIT N

Page 39 of 48 ends

DESCRIPTION OF TRUST TERMINATION PARCEL XVII
FOR

All of EDC Parcel XVII as shown on that certain map entitled "Record of Survey showing Parcel XVII for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24, Surveys, Page 59, as amended January 24, 2002 in Book 25 Surveys Page 13, Solano County Records, Solano County, State of California.

EXCEPTING THEREFROM
That certain parcel of land described in Exhibit E, Description of Public Trust Parcel XVII of the Mare Island Property Settlement and Exchange Agreement, recorded on in Book ___ , Page(s) ____ , Solano County Records.

Said parcel contains 29.15 acres, more or less; attached plat for reference only.

END OF DESCRIPTION
w 1i.
:J·O (J) -1
:::) 3:
1 n.. ~
1i.
::c:
(J)
~I
0 ANGLE POINT OF BOUNDARY
-- TRUST TERMINATION PARCEL BOUNDARY

MAREISLAND

PROPERTY SETTLEMENT

AND EXCHANGE AGREEMENT

EXHIBITN
Page40 of48
Plat to Accompany
Legal Description of
Trust Termination Parcel XVII
City ofVallejo, Solano County, CA.

February 15, 2002

EXHIBIT N

Page 41 of 48 ends

DESCRIPTION OF TRUST TERMINATION PARCEL XVIII
FOR

All of EDC Parcel XVIII as shown on that certain map entitled "Record of Survey showing Parcel XVIII for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24 Surveys Page 58, as amended January 24, 2002 in Book 25, Surveys, Page 12, Solano County Records, Solano County, State of California.

Said parcel contains 13.93 acres; attached plat for reference only.

END OF DESCRIPTION
-- -
PT-PARC.E'.L
j
LEGEND
A
0 HORIZONTAL CONTROL MONUMENT

ANGLE POINT OF BOUNDARY

TRUST TERMINATION PARCEL BOUNDARY

MARE ISLAND

PROPERTY SETTLEMENT

AND EXCHANGE AGREEMENT

EXHIBITN

Page 42 ends

Plat to Accompany
Legal Description of
Trust Termination Parcel XVIII
City ofVallejo, Solano County, CA.

February 15, 2002

EXHIBITN

Page 43 of 48 ends

DESCRIPTION OF TRUST TERMINATION PARCEL XIX
FOR

All of EDC Parcel XIX as shown on that certain map entitled "Record of Survey showing Parcel XIX for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24 Surveys Page 58, as amended January 24, 2002 in Book 25, Surveys, Page 11, Solano County Records, Solano County, State of California.

Said parcel contains 13.42 acres, more or less; attached plat for reference only.

END OF DESCRIPTION
Trust Termination Parcel XIX
City of Vallejo, Solano County, CA.

February 15, 2002
1"=300'
0 EXHIBIT N
PAGE45 OF48

DESCRIPTION OF TRUST TERMINATION PARCEL ISLAND ENERGY
FOR

MARE ISLAND PROPERTY SETTLEMENT & EXCHANGE AGREEMENT
All that real property situate on the Former Mare Island Naval Shipyard, City of Vallejo, County of Solano, State of California. Being a portion of the land shown within the boundary of that parcel shown and so delineated on the map filed for record on August 27, 2001 in Book 24 Surveys Pages 51 to 56, inclusive, County of Solano Official Records, said Map entitled "Record of Survey of the land shown on the Record of Survey filed in Book 21 of Surveys at Page 94 of Solano County Records and Certificate of Correction filed April 26, 2001 at Series Number 2001- 00041434", Retracement of Tract 38 of the Joy Survey entitled, "Fractional Township 3 North, Range 4 West", approved by the US Survey General's Office October 24, 1923, accepted November 8, 1923 and filed with the Bureau of Land Management, Mount Diablo Base and Meridian, County of Solano, State of California, said portion being more particularly described as follows:

Beginning at a point with CCS83 Zone II (NAD 83) Coordinates of N1792458.23 feet, E6487998.34 feet lying South 05° 35' 49" East, 2621.50 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with ~AD 83 Zone II Coordinates of N1789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys at Page 51, from which a 2½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc. Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 35°54'10" West 17,225.54 feet, Thence from said Point of Beginning;
1) North 35°47' 16" West, a distance of 521.90 feet;
2) Thence South 54 °27' 18" West, a distance of 206 .48 feet to a shared point on Parcel VI as shown on that Record of Survey recorded in Book 24 Surveys Page 69 and EDC Parcel VII as shown on that Record of Survey recorded in Book 25 Surveys Page 14 , Solano County Records;
3) Thence along and leaving the shared line of said EDC Parcel VI and said EDC Parcel VII, and along a portion of a line of EDC Parcel V as shown on that Record of Survey recorded in Book 24 Surveys Page 70 and a portion of a line of EDC Parcel XII as shown on that Record of Survey recorded in Book 25 Surveys Page 8 , Solano County Records, North 0 EXHIBIT N
PAGE46 OF48

DESCRIPTION OF TRUST TERMINATION PARCEL ISLAND ENERGY
FOR

MARE ISLAND PROPERTY SETTLEMENT & EXCHANGE AGREEMENT
35°13'20" West, a distance of 168.46 feet;
4) Thence leaving the shared line of said EDC Parcel V and said EDC Parcel XII and proceeding North 26°09'54" East, a distance of 300.03 feet; 5) Thence South 78°30'53" East, a distance of 39.88 feet; 6) Thence South 35°59'37" East, a distance of 281.48 feet; 7) Thence South 54 °27' 18" West, a distance of 68. 05 feet; 8) Thence South 35°47'16" East, a distance of 524.63 feet; 9) Thence South 62 °13 '52" West, a distance of 20 .20 feet to the Point of Beginning.

Said parcel contains 1.89 acres, more or less; attached plat for reference only.

EXHIBITN

DESCRIPTION OF TRUST TERMINATION PARCEL ISLAND ENERGY
FOR

MARE ISLAND PROPERTY SETTLEMENT & EXCHANGE AGREEMENT
PAGE 47 OF 48
All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043

END OF DESCRIPTION
- -- -

SCALE IN FEET
50 0 100
1"=100'
fP
ARMY
PARCEL
Plat to Accompany
I,,egal Description of
· tion Parcel
City of Val ·o, Solano County, CA.

February 21, 20

EXHIBITO

FORM OF STATE PATENT AND TRUST TERMINATION
Recorded at the Request of and
When Recorded Mail to:

State Lands Commission
I00 Howe Avenue
Suite I 00 South
Sacramento, CA 95825-8202
ATTN: Blake Stevenson

STATE OF CALIFORNIA
OFFICIAL BUSINESS:

Document entitled to free
Recordation Pursuant to
Government Code Section 27383

NOTAXDUE

STATE OF CALIFORNIA

PATENT AND TRUST TERMINATION
WHEREAS, the City of Vallejo ("City") and the State of California, acting by and through the State Lands Commission ("State"), have entered the Mare Island Property Settlement and Exchange Agreement ("Settlement Agreement"), which settles a title and boundary dispute between them with respect to certain lands in the City of Vallejo, County of Solano, State of California; and
WHEREAS, the City, through Resolution No. 02-43 N.C. adopted by the City Council of the City of Vallejo on January 29, 2002, and the State, by its Calendar Item No. 36 duly adopted at its regular public meeting on June 27, 2000, and as amended by its Calendar Item No. 68, duly adopted at its regular public meeting on September 17, 2001, all after notice pursuant to the requirements oflaw, approved the Settlement Agreement. The Settlement Agreement has been recorded as Instrument No. ______ in the Official Records of the County of Solano on ______ , 2002. This Patent is issued pursuant to the terms of the Settlement Agreement; and
WHEREAS, pursuant to the Settlement Agreement the City has conveyed and will convey certain lands and interests therein to the State so that the State may impose the public trust for the purposes of commerce, navigation, and fisheries. )
()
NOW THEREFORE, the State remises, releases, assigns, transfers and forever quitclaims to the City any and all right, title, and :interest held by the State by virtue of its sovereign trust title to tide and submerged lands in and to the real property described in Exhibit I attached hereto. The State Lands Commission has found and declared that the above-described real property has been reclaimed and removed from the public channels and is no longer available for use or susceptible of being used for public trust purposes and is no longer in fact tide or submerged lands. The real property described in Exhibit I is hereby forever free of the public trust for commerce, navigation, fisheries, water-oriented recreation, and preservation of the land in its natural state.

EXCEPTING from this conveyance and reserving to the State of California, [ description of any public pedestrian and vehicular access deeded to State through Paragraph 19 of the Settlement Agreement].

This Patent shall become effective upon its recordation in the Official Records of the County Recorder of Solano County.

IN TESTIMONY WHEREOF, I, GRAY
DAVIS, Governor of the State of California,
have caused these Letters to be made Patent,
and the seal of the State of California to be
hereunto affixed. Given under my hand at the
City of Sacramento, this, the ___ day of
__________ , in the year of our
Lord two thousand and two.

GRAYDAVIS
Governor of State
Attest:

BILL JONES
Secretary of State
Countersigned:

PAULD. THAYER
Executive Officer
State Lands Commission
2 100270 V2

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Patent dated _________ , 2002 from the State of California to the City of Vallejo, is hereby accepted by the undersigned officer or agent on behalf of the City pursuant to authority vested in the undersigned officer or agent by local ordinance.

Dated _________ , 2002
CITY OF VALLEJO, a municipal corporation
of the State of California
By:

WITNESS my hand and official seal.

SIGNATURE OF NOTARY
3 100270 V2

EXIDBITP

FORM OF STATE PATENT AND TRUST TERMINATION

FOR TRUST TERMINATION PARCEL IV
Recorded at the Request of and
When Recorded Mail to:

State Lands Commission
100 Howe A venue
Suite 100 South
Sacramento, CA 95825-8202
ATTN: Blake Stevenson

STATE OF CALIFORNIA
OFFICIAL BUSINESS:

Document entitled to free
Recordation Pursuant to
Government Code Section 27383

NOTAXDUE

STATE OF CALIFORNIA

36. duly adopted at its regular public meeting on June 27, 2000, and as amended by its Calendar Item No. 68, duly adopted at its regular public meeting on September 17, 2001, all after notice pursuant to the requirements oflaw, approved the Settlement Agreement. The Settlement Agreement has been recorded as Instrument No. ______ in the Official Records of the County of Solano on ______ , 2002. This Patent is issued pursuant to the terms of the Settlement Agreement; and
WHEREAS, pursuant to the Settlement Agreement the City has conveyed and will convey certain lands and interests therein to the State so that the State may impose the public trust for the purposes of commerce, navigation, and fisheries.

NOW THEREFORE, the State remises, releases, assigns, transfers and forever quitclaims to the City any and all right, title and interest held by the State by virtue of its sovereign trust title to tide and submerged lands in and to the real property described in Exhibit 1 attached hereto. The State Lands Commission has found and declared that the above-described real property has been reclaimed and removed from the public channels and is no longer available for use or susceptible of being used for public trust purposes and is no longer in fact tide or submerged lands. The real property described in Exhibit 1 is hereby forever free of the public trust for commerce, navigation, fisheries, water-oriented recreation, and preservation of the land in its natural state.

EXCEPTING from this conveyance and reserving to the State of California, those easements previously granted to the State entitled the Industrial Easement recorded as Instrument No. ____ in the Official Records of the County of Solano on _____ , 2002, and the Public Trust Easement recorded as Instrument No. ____ in the Official Records of the County of Solano on ______ , 2002. The State further reserves from this conveyance [Description of any public pedestrian and vehicular access deeded to State through Paragraph 19 of the Settlement Agreeme~t].

This Patent shall become effective upon its recordation in the Official Records of the County Recorder of Solano County.

GRAY DAVIS
Governor of State
Attest: BILL JONES
Secretary of State
Countersigned:

PAULD. THAYER
Executive Officer
State Lands Commission
2 116424 V2
----------

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Patent dated _________ from the State of California to the City of Vallejo, is hereby accepted by the undersigned officer or agent on behalf of the City pursuant to authority vested in the undersigned officer or agent by local ordinance.

Dated
CITY OF VALLEJO, a municipal corporation
of the State of California
By:

STATE OF CALIFORNIA
COUNTY OF _____ _
On ___________ , before me, __________ _
____________ , personally appeared __________ _
personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or entity on behalf of which the person acted executed the instrument.

WITNESS my hand and official seal.

SIGNATURE OF NOTARY
3 116424 V2

EXHIBITQ

LEGAL DESCRIPTION OF GAP LANDS
FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
Three parcels of tide and submerged land situated in the City of Vallejo, Solano County, California being a portion of those lands commonly known as Mare Island Naval Shipyard as conveyed to the United States for Military Purposes by the State of California by an Act approved March 9, 1897 in Chapter 81, Statutes _of 1897 and an Act approved July 13, 1963 in Chapter 1452, Statutes of 1963, said parcel being more particularly described as follows:

EETP PARCEL XVIII
COMMENCING at National Geodetic Survey monument "MARE ID SE 1852 1932" having California Coordinate System 1983, Zone 2, coordinates of N = 1,789,849.06 feet and E = 6,488,254.02 feet as shown on Record of Survey as filed in Book 21 Surveys at Page 94, Solano County records, thence North 44° 14' 18" West 9,466.04 feet to a point on the boundary of Tract 38 as shown on said Record of Survey, said point having California Coordinate System 1983, Zone 2 coordinates of N = 1,796,630.96 feet and E = 6,481,650.10 feet and the POINT OF BEGINNING; thence leaving said Tract 38 the following courses:
1) South 52° 25' 26" West 530.51 feet;
2) South 34° 33' 18" East 1,226.65 feet;
3) North 63° 45' 06" East 558.02 feet to a point on said Tract 38 boundary; thence along said boundary the following courses:
4) North 31 ° 30' 29" West 312.91 feet;
5) North 36° 45' 18"West 1,016.75 feet;
6) North 34° 30' 26" West 6.76 feet to the point of beginning C) 0

PARCEL IE
COMMENCING at said National Geodetic Survey monument "MARE ID SE 1852 1932" having California Coordinate System 1983, Zone 2, coordinates of N = 1,789,849.06 feet and E = 6,488,254.02 feet as shown on said Record of Survey as filed in Book 21 Surveys at Page 94, Solano County records, thence North 47° 16' 59" West 7,329.52 feet to the boundary of Tract 38 as shown on said Record of Survey, said point having California Coordinate System 1983, Zone 2 coordinates of N = 1,794;821.24 feet and E = 6,482,868.92 feet and the POINT OF BEGINNING and the beginning of a curve from which the radius point bears South 40° 35' 30" East from said point of · beginning said curve concave to the southeast having a radius of 398.00 feet and a central angle of 22° 58' 33"; thence leaving said Tract 38 the following courses:
1) Southwesterly ori the arc of said curve 159.60 feet; 2) South 26° 25' 57" West 52.81 feet;
3) South 63° 34' 03" East 15.82 feet to a point on a curve from which the radius point_ bears South 31° 25' 20" East said curve concave to the southeast having a radius of 36.00 feet and a central angle of 54° 00' 41 "; 4) Easterly on the arc of said curve 33.94 feet to a compound curve concave to the southwest having a radius of 433.00 feet and a central angle of 22° 03' 18";
5) Southeasterly on the arc of said curve 166.67 feet to a compound curve concave to the southwest having a radius of 838.00 feet and a central angle of 12° 34' 42";
6) ·Southeasterly on the_ arc of said curve 183.97 feet to a compound curve concave to the West having a radius of 203.00 feet and a central angle of 30° 18' 21";:
7) thence southerly on the arc of said curve 107.37 feet; 8) South 02° 28' 19" East 89.82 feet
9) South 37° 17'43"West 139.74 feet
10) South 07° 09' 43" West 53. 79 feet;
11) South 47° 28' 04" East 69.61 feet;
12) · South 71 ° 59' 57'' East 118.11 feet;
13) South 88° 08' 34" East 114.75 feet to said Tract 38; thence along said boundary the following courses:
14) North 36° 15' 24" West 100.62 feet;
15) North 22° 45' 39" West 732.89 feet;
16) North 31 ° 30' 29" West 113.62 feet to the point of beginning 2 0

PARCEL IF
COMMENCING at said National Geodetic Survey monument "MARE ID SE 18521932" having California Coordinate System 1983, Zone 2, coordinates of N =1,789,849.06 feet and E =6,488,254.02 feet as shown on said Record of Survey as filed in Book 21 Surveys at Page 94, Solano County records, thence North 51 ° 12' 23" West 6, 133.60 · feet to the boundary of Tract 38 as shown on said Record of Survey, said point having California Coordinate System 1983, Zone 2 coordinates of N =1,793,691.86 feet and E =6,483,473.44 feet and · the POINT OF BEGINNING; thence along said Tract 38 the following courses:
1) South 00° 13' 53" West 211.28 feet;
'2) South 28° 00' 33' East 65.73 feet; thence leaving said Tract 38 the following courses:
3) South 58° 33'36" West 24.71 feet;
4) North 62° 19' 18" West 440.70 feet;·
5) North 58° 02' 45" West 169.42 feet;
6) North 55° 57' 40" East 416.53 feet to said Tract 38; thence along said boundary ·
7) South 36° 15' 24" East 304.24 feet to the point of beginning.

This description is based on California Coordinate System 1983, Zone

2. All distances are grid and in feet.
3 LINE TABLE

LINE LENGTH BEARING
L1 24.71 S58"33'36"W
L2 440.70 N62"19'18"W
L3 169.42 N58"02' 45"W
L4 416.53 N55"57' 40"E
L5 304.24 S36"15'24"E
L6 211.28 S00"13'53"W
L7 65.73 S28"00'33"E
LS 732.89 N22"45'39"W
L9 113.62 N31 "30'29"W
L10 52.81 S26"25'57"W
L11 15.82 S63"34'03"E
L12 89.82 so2·2s·19"E
L13 139.74 S37"17' 43"W ·
S0T09'43"WL14 53.79
S4T28'04"EL15 69.61
S71 ·59' 57"E L16 118.11
N52"25'26"
530.51'
z _. (.,J
N -1'>-
N ~
(J) (.,J
(j) _.
(JI OJ - ::
::E
()
-~ N 1796630.96
E 6481650.10
S34"3Q''J6"E .6.76r '

EASTERN EARLY

TRANSFER PARCEL
EETP
PARC.EL XVIII

16.233 acres
558.02'L17 114.75 S88"08'34"E RETRACEMENT GLO TRACT 38
L18 100.62 · N36"15'24"W S63"45'06" JOY SURVEY LINE (21RS94) EXCEPT~ON
PARt·•·r.:: ,.,.. v ... ;.~- 4..

N 1794821.24
ARLY E 6482868.92
~RCEL
EETP
PARCE

1.860 acres

CURVE TABLE
CURVE LENGTH RADIUS Delta L
C1 159.60 398.00 22"58'33" L1
C2 33.94 36.00 54"00'41"
C3. 166.67 433.00 22'03'18"
C4 183.97 838.00 12'34'42"
C5 ' 107.37 203.00 30'18'21" L
OB N 1793691.86
E 6483473.44 EETP

PARCEL IF

3.211 acres
FOUND NGS MONUMENT NOTE: MARE ID SE 1852, 1932 o
Basis of Bearings shown hereon are N 1,789,849.06 (21RS94) V POCE 6,488,254.02 based on California Coordinate System 83, Zone 2. All distances are grid
and in feet. EXHIBIT Q
· Date 1/17 /02WO 25116 Page4of4 Date 2/13/02 rev
Plat of
Cap .Lands
Mare Island -· Vallefo CA

CALIFORNIA STATE

LANDS COMMISSION

EXHIBITR

FORM OF STATE QUITCLAIM OF GAP LANDS
Recorded at the Request of and
When Recorded Mail to:

State Lands Commission
100 Howe Avenue
Suite 100 South
Sacramento, CA 95825-8202
ATTN: Blake Stevenson

STATE OF CALIFORNIA
OFFICIAL BUSINESS:

Document entitled to free
Recordation Pursuant to
Government Code Section 27383

NOTAXDUE

STATE OF CALIFORNIA

QUITCLAIM OF GAP LANDS
WHEREAS, the City of Vallejo ("City") and the State of California, acting by and through the State Lands Commission ("State"), have entered the Mare Island Property Settlement and Exchange Agreement ("Settlement Agreement"), which settles a title and boundary dispute between them with respect to certain lands in the City of Vallejo, County of Solano, State of California; and
WHEREAS, the State, by its Calendar Item No. 36, duly adopted at its regular public meeting on June 27, 2000, and as amended by its Calendar Item No. 68, duly adopted at its regular public meeting on September 1 7, 2001, all after notice pursuant to the requirements oflaw, approved the Settlement Agreement. The Settlement Agreement has been recorded as Instrument No. _____ in the Official Records of the County of Solano on ______ , 2002. This quitclaim is issued pursuant to the terms of the Settlement Agreement.

NOW THEREFORE, the State remises, releases, and forever quitclaims to the City, any interest (including any reversionary rights) the State possesses or owns in that real property described in Exhibit 1 attached hereto and referred to in the Settlement Agreement as the "Gap Lands."
This Quitclaim shall become effective upon its recordation in the Official Records of the County Recorder of Solano County.

IN TESTIMONY WHEREOF, I, GRAY DAVIS,
Governor of the State of California, have caused these
Letters to be made Patent, and the seal of the State of California to be hereunto affixed. Given under my hand at the City of Sacramento, this, the ___ day of
__________ , in the year of our Lord two
thousand and two.

GRAY DAVIS
Governor of State
Attest:

BILL JONES
Secretary of State
Countersigned:

PAULD. THAYER
Executive Officer
State Lands Commission
2 100299V2

CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Quitclaim dated _________ , 2002 from the State of California to the City of Vallejo, is hereby accepted by the undersigned officer or agent on behalf of the City pursuant to authority vested in the undersigned officer or agent by local ordinance.

Dated _________ , 2002
CITY OF VALLEJO, a municipal corporation
of the State of California
By:

WITNESS my hand and official seal.

SIGNATURE OF NOTARY
3 100299 V2
PARKS

GOLF COURSE
STATEI.ANDS

MIXED-USE
Office I R&D • Light industrial

HISTORIC CORE
□
■
G] INDUSTRIAL ·
EDUCATIONAi. /.CIVIC ~
■ RETAIL
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,· .
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Land Use Plari
Lennar Mare Island
5,23,00 SW.I Qmup

EXHIBITT

FORM OF CONVEYANCE INSTRUMENT
WHEREAS, the City of Vallejo ("City") and the State of California, acting by and through the State Lands Commission ("State"), approved the Mare Island Property Settlement and Exchange Agreement ("Settlement Agreement"). The Settlement Agreement, recorded as Instrument No. _____ in the Official Records of the County of Solano on ________ , 2002, was entered by the State, City and, for the limited purposes of agreeing to be bound by the restrictions on transfer and obligations under Paragraph 15 of the Settlement Agreement, Lennar Mare Island, LLC, a California limited liability company ("Lennar"); and
WHEREAS, Paragraphs 15(a)(v) and 15(b) of the Settlement Agreement outline certain restrictions and obligations on Lennar's transfer of title or conveyance of a lesser interest in any portion of Trust Termination Parcel IV, as such parcel is described in the Settlement Agreement. Said restrictions and obligations include a waiver of any claims or defenses such as estoppel, waiver, and !aches to the State's asserted sovereign land claims to the extent such claims or defenses are based upon actions by Lennar or Lennar' s grantee and a recognition of the State's asserted public trust claims as those claims are reflected in the Settlement Agreement; and
WHEREAS, the State shall release those sovereign land claims to Trust Termination Parcel IV upon recordation of the deed to Public Trust Parcel IV to the State, all as required by the Settlement Agreement.

NOW THEREFORE, Lennar, a limited liability company of California, does hereby grant to ___________ the rights described in Exhibit 1 attached hereto in that real property located in the City of Vallejo, County of Solano, State of California described in Exhibit 2 attached hereto, all subject to the terms and restrictions embodied in the Settlement Agreement and recognizing the State's sovereign claims in the real property now conveyed. Until the State issues a patent and trust termination for the real property described in Exhibit 2, this real property is subject to the State's sovereign land claims as they are reflected in the Settlement Agreement. Lennar's grantee, by accepting this conveyance of interest in the real property described in Exhibit 2, waives any claims or \\\\
\\\\
\\\\
\\\\
defenses such as estoppel, waiver, and laches to the State's asserted sovereign land claims to the extent such claims or defenses are based upon actions taken by Lennar or Lennar' s grantee to improve the property described in Exhibit 2.

Witness my hand this _____ day of ___ , 2002.

LENNAR MARE ISLAND, LLC, a limited
liability company of the State of California
2 116459V2

EXHIBITU

FORM OF LENNAR DEED TO STATE

FOR PUBLIC TRUST PARCEL IV
Recorded at the Request of and
When Recorded Mail to:

State Lands Commission
100 Howe Avenue
Suite 100 South
Sacramento, CA 95825-8202
ATTN: Blake Stevenson

STATE OF CALIFORNIA
OFFICIAL BUSINESS:

Document entitled to free
Recordation Pursuant to
Government Code Section 27383

NOTAXDUE

LENNAR MARE ISLAND LLC GRANT DEED

TO STATE OF CALIFORNIA
WHEREAS, the City ofVallejo ("City") and the State of California, acting by and through the State Lands Commission ("State"), have entered the Mare Island Property Settlement and Exchange Agreement ("Settlement Agreement"), which settles a title and boundary dispute between them with respect to certain lands in the City of Vallejo, County of Solano, State of California; and
WHEREAS, the City, through Resolution No. 02-43 N.C. adopted by the City Council of the City of Vallejo on January 29, 2002, and the State, by its Calendar Item No. 36, duly adopted at its regular public meeting on June 27, 2000, and as amended by its Calendar Item No. 68, duly adopted at its regular public meeting on September 17, 2001, all after notice pursuant to the requirements oflaw, approved the Settlement Agreement entered between the State, City and, for the limited purposes of agreeing to be bound by the restrictions on transfer and its obligations under Paragraph 15 of the Settlement Agreement, Lennar Mare Island, LLC, a California limited liability company ("Lennar"). The Settlement Agreement has been recorded as Instrument No. ______ in the Official Records of the County of Solano on _________ , 2002. This grant deed is issued pursuant to the terms of Paragraph 15(d) of the Settlement Agreement.

NOW THEREFORE, Lennar Mare Island, a limited liability company of California, does hereby forever grant to the State all of the right, title and interest of Lennar Mare Island in the real property located in the County of Solano described in Exhibit 1 attached hereto.

Witness my hand this _____ day of __, 2002.

LENNAR MARE ISLAND, LLC, a limited
liability company of the State of California

WITNESS my hand and official seal.

SIGNATURE OF NOTARY
2 100279 V2

PLAT OF
ALTERNATIVE ACCES~
LEGEND
- , - Altemathe Accea
to SLC Properly.

Access shall be subject to
the Provisions contained m.

Section 15(f) of this
Agreement.

Width of Access to and
along waterfront shall
primarily be 20' wide and
no less than 16' wide,
except where preexisting
structures or fmpro-vements
physically require a more
narrow width of access
INDEX
8RAPltC 8CALE
0 NO 700 1400
1___1
'
( IN FEET)
1 Inell • 700 fL
JU.P s«JB:r: JII1llB ,_ AorW "'"' ........
~~zoo•

EXHIBIT V

ALTERNATIVE ACCESS
l
()

EXHIBIT W,

DESCRIPTION OF

INACTIVE DREDGE PONDS

MARE ISLAND PROPERTY

SETTLEMENT AND EXCHANGE AGREEMENT
The following described tract of land is located in the City of Vallejo, Solano County, California and situated on the Southwestern side of Mare Island within the 'Western Early Transfer Parcel', being a portion of the tidelands and submerged lands of the area commonly known as Mare _ Island Naval Shipyard, conveyed to the United States of America for Military Purposes by the State of California by an Act approved March 9, 1897 in Chapter 81, Statutes of 1897 and an Act approved July 13, 1963 in Chapter 1452, Statutes of 1963, said tract being more particularly described as follows;
· The bearings and distances herein are based on the California State Plane Coordinate System NAD 83, Zone 2,
Monuments marked "L.S. 4995", cited herein, are described on a Record of Survey filed with Solano County in Book 23 of Surveys at Page 21.

T. 3 N., R. 4 W., Mt. Diablo Meridian
Commencing at National Geodetic Survey Triangulation Station "Mare Island SE Reset" having California Coordinate System 1983, Zone 2, epoch 1986 coordinates of North 1,789,849.06 and East 6,488,254.02 feet. Thence South 28° 18' 36" West a distance of 3416.77 feet to a point on the western side of Exception Parcel 5 (IR05 AREA) of Western Early Transfer Parcel, said point being a monument marked "2536, L.S. 4995, 1998" and the Point of Beginning of the herein described parcel,
thence along said Parcel 5 the following three courses, North 07° 56' 47" West a distance of 207.89 feet to an angle point of said Parcel 5; a monument marked "2535, L.S. 4995, 1998",
South 85° 55' 04" West a distance of 511.61 feet to an angle point of said Parcel 5, a monument marked "2534, L.S. 4995, 1998",
North 21 ° 11' 33" West a distance of 960.92 feet to a monument marked "2533, L.S. 4995, 1998", .:·::·,:~:-(:;:;··;!-..i :_ :.:L:· ... ·---~ ...,...~--, r:;!~-; ! . f'.' •.•. ·---- . -· . " ·-··-~~
thence North 24° 03' 53" West a distance of 803.21 feet to a monumei;it marked "2532, '·1·· ;,-. . . . 1'' ! . ' f '
i ; I t-.,, .., ,__,
'L
1 '.
i:
',
4995, 1998",
thence North 18° 45' 40" West a distance of 339.50 feet to a monument marked "2531, L.S. 4995, 1998",
thence North 10° 42' 03" West a distance of 164.94 feet to a monument marked "2537, L.S. 4495, 1998",
thence North 36° 34' 47" East a distance of 88.45 feet to a monument marked "2530, L.S. 4995, 1998",
J
thence North 53° 46' 03" East a distance of 97.48 feet to a monument marked "2529, L.S. 4495, 1998" and an angle point on the southwestern side Exception Parcel 3 of Western Early Transfer Parcel,
thence along said Parcel 3, the following twenty-nine courses; · North 03° 11' 10" West a distance of 41.91 feet to a monument marked "2528, L.S. 4495, 1998" on the arc of a 272.19 foot radius non-tangent curve concave to the northeast; to which point a radial line bears South 10°10' 37" East,
thence westerly and northwesterly 318.52 feet along the arc ofsaid curve through a central angle of 67°02' 52" to a monument marked "2527, L.S. 4495, 1998", thence on a line, non-tangent to said curve, North 35° 49' 01" West a distance of 189.59 feet to a monument marked "2526, L.S. 4495, 1998";
South 54 ° 34' 42" West a distance of 84.59 feet to the most southwestern comer of said Parcel 3, a monument marked "2525, L.S. 4495, 1998",
North 35° 19' 34" West a distance of 138.90 feet to the most northwestern comer of said Parcel 3, a monument marked "2524, L.S. 4495, 1998",
North 54° 40' 12" East a distance of 85.48 feet to a monument marked "2523, L.S. 4495; 1998",
North 35° 30' 37" West a distance of 363.95 feet to a monument marked "2522, L.S. · 4495, 1998",
· South 54° 35' 12" West a distance of 83.43 feet to a monument marked "2521, L.S. 4495, 1998",
North 35° 28' 48" West a distance of 135.26 feet to a monument marked "2520, L.S. 2 4495, 1998",
North 53° 45' 22" East a distance of 83.91 feet to a monument marked "2519, L.S. 4495, 1998",
North 35° 40' 56" West a distance of 416.43 feet to a monument marked "2518, L.S. 4495, 1998",
South 54° 35' 23" ·West a distance of 82.05 feet to a monument marked "2517, L.S. 4495, 1998",
North 35° 32' 37" West a distance of 135.40 feet to .a monument m3.!ked "2516, L.S:
4495, 1998", ·
North 54° 26' 50" East a distance of 83.37 feet to a monument marked "2515, L.S. 4495, 1998",
North 35° 45' 3911 West a (ii.stance of 368.16 feet to a monument marked "2514, L.S. 4495, 1998", ..

South 53°54' 43" West a distance of 81.36 feet to a monument marked "2513, L.S. 4495, 1998",
North 35° 36' 39" West a distance of 135.72 feet to a monument marked "2512, L.S. 4495, 1998",
North 54° 49' 22" East a distance of 83.70 feet to a monument marked "2511, L.S. 4495, 1998",
North 35° 38' 07'' West a distance of 364.61 feet to a monument marked "2510,L.S. 4495, 1998",
South 54° 20' 22" West a distance of 82.77 feet to a monument marked "2509, L.S. 4495, 1998",
North 35° 28' 46" West a distance of 135.19 feet to a monument marked "2508, L.S. 4495, 1998",
North 54° 24' 01" East a distance of 83.18 feet to a monument marked "2507, L.S. 4495, 1998",
North 35° 28' 43" West a distance of 465.20 feet to a monument marked "2506, L.S. 4495, 1998",
3 (
South 54° 33' 40" West a distance of 83.01 feet to a monument marked "2505, L.S. 4995, 1998",
North 35° 28' 36"·West a distance of 195.67 feet to a monument marked "2504, L.S. 4995, 1998",
North 54° 27' 00" East a distance of 83.80 feet to a monument marked "2503, L.S. 4995, 1998",
North 35° 32' 20" West a distance of 429.98 feet to a monument marked "2502, L.S. 4995, 1998",
North 76° 49' 06" West a distance of 126.64 feet to a monument marked "2501, L.S. 4995, 1998",
North 35° 23' 15" West a distance of 283.00 feet to a monument marked "2500, L.S. 4495, 1998",
thence South 53° 42' 53" West a distance of 1636.52 feet to a monument marked "2538, L.S. 4495, 1998",
thence North 81 ~ 26' 30" West a distance of 247.82 feet to a monument marked "2539, L.S. 4495, 1998",
thence North 26° 29' 55" West a distance of 1426.91 feet to a monument marked "2540; L.S. 4495, 1998",
thence North 31 ° 11' 43" West a distance of 210.80 feet to a monument marked "2541, L.S. 4495, 1998",
thence North 37° 07' 48" West a distance of 793.63 feet to a monument marked "2542, L.S. 4495, 1998",.
thence North 51 ° 11' 48" West a distance of 726.27 feet to a monument marked "2543, L.S. 4495, 1998",'
thence North 34° 46' 09" West a distance of 500.13 feet to a monument marked "2544; L.S. 4495, 1998",
thence North 02° 48' 17" West a distance of 165.01 feet to a monument marked "2545, L.S. 4495,.1998", '
thence North 14° 17' 10" West a distance of 93.27 feet to a monument marked "2546, L.S. 4495, 4 C)
1998",
thence North 28° 39' 34" _West a distance of 398.91 feet to a monument marked "2547, LS. 4495, 1998",
thence North 53° 04' 51" West a distance of 164.43 feet to a monument marked "2548, L.S. 4495, 1998",
thence North 33° 11' 17'' West a distance of 1187.31 feet to a monument marked "2549, L.S. 4995, 1998",
thence North 16° 28' 10" West a distance of 198.65 feet to a monument marked "2550, L.S. 4995, 199B",
thence North 31 ° 02' 05" West a distance of 286.28 feet to a monument marked "2551, L.S. 4495, 1998",
thence North 40° 51' 02" West a distance of 141.14 feet to a monument marked "2552, L.S. 4495, _1998",
thence North 60° 47' 52" West a distance of 130,61 feet to a monument marked "2553, L.S. 4495, 1998",
thence North 30° 37' 29" West a distance of 633.49 feet to a monument marked "2554, L.S. 4495, 1998",
thence North 73° 57' 26" West a distance of 40.34 feet to a monument marked "2555, L.S.4495, 1998" also being an angle point on the exterior of a certain parcel designated Exception Parcel 1 of Western Early Transfer Parcel (IR/H-1 AREA),
thence along said Parcel 1 the following five courses:

North 29° 37' 02" West a distance of 732.20 feet to an angle point of said Parcel 1 being a monument marked "2556, L.S. 4495, 1998",
North 28° 37' 05" West a distance of 458.60 feet to an angle point of said Parcel 1 being a monument marked "2557, L.S. 4495, 1998",
North 59° 43' 16" East a distance of 594.31 feet to an angle point of said Parcel 1 being a monument marked "2560, L.S. 4495, 1998",
North 55° 39' 20" East a distance of 1569.98 feet to a point on line being a monument . marked "2561, L.S. 4495, 1998",

5. C)
Continuing North 55° 39' 20" East a distance of 397.67 feet-(a total of 1967.65 feet) more or less to a point on the western meander line of Tract 38 as defined in a 1923 Survey by the General Land Office conducted by Francis Joy and an exterior line of the Western Early Transfer Parcel,
thence along ~aid meander line and said parcel the following three courses:

North 43° 00' 17" West a distance of 653.13 feet,
North 47° 15' 13" West a distance of 2284.27 feet,
North 54° 49' 07'' West a distance of 545.96 feet to the grant boundary line of said Acts at _AP 5, as shown on that Map filed in Book 22 of Maps at Page 44 Solano County Records. thence along said grant boundary line and continuing along the exterior of Western Early Transfer Parcel the following three courses:

South 40° 11' 47" West a distance of 5682.87 feet to the most westerly point called out in said Acts,
South 15° 38' 14" East a distance of 13456.71 feet to the southwest point called out in said Acts,
North 79° 30' 03" East a distance. of 10456.63 feet to an angle point of Exception Parcel 5 (IR05 AREA) of the Western Early Transfer Parcel,
thence leaving the exterior of the Western Early Transfer Parcel North 07°56' 47" West along the western side of said Exception Parcel a distance of 57.78 feet, more or less, to the Point of Beginning.

Containing 2473.54 acres, more or less.

The above described tract of land is delineated on a map tracing designated State of California Tract (2LS-l ); bearing the date of February 7, 2002, of record in the files of the Department of the Interior, Fish and Wildlife Service, Division of Realty, Portland, Oregon. A print from that map tracing is attached hereto.
6 LINE TABLE

DIRECTION DISTANCELINE
N 31"1143" W 210.80L7
N 3707 48" W 793.63LB
N 51"1148" W 726.27L9
N 34"4609" W 500.13L10
N 02"4817" W 165.01L11
N 14"1710" W 93.27L12
N 28"3934" W 398.91L13
N 53'0450" W 164.43L14
N 16"2810" W 198.65L15
N 31'0205" W 286.28L16
N 40"5102· W 141.14L17
L18 N 60"4752" W 130.61
N 73'5726" W 40.34L20

UNITED STATES DEPARTMENT OF THE INTERIOR

FISH AND WILDLIFE SERVICE
San Pablo· Bay National Wildlife :Refuge
State of California Tract (21~...,.1)
2473.54 acres
THIS MAP WAS COMPILED FROM OFFlCIAL PLATS

OF THE BUREAU OF LAND MANAGEMENT,
PRII/AlE SURVEYS RECORDED AND UNRECORDED,

PHOTOGRAMMETRIC SURVEYS AND FJELD
SURVEYS MADE BY FOR THE FlSH AND WILDLIFE
SERVICE IN OCTOBER 15, 1998, AND DATA IN
RECORDS OF THE flSH AND WILDLIFE SERVICE.

Found NGS stallan
'MARE ISLAND SE RESEI'
Monument marlcad
'MARE ID SE 1852 1932'
CSPCSIIJ EPOCH 1986
ZONE 2,
N 1789848.06'
E 11488254,02'
Exhibit W- Page 7 of 8
0 1500 3000
Solano County, California
6000 9000 12000
FEET
FD. 3" DIA.

IRON P0SI'
PER ()1
(ANGLE POINT f
)
FD. 3" DIA. T. 3 N., R. 4 W., Mt. Diablo Meridian

IRON POST
PER ( )1
(ANGLE POINT f4
OF 1923 Jar S~RYEY)
\
\
\~~
\ ~
BASIS Of BEARING
DERIVED FROM G.P.S. OBSERVATIONS BASED ON STATION 'MARE ISLAND SE RESIT BE'ARINGS SHOWN HEREON ARE ON CAUFDRNIA STAlE PIANE ZONE 2 GRID.

AT SAID STATION, ROTATION ANGLE TO COVERT GRID TO TRUE BEARING IS a09•39•

ALL DISTANCES SHOWN ARE ON SAID GRID,
OF 1923 Jar SU
732.20
N 30"37'2
633.49
N 33"11'1
1187.

AT SAID STAllON, SCALE
·CALCULATED POINT

A FOUND MONUMENT AS NOTED
□

BOUNDARY LINE
l.EGENO..
3 1/4" dia. U.S. FctWS ALUM, CAP ON A f5 REBAR, OR4MIO 2 1/2" dla. U.S. FctWS BRASS CAP ON A 1" dla. PVC PIPE, CAP MARKED WITH NUMBER SHOWN IN BACK SLANT lEXT AND
SET BY IS 4995 IN 1998, PER RECORD OF SURVEY bk. 23 pg, 21, FACIOR TO CONVERT GRID DISTANCE TO GROUND IS 0.999931935 \'(\"\
RETRACEMENT OF \
lRACT 38 PER CJ:
~::~~~ -\ • 2 1/2" ALUM. DISC STAMPED
IS 6951 PER ( )1 BY FRANCIS 3JY
J
( )I RECORD OF SURVEY bk. 21 pg. 94
¥oz.,./4A!
.

BRE:AKWATER
Sheet 1 of 2
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~

UNITED STATES DEPARTMENT OF THE INTERIOR

FISH AND WILDLIFE SERVICE
San Pablo Bay; National Wffdlife Refuge
! , Exhibit W -
I
0 500 1000
i,-,.....-- L;;.j ;;I
-Page 8 .of 8
2000
I
3000
I
4000
I FEET
BASIS Of BEARINGS
r
DERIVED FROM G.P.S. OBS£RVATIONS BASED ON STATION 'MARE ISi.AND SE RESET' BEARINGS SHOWN HEREON ARE ON CALIFORNIA STAlE PI.ANE ZONE 2 GRID, AT SAID STATION, ROTATION ANGLE TO CO'IERT GRID TO TRUE BEARING IS 0'09°39' All DISTANCES SHOWN ARE ON SAID GRID,
AT SAID STATION, SCALE FACTOR TO CON'IERT GRID DISTANCE TO GROUND IS 0.999931935 -LEGEND
D
•
( )1
3 1/4" dia. U.S. F&WS ALUM. CAP ON A #5 REBAR, OR
2 1/2" dia. U.S. F&WS BRASS CAP ON A 1" dia. PVC PIPE,
CAP MARKED WllH NUMBER SHOWN IN BACK SLANT TEXT AND
SET BY LS 4995 IN 1998. PER RECORD OF SURVEY bk. 23 pg.. 21

FOUND MONUMENT AS NOTED

CALCULATED POINT

BOUNDARY LINE
FD. 2 1/2" ALUM. DISC STAMPEO
LS 6951 PER ( )1 _
RECORD OF SURVEY bk. 21 pg. 94

BUILDING
LINE
L1
L2
L3
L4
L5
L6
L7
LB
L9
L10
L11
L12
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
L25
L26
L27
L28

LINE TABLE

DIRECTION DISTANCE
N 18"45'40" W 339.50
N 10"42'03" W 164.94'
N 36"34'47" E 88.45
N 53°46'03" E 97.48
N 03"11'10" W 41.91
N 35·49•01" W 189.59
S 54·34•42• W 84.59
N 35;9•34• W 138.90
N 54•40•12• E 85.48
N 35"30'37" W 363.95
S 54·35•12· W 83.43
N 35"28 48 W 135.26'
N 53'45'22" E 83.91'
N 35'40'56" W 416.43'
S 54'35 23 W 82.05'
N 35'32 37 W 135.40'
N 54'26'5o• E 83.37'
N 35'45 39 W 368.16'
S 53'54 43 W 81.36'
N 35'36 39" W 135.72'
N 54'49 22 E 83.70'
N 35'38 07 W 364.61'
S 54"20 22 W 82.77'
N 35"28 46 W 135.19
N 54"24 01 E 83.18
N 35"28 43 W 465.20
S 54•33•40• W 83.01'
N 35'28 35• W 195.67'
Point of Beginning (POB) =
point 2536 coordinates are
N = 1,786,840,96'
L29
L30
L31
N 54'27'00" E 83.80
N 35'32 20 W 429.98'
N 76'49 06 W 126.64'
E = 6,486,633.64' L32 N 35"2315 W 283.00
Sheet 2 of 2

EXHIBITX

DESCRIPTION OF PARCEL TO WHICH INDUSTRIAL EASEMENT IS APPURTENANT FOR

All of EDC Parcel IV as shown on that certain map entitled "Record of Survey showing Parcel IV for Economic Development Conveyance for the Benefit of the City of Vallejo", recorded September 24, 2001 in Book 24, Surveys, Page 71, Solano County Records, Solano County, State of California.

EXCEPTING THEREFROM
All of that certain parcel of land described in Exhibit E, Description of Public Trust Parcel IV for Mare Island Property Settlement and Exchange Agreement, recorded on _____ in Book ___ , 'Page(s) ____ , Solano County Records, and lying northerly of the following described line:

Beginning at a point with CCS83 Zone II (NAD 83) Coordinates of Nl 798454.44 feet, E6484317.93 feet lying North 24°34'46" West, 9462.25 feet from a standard USC&GS brass disk stamped "MARE ID SE 1852 1932" referred to as "SEMARE" with CCS83 Zone II (NAD 83) Coordinates of Nl 789849.0637 feet, E6488254.0248 feet, as shown and delineated on that certain Record of Survey filed for record in Book 24 Surveys Page 51, Solano County Records, from which a 2½" Aluminum Disk stamped "Mare Island Control Point, McGill-Martin-Self, Inc.

Orinda, CA., 3" and referred to as "HCN-3" on said Map bears North 49° 03' 38" West 8161.75 feet;
Thence from said point of beginning North 36° 15' 56" East, 61.64 feet to the end of the described line.

Said area contains 61.71 acres, more or less; attached plat for reference only.

Page 1 of 4 ends

EXHIBIT X

DESCRIPTION OF PARCEL TO WHICH INDUSTRIAL EASEMENT IS APPURTENANT FOR

MARE ISLAND PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT

Page 2 of 4 ends

BASIS OF BEARING
The bearing of N35°54'10"W between the found,standard brass disk stamped "Mare ID SE 1852 1932" (USC&GS first order triangulation point named "SEMARE") and the horizontal control network point labeled "HCN-03" as both points are shown on the map filed for record in Book 24 Surveys Page 51, Solano County Records was taken as the Basis of bearing for this legal description and is the California Coordinate System 1983 (CCS83), Zone 2.

All distances are ground and in feet unless otherwise noted. To obtain grid distances multiply ground distance by 1.000062043
, END OF DESCRIPTION
\
I·.

I
200

SCALE IN FEET
0 --
400
1" ■ 400'
I
LEGEND

HORIZONTAL CONTROL MONUMENT

ANGLE POINT OF BOUNDARY
~-- PUBLIC TRUST PARCEL BOUNDARY

2 EXHIBIT "B"
PREPARED FORCITY OF VALLEJO, COUNTY OF SOLANOSTATE OF CALIFORNIATel: (707) 255-2729 FAX. (707) 255-5021 WWW.CHAUDHARY.COM& ASSOCIATES, INC.CHAUDHARY211 GATEWAY RD. WEST, SUITE 204INSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORSNAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558ENGINEERSENGINEERSENGINEERSENGINEERSENGINEERSENGINEERSSURVEYORSSURVEYORSSURVEYORSSURVEYORSSURVEYORSSURVEYORS CEMETERY PARCEL1 inch = 500 ft.( IN FEET )GRAPHIC SCALE0250500500 LEGEND
D
∆
EXHIBIT "B"1 inch = 60 ft.( IN FEET )GRAPHIC SCALE060 6030 Tel: (707) 255-2729 FAX. (707) 255-5021 WWW.CHAUDHARY.COM& ASSOCIATES, INC.CHAUDHARY211 GATEWAY RD. WEST, SUITE 204INSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORSNAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558ENGINEERSENGINEERSENGINEERSENGINEERSENGINEERSENGINEERSSURVEYORSSURVEYORSSURVEYORSSURVEYORSSURVEYORSSURVEYORS

IMHOFF ROADCEMETERY PARCEL
MARE ISLAND(FORMER MARE ISLAND NAVAL SHIPYARD)City of Vallejo, County of SolanoState of California DETAIL "A"(PET HEADSTONE)1 inch = 10 ft.SCALE:

2 PREPARED FORCITY OF VALLEJO, COUNTY OF SOLANOSTATE OF CALIFORNIATel: (707) 255-2729 FAX. (707) 255-5021 WWW.CHAUDHARY.COM& ASSOCIATES, INC.CHAUDHARY211 GATEWAY RD. WEST, SUITE 204INSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORSNAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558ENGINEERSENGINEERSENGINEERSENGINEERSENGINEERSENGINEERSSURVEYORSSURVEYORSSURVEYORSSURVEYORSSURVEYORSSURVEYORS EXHIBIT "B"INGRESS/EGRESS, PARKING &RESTROOM FACILITIES EASEMENT LEGEND
PREPARED FORCITY OF VALLEJO, COUNTY OF SOLANOSTATE OF CALIFORNIATel: (707) 255-2729 FAX. (707) 255-5021 WWW.CHAUDHARY.COM& ASSOCIATES, INC.CHAUDHARY211 GATEWAY RD. WEST, SUITE 204INSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORS& ASSOCIATES, INC.CHAUDHARYINSPECTORSNAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558ENGINEERSENGINEERSENGINEERSENGINEERSENGINEERSENGINEERSSURVEYORSSURVEYORSSURVEYORSSURVEYORSSURVEYORSSURVEYORS 1 inch = 500 ft.( IN FEET )GRAPHIC SCALE0500 500250
∆
D
∆∆
D
EXHIBIT "B"
GRAPHIC SCALE0 808040
MARE ISLAND(FORMER MARE ISLAND NAVAL SHIPYARD)City of Vallejo, County of SolanoState of CaliforniaTel: (707) 255-2729 FAX. (707) 255-5021 WWW.CHAUDHARY.COM& ASSOCIATES, INC.CHAUDHARY211 GATEWAY RD. WEST, SUITE 204INSPECTORS & ASSOCIATES, INC.CHAUDHARYINSPECTORS
& ASSOCIATES, INC.CHAUDHARYINSPECTORS
& ASSOCIATES, INC.CHAUDHARYINSPECTORS
& ASSOCIATES, INC.CHAUDHARYINSPECTORS
& ASSOCIATES, INC.CHAUDHARYINSPECTORSNAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558NAPA, CALIFORNIA 94558ENGINEERSENGINEERSENGINEERSENGINEERSENGINEERSENGINEERSSURVEYORSSURVEYORSSURVEYORSSURVEYORSSURVEYORSSURVEYORSIMHOFF ROAD

INGRESS/EGRESS,PARKING & RESTROOMFACILITIES EASEMENT

AZUARROAD
1 inch = 80 ft.( IN FEET )
DETAIL "A"(PET HEADSTONE)1 inch = 10 ft.SCALE:

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100 South
Sacramento, CA 95825

STATE OF CALIFORNIA
OFFICIAL BUSINESS:

Document entitled to free recordation pursuant to
Government Code Section 27383
SLC File No.: G17-02/AD 376 [Space above for Recorder’s Use] APNs: [TBD]

CITY OF VALLEJO

GRANT DEED TO STATE OF CALIFORNIA
WHEREAS, the City of Vallejo (“City”) and the State of California, acting by and through the State Lands Commission (“State”), have entered the Mare Island Property Settlement and Exchange Agreement (“Settlement Agreement”), which settles a title and boundary dispute between them with respect to certain lands in the City of Vallejo, County of Solano, State of California; and
WHEREAS, the City, through Resolution No. 02-43 N.C. adopted by the City Council of the City of Vallejo on January 29, 2002, and the State, by its Calendar Item No. 36, duly adopted at its regular public meeting on June 27, 2000, and as amended by its Calendar Item No. 68, duly adopted at its regular public meeting on September 17, 2001, all after notice pursuant to the requirements of law, approved the Settlement Agreement. The Settlement Agreement has been recorded as Instrument No. 2002-00037955 in the Official Records of the County of Solano on March 26, 2002; and
WHEREAS, the City and State entered into that certain Amendment to Mare Island Property Settlement and Exchange Agreement, recorded as Instrument No. _________________ in the Official Records of the County of Solano on ____________, 2023. This grant deed is issued pursuant to the terms of the Settlement Agreement, as amended; and WHEREAS, all warranties or indemnities provided by the United States pursuant to the Defense Authorization Act of 1993, Pub. L. 102-484 § 330(a)(1), Defense Base Realignment and Closure Act of 1990, Pub. L. 105-510 § 2901 et seq., and the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9620(d), and pertaining to the release or threatened release of any hazardous substance, pollutant, contaminant, petroleum, or petroleum derivative resulting from Department of Defense activities, if any, are retained by the City and transferred to the State along with the grant of real property made herein.

NOW THEREFORE, the City does hereby forever grant to the State any and all right, title, and interests in the real property located in the County of Solano described in Exhibit 1 attached hereto.

Witness my hand this ______________ day of ________, 2023.

CITY OF VALLEJO
By:_______________________________
City Manager
[Attach notary acknowledgment]

CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING
Government Code 27281
This is to certify that the STATE OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION, an agency of the STATE OF CALIFORNIA, hereby accepts from the CITY OF VALLEJO, the right, title, and interest in real property conveyed by the Quitclaim Deed dated _____________________, 2023.

The STATE OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION, an agency of the STATE OF CALIFORNIA, hereby consents to the recordation of this conveyance in the Office of the Assessor-Recorder for the City and County of San Francisco.

This acceptance and consent to recording is executed by and on behalf of the STATE OF CALIFORNIA by the STATE LANDS COMMISSION, acting pursuant to law, as authorized by the Commission’s approval of Staff Report No. ___ on February 28, 2023, by its duly authorized undersigned officer.

STATE OF CALIFORNIA,

STATE LANDS COMMISSION
Date:_______________________ ____________________________ Jennifer Lucchesi

EXECUTIVE OFFICER
EXHIBIT 1
Description of Trust Termination Parcel Mare Island Cemetery for Mare Island Property Settlement & Exchange Agreement
To be inserted

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100 South
Sacramento, CA 95825

STATE OF CALIFORNIA
OFFICIAL BUSINESS:

Document entitled to free recordation pursuant to
Government Code Section 27383
SLC File No.: G17-02/AD 376 [Space above for Recorder’s Use] APNs: [TBD]

STATE OF CALIFORNIA

PATENT AND TRUST TERMINATION
WHEREAS, the City of Vallejo (“City”) and the State of California, acting by and through the State Lands Commission (“State”), have entered the Mare Island Property Settlement and Exchange Agreement (“Settlement Agreement”), which settles a title and boundary dispute between them with respect to certain lands in the City of Vallejo, County of Solano, State of California; and
WHEREAS, the City, through Resolution No. 02-43 N.C. adopted by the City Council of the City of Vallejo on January 29, 2002, and the State, by its Calendar Item No. 36, duly adopted at its regular public meeting on June 27, 2000, and as amended by its Calendar Item No. 68, duly adopted at its regular public meeting on September 17, 2001, all after notice pursuant to the requirements of law, approved the Settlement Agreement. The Settlement Agreement has been recorded as Instrument No. 2002-00037955 in the Official Records of the County of Solano on March 26, 2002; and
WHEREAS, the City and State entered into that certain Amendment to Mare Island Property Settlement and Exchange Agreement, recorded as Instrument No. _________________ in the Official Records of the County of Solano on ____________, 2023.

WHEREAS, pursuant to the Settlement Agreement the City has conveyed and will convey certain lands and interests therein to the State so that the State may impose the public trust for the purposes of commerce, navigation, and fisheries.

NOW THEREFORE, the State remises, releases, assigns, transfers, and forever quitclaims to the City any and all right, title, and interest held by the State by virtue of its sovereign trust title to tide and submerged lands in and to the real property described in Exhibit 1 attached hereto. The State Lands Commission has found and declared that the above-described real property has been reclaimed and removed from the public channels and is no longer available for use or susceptible of being used for public trust purposes and is no longer in fact tide or submerged lands. The real property described in Exhibit 1 is hereby forever free for the public trust for commerce, navigation, fisheries, water-oriented recreation, and preservation of the land in its natural state.

This Patent shall become effective upon its recordation in the Official Records of the County Recorder of Solano County.

IN APPROVAL WHEREOF, I, GAVIN NEWSOM, Governor of the State of California, have set my hand and caused this Seal of the State of California to be hereunto affixed pursuant to section 6107 of the Public Resources Code of the State of California. Given under my hand at the City of Sacramento this, the ______________ day of ____________________, 2023. ____________________________

GAVIN NEWSOM
Governor, State of California
Attest:

SECRETARY OF STATE
By: ________________________
Shirley N. Weber, Ph.D.

Countersigned:
__________________________
Jennifer Lucchesi

EXECUTIVE OFFICER

STATE LANDS COMMISSION

CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING
Government Code 27281
This is to certify that the CITY OF VALLEJO, hereby accepts from the STATE OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION, the right, title, and interest in real property conveyed by the Patent and Trust Termination dated _____________________, 2023, pursuant to City Council Resolution No. 02-43 N.C. adopted by the City Council of the City of Vallejo on January 29, 2002

CITY OF VALLEJO
Date:_______________________ ____________________________ City Manager
EXHIBIT 1
Description of Trust Termination Parcel Mare Island Cemetery for Mare Island Property Settlement & Exchange Agreement
To be inserted
1 IRV #4858-2192-8492 v11

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100 South
Sacramento, CA 95825

STATE OF CALIFORNIA
OFFICIAL BUSINESS:

Document entitled to free recordation pursuant to
Government Code Section 27383
SLC File No.: G17-02/AD 376 [Space above for Recorder’s Use] APNs: [TBD]

AMENDMENT TO MARE ISLAND

PROPERTY SETTLEMENT AND EXCHANGE AGREEMENT
This Amendment to the Mare Island Property Settlement and Exchange Agreement (“Amendment”) is dated for reference as of ______________________, 2023. The parties to this Amendment (each individually a “Party,” and collectively the “Parties”) are the STATE OF CALIFORNIA, acting by and through STATE LANDS COMMISSION (“Commission”), and the CITY OF VALLEJO (“City”). LENNAR MARE ISLAND, LLC (“Lennar”), also a Party, joins only to affirm that this Amendment does not affect Lennar’s interests in the Settlement Agreement (defined below), except to the extent the Implementation Framework described in Paragraph 5 below addresses Public Trust Parcel IV, which is presently owned by Lennar, and Lennar is executing the Amendment principally because paragraph 31 thereof requires amendments to be executed by all parties to the Settlement Agreement.

RECITALS
A. Commission, City, and Lennar are parties to the Mare Island Property Settlement and Exchange Agreement (“Settlement Agreement”) dated February 28, 2002, and recorded in the Official Records of the Solano County as Instrument No. 02-37955 on March 26, 2002. The Settlement Agreement was confirmed as valid and binding on the Parties and Lennar by Solano County Superior Court judgment dated December 17, 2002. The California Legislature incorporated the Settlement Agreement into state law by Chapter 588, Statutes of 2004 (“Chapter 588”), which among other provisions states that “[a]s to the lands that are the subject of the [Settlement Agreement], the disposition of those lands is to be governed by that agreement.” B. The purpose of the Settlement Agreement was “to settle issues regarding sovereign public trust land title within the Mare Island Naval Shipyard and, through a land exchange, to establish undisputed sovereign land title in certain described lands at Mare Island and terminate actual and state-asserted sovereign land title in other described areas.” To accomplish this purpose, the Parties agreed to a series of land transactions that would confirm certain parcels as sovereign land, reserved for public trust uses (“Public Trust Parcels”), and that would clear other parcels of State claims, making them available for private development (“Trust Termination Parcels”). These land 2 IRV #4858-2192-8492 v11
transactions would result in an exchange in which some lands that were not (or may not have been) historic sovereign lands would become sovereign and some lands that were (or may have been) historic sovereign lands would become private lands. A precondition for the land transactions is the transfer of parcels from the United States, Department of the Navy (“Navy”), to City or Commission but only after Navy has either remediated hazardous waste and dangerous materials on the parcels or provided certain assurances and/or entered into ancillary agreements to ensure environmental remediation of such parcels.

C. The Parties have completed few of the land transactions contemplated by the Settlement Agreement, and various events and issues have interfered with the completion of the land transactions, including, but not limited to:
1) A process of environmental remediation far longer than originally expected; 2) The United States Fish & Wildlife Service deciding not to lease a large marshland parcel from the State; and
3) Differing interpretations of Chapter 588 relating to which parcels would be managed by the City and State and the process that may be required to fully vest title to Public Trust and Trust Termination Parcels in the appropriate parties.

D. Mare Island contains California’s oldest naval cemetery, Mare Island Cemetery (“Cemetery”), which is a contributing resource to the Mare Island Historic District on the National Register of Historic Places. The Cemetery is described and depicted on Exhibit 1 “Description of Trust Termination Parcel Mare Island Cemetery”, and is hereinafter referred to as “Trust Termination Parcel Mare Island Cemetery.” The Settlement Agreement designates the parcel containing the Cemetery as Public Trust Parcel VIIb. The City owns the Cemetery in fee, and Public Trust Parcel VIIb has not yet been transferred to the State.

E. Since the April 1996 closure of the Mare Island Naval Shipyard, the Cemetery has fallen into disrepair until the United States Army Innovative Readiness Training program intervened and provided needed repairs. Additional repairs are required to bring the Cemetery up to United States Department of Veterans Affairs (“VA”) standards. United States Congressman Michael Thompson, the representative for the district that includes City, introduced a federal bill allowing the VA to enter into an agreement with City whereby City would transfer the Cemetery to VA and the VA would maintain the Cemetery as a historic resource open to the public. The bill became law in 2021 when it was included in the Fiscal Year 2021 National Defense Authorization Act. (Pub.L. No. 116-238 (Jan. 1, 2021).)
F. The Parties desire to amend the Settlement Agreement to allow City to convey to the VA fee title to the land underlying the Cemetery. The Parties further intend to amend the Settlement Agreement to set forth a process for negotiating in good faith a framework to ensure implementation of the Settlement Agreement and compliance with Chapter 588 and state law.

NOW THEREFORE, in consideration of the foregoing recitals, the Parties hereby agree as follows:
3 IRV #4858-2192-8492 v11

AGREEMENTS

1. Amendment of Exhibit N. Exhibit 1 of this Amendment, “Description of Trust Termination Parcel Mare Island Cemetery for Mare Island Property Settlement & Exchange Agreement,” is added to the end of Exhibit N to the Settlement Agreement.

2. Amendments of Exhibit E.

2.1 Pages 17–21 of Exhibit E to the Settlement Agreement, “Description of Public Trust Parcel VIIa for Mare Island Property Settlement and Exchange Agreement,” are removed and replaced by Exhibit 2 of this Amendment, “Amended Description of Public Trust Parcel VIIa for Mare Island Property Settlement and Exchange Agreement.”

2.2 Pages 22–25 of Exhibit E to the Settlement Agreement, “Description of Public Trust Parcel VIIb for Mare Island Property Settlement and Exchange Agreement,” are removed and replaced by Exhibit 3 of this Amendment, “Amended Description of Public Trust Parcel VIIb for Mare Island Property Settlement and Exchange Agreement.”

3. Transfer of Cemetery. The Parties agree that Trust Termination Parcel Mare Island Cemetery is a Trust Termination Parcel meeting the requirements of Paragraph 11 of the Settlement Agreement. The City shall execute, acknowledge, and deliver to State, and the State shall accept, a quitclaim deed substantially in the form of Exhibit J for Trust Termination Parcel Mare Island Cemetery. The State shall execute, acknowledge, and deliver to City, and the City shall accept a trust termination patent substantially in the form attached to the Settlement Agreement as Exhibit O for Trust Termination Parcel Mare Island Cemetery.

4. State Public Trust Patent for Public Trust Parcel VIIa. Without either Party waiving any theory, claim, or objection as to the meaning or intent of the Settlement Agreement or Chapter 588, the Parties agree that one certain way to vest fee title of a Public Trust Parcel in the City, as trustee subject to Chapter 588, is through a Public Trust Patent. The State shall execute, acknowledge, and deliver to City, and the City shall accept, as trustee pursuant to Chapter 588, a public trust patent for Public Trust Parcel VIIa in a mutually agreeable form.

5. Implementation Framework. The Parties shall negotiate in good faith in an effort to reconcile, comply with and fully implement the Settlement Agreement and Chapter 588. To do so, the Parties shall endeavor to develop a mutually acceptable implementation framework in the form of an agreement to be executed by the Commission and City, and, if the implementation framework addresses the transfer of Public Trust Parcel IV, by Lennar (but only with respect to the provisions related to Public Trust Parcel IV) Provided Commission and City (and Lennar, as it applies to Public Trust Parcel IV) reach agreement, Commission and City commit to executing such an agreement within one year of the effective date of this Amendment. The Parties agree that the following topics will be addressed in the framework negotiations:
4 IRV #4858-2192-8492 v11
(a) The meaning and intent of Chapter 588 regarding Public Trust Parcels conveyed by the Navy to the City, and when and how to comply, if action is required (b) The meaning and intent of Chapter 588 regarding Public Trust Parcels conveyed by the Navy to the Commission, and when and how to comply, if action is required (c) The meaning and intent of the Settlement Agreement and Chapter 588 regarding Transfer Parcel XVI, also known as the Federal Parcel–Fish & Wildlife (d) Whether, when, and how to terminate the state’s claims in Trust Termination Parcels (e) Whether the final configuration of public trust lands and trust termination lands, once the Settlement Agreement as amended is fully implemented, will meet the Commission’s findings and authorizations and is consistent with Chapter 588 (f) Any other factual or legal issues impeding fulfillment of the Settlement Agreement and compliance with Chapter 588 and state law
For transparency, Commission staff will report on progress to the Commission at properly noticed public meetings on or before August 1, 2023, December 31, 2023, and March 31, 2024.

6. Costs. City shall bear or cause VA to bear the cost of surveys, engineering work, document preparation, recording fees, title insurance premiums, and escrows, if needed, related to transfer and conveyance of parcels described in this Amendment. Commission shall bear its own costs for staff review, including review of City-prepared surveys.

7. Ratification; Conflicts. In the event of any conflict between the terms of the Settlement Agreement and the terms of this Amendment, the terms of this Amendment shall control.

Except as expressly amended by this Amendment, the Settlement Agreement shall remain unmodified and in full force and effect.

8. Counterparts. This Amendment may be executed in two or more counterparts. If so executed, each of such counterparts is to be deemed an original for all purposes, and all such counterparts shall, collectively, constitute one agreement.

9. Recitals and Exhibits. The above recitals and exhibits attached hereto are incorporated herein by this reference.

10. Recordation in Official Records. Promptly following full execution hereof, the City shall record this Amendment in the Official Records of the County of Solano, California.

11. Effective Date. This Amendment shall become effective upon execution by the Parties, and the Governor. The Governor shall be the last to sign.

To witness this Amendment, a duly authorized officer of each signatory has executed it below on the date opposite each signature.
[SIGNATURES BEGIN ON FOLLOWING PAGE]
5 IRV #4858-2192-8492 v11

STATE OF CALIFORNIA

STATE LANDS COMMISSION
DATED: _______________________________By: ______________ Jennifer Lucchesi
Executive Officer
Approved as to form:

Rob Bonta
Attorney General of the
State of California
DATED: _________________________________By:________________________ Shari Posner
Deputy Attorney General
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
6 IRV #4858-2192-8492 v11
DATED: CITY OF VALLEJO
By:___________________
Michael A. Malone
City Manager
Approved as to form:

DATED: __________________________________By: _____________ Veronica Nebb
City Attorney
[SIGNATURES CONTINUE ON FOLLOWING PAGE]
7 IRV #4858-2192-8492 v11
Lennar Mare Island, LLC, a Delaware limited liability company, by Lennar Homes of California Inc. its sole member
By: ___________________________________________________ DATED:__________ [Name]
[Title]
8 IRV #4858-2192-8492 v11
IN APPROVAL WHEREOF, I, GAVIN NEWSOM, Governor of the State of California, have set my hand and caused this Seal of the State of California to be hereunto affixed pursuant to section 6107 of the Public Resources Code of the State of California. Given under my hand at the City of Sacramento this, the_______________day of ____________________, 202__.

GAVIN NEWSOM
Governor, State of California
Attest:

SECRETARY OF STATE
By:

Shirley N. Weber, Ph.D.
9 IRV #4858-2192-8492 v11
EXHIBIT 1
Description of Trust Termination Parcel Mare Island Cemetery for Mare Island Property Settlement & Exchange Agreement
To be inserted
10 IRV #4858-2192-8492 v11
EXHIBIT 2
Amended Description of Public Trust Parcel VIIa for Mare Island Property Settlement and Exchange Agreement
To be inserted
11 IRV #4858-2192-8492 v11
EXHIBIT 3
Amended Description of Public Trust Parcel VIIb for Mare Island Property Settlement and Exchange Agreement
To be inserted
IRV #4884-2256-7742 v6 1

RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:

U.S. Department of Veterans Affairs
Office of Construction & Facilities
Management
Attention: Director, Office of Real Property,
Land Acquisition and Strategic Utilization
425 I Street, NW
Washington, DC 20001
Approved as to form:

By: for
Veronica Nebb, City Attorney
Exempt from documentary transfer tax R&T §11922 SPACE ABOVE THIS LINE FOR RECORDER’S USE ONLY [Exempt from recording fee per Gov. Code § 27383]

QUITCLAIM DEED (INCLUDING COVENANTS)
This Quitclaim Deed is made this ______ day of ____________, 2023, by and between the CITY OF VALLEJO, a California municipal corporation (“City” or “Grantor”), and the UNITED STATES DEPARTMENT OF VETERANS AFFAIRS (“VA” or “Grantee”).

WHEREAS, the Mare Island Naval Shipyard closed in 1993 and the United States Department of the Navy (“Navy”) accepted Grantor’s application for an Economic Development Conveyance of the part of Mare Island Naval Shipyard that was declared surplus; and WHEREAS, in 2001, Navy approved a Finding of Suitability for Transfer (“FOST”) determining, among other things, that the portion of the Mare Island Naval Shipyard designated as Transfer and Disposal Parcel VII-A was environmentally suitable for transfer in accordance with and subject to Section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §9620 et seq. (“CERCLA”); and WHEREAS, pursuant to the FOST, Navy conveyed Transfer and Disposal Parcel VII-A, which includes certain Property (described below) on which the historic Mare Island cemetery (“Cemetery”) is located, to Grantor by Quitclaim Deed dated September 26, 2001, recorded in the Official Records of the County of Solano as Instrument No. 2001 00120696 (the “Navy Quitclaim Deed”, and collectively with the FOST and other documents referenced in the Navy Quitclaim Deed the “Transfer Documents”); and
WHEREAS, the Transfer Documents, including the conditional covenants, warranties and indemnifications made and to be made by the Navy pursuant to 42 U.S.C. 9620(h)(3)(a)(ii) as set forth in the Navy Quitclaim Deed, govern the respective rights and obligations of the parties thereto and their respective successors and assigns for completion of environmental response actions with respect to the applicable portion of Transfer and Disposal Parcel VII-A, including the Property; and
IRV #4884-2256-7742 v6 2
WHEREAS, City and the State of California, acting by and through the State Lands Commission (“State”), are parties to that certain Mare Island Property Settlement and Exchange Agreement dated February 28, 2002, recorded as Instrument 2002-00037955 in the Official Records of the County of Solano (“2002 Settlement Agreement”), which settles a title and boundary dispute between them with respect to certain lands in the City of Vallejo, County of Solano, State of California by designating portions of the various Transfer and Disposals Parcels to be transferred by the Navy to City as either Public Trust Parcels or Trust Termination Parcels, as applicable; and
WHEREAS, the 2002 Settlement Agreement designated all of Transfer and Disposal Parcel VII-A as future public trust property (made up of Public Trust Parcel VIIa and part of Public Trust Parcel VIIb) to be conveyed to the State in fee and leased to Grantor so that Grantor and its sublessees and designees could use, develop and operate the such parcel for public trust purposes; and
WHEREAS, since the April 1996 closure of the Mare Island Naval Shipyard, the Cemetery has fallen into a state of disrepair; and
WHEREAS, in an effort to facilitate improvement and proper maintenance of the Cemetery, the Fiscal Year 2021 National Defense Authorization Act (“2021 Act”) authorized VA to enter into an agreement with City whereby City would transfer the Cemetery to VA, on the condition that City convey to VA fee title to the Cemetery, free and clear of any claims that the Property is subject to State public trust claims; and
WHEREAS, to facilitate transfer of the Cemetery to VA as provided by the 2021 Act, City and the State have entered into that certain First Amendment to the 2002 Settlement Agreement dated _____________, 2023, recorded as Instrument No. _____________ in the Official Records of the County of Solano (“First Amendment to Settlement Agreement”), which, among other things, authorizes City to convey fee title to the Property to VA free and clear of public trust use restrictions; and
WHEREAS, concurrently herewith, the State has relinquished any public trust claims it has to the Property by Trust Termination Patent dated ______________, 2023, recorded in the Official Records of the County of Solano as Instrument No. ___________________.

NOW THEREFORE, FOR VALUE RECEIVED, Grantor does hereby remise, release and forever quitclaim to Grantee all of Grantor’s right, title and interest in and to that certain real property (“Property”) situated in the City of Vallejo, County of Solano, State of California, more particularly described in Attachment No. 1 attached hereto and by this reference incorporated herein, together with all of Grantor’s right, title, and interest in and to the Cemetery improvements located on or about said Property, and all right, title and interest in and to all appurtenant tangible, intangible and other rights and privileges associated with such Property; GRANTOR AND GRANTEE FURTHER AGREE AS FOLLOWS:

1. THE PROPERTY IS CONVEYED TO GRANTEE WITHOUT WARRANTY OR

COVENANT OF ANY KIND, EXPRESS OR IMPLIED, EXCEPT THAT GRANTOR IRV #4884-2256-7742 v6 3

COVENANTS THAT GRANTOR HAS NOT CONVEYED THE SAME ESTATE OR ANY RIGHT, TITLE OR INTEREST THEREIN TO ANY PERSON OTHER THAN GRANTEE.

2. This Quitclaim Deed may be executed in counterparts, each of which shall be deemed an original, but all of which, taken together, shall constitute one and the same instrument.

The signature pages of multiple counterparts may be combined into a single document.

IN WITNESS WHEREOF, Grantor and Grantee have caused this Quitclaim Deed to be executed on their behalf by their respective officers thereunto duly authorized as of this ___________ day of ___________, 2023.
[Signatures on next page]
IRV #4884-2256-7742 v6 4
GRANTOR:

CITY OF VALLEJO
By: ________________________________
Michael Malone, City Manager
[Signature must be notarized]
ATTEST:
____________________________
Dawn G. Abrahamson, City Clerk
APPROVED AS TO FORM:
_____________________________
Veronica Nebb, City Attorney

THE PROVISIONS OF THIS QUITCLAIM DEED ARE HEREBY APPROVED AND ACCEPTED.

GRANTEE:

UNITED STATES DEPARTMENT OF

VETERANS AFFAIRS
By: _______________________________
[Signature must be notarized]
Name: _____________________________
Title: ______________________________
IRV #4884-2256-7742 v6 Notary Acknowledgment

NOTARY ACKNOWLEDGMENTS
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

COUNTY OF ) On , 2022, before me, , Date Name And Title Of Officer (e.g. “Jane Doe, Notary Public”) personally appeared , Name of Signer(s)
who 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.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public
IRV #4884-2256-7742 v6 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

ALL-PURPOSE ACKNOWLEDGMENT NOTARY FOR CALIFORNIA

STATE OF CALIFORNIA )

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public
IRV #4884-2256-7742 v6 Attachment No. 1

ATTACHMENT NO. 1

PROPERTY LEGAL DESCRIPTION

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

State Lands Commission
Attn: Title Unit
100 Howe Avenue, Suite 100 South
Sacramento, CA 95825

STATE OF CALIFORNIA
OFFICIAL BUSINESS:

Document entitled to free recordation pursuant to
Government Code Section 27383
SLC File No.: G17-02/AD 376 [Space above for Recorder’s Use] APNs: [TBD]
Approved as to form:

By: for
Veronica Nebb, City Attorney

STATE OF CALIFORNIA

PARCEL VIIA PUBLIC TRUST PATENT
WHEREAS, the City of Vallejo (“City”) and the State of California, acting by and through the State Lands Commission (“State”), have entered the Mare Island Property Settlement and Exchange Agreement (“Settlement Agreement”), which settles a title and boundary dispute between them with respect to certain lands in the City of Vallejo, County of Solano, State of California; and
WHEREAS, the City, through Resolution No. 02-43 N.C. adopted by the City Council of the City of Vallejo on January 29, 2002, and the State, by its Calendar Item No. 36, duly adopted at its regular public meeting on June 27, 2000, and as amended by its Calendar Item No. 68, duly adopted at its regular public meeting on September 17, 2001, all after notice pursuant to the requirements of law, approved the Settlement Agreement. The Settlement Agreement has been recorded as Instrument No. 2002-00037955 in the Official Records of the County of Solano on March 26, 2002; and
WHEREAS, pursuant to the Settlement Agreement 1) the City conveyed to the State and the State accepted in the legal character of tide and submerged lands a certain parcel of property known as Public Trust Parcel VIIa (“Parcel VIIa”) by Grant Deed recorded as Instrument No. 2002-00037958 in the Official Records of the County of Solano on March 26, 2002; and 2) the State leased Public Trust Parcel VIIa to the City for purposes of a public park by Public Agency Lease P.R.C. No. 8180 (“Public Agency Lease”). A Memorandum of Lease P.R.C. 8180 was recorded as Instrument No. 2002-00037956 in the Official Records of the County of Solano on March 26, 2002; and
WHEREAS, the California Legislature incorporated the Settlement Agreement and Public Agency Lease into state law by Chapter 588, Statutes of 2004 (“Chapter 588”). City and State have differing interpretations of Chapter 588, but without either party waiving any theory, claim, or objection as to the meaning or intent of Chapter 588, City and State agree that one way to vest fee title of Parcel VIIa in the City, as trustee pursuant to Chapter 588, is through a Public Trust Patent; and
WHEREAS, the City and State entered into that certain Amendment to Mare Island Property Settlement and Exchange Agreement, recorded as Instrument No. _________________ in the Official Records of the County of Solano on ____________, 2023. Among other things, the Amendment revised the legal description of Parcel VIIa. Parcel VIIa, as revised, is described and depicted in Exhibit 1; and
WHEREAS, all warranties or indemnities provided by the United States pursuant to the Defense Authorization Act of 1993, Pub. L. 102-484 § 3300(a)(1), Defense Base Realignment and Closure Act of 1990, Pub. L. 105-510 § 2901 et seq., and the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9620(h), and pertaining to the release or threatened release of any hazardous substance, pollutant, contaminant, petroleum, or petroleum derivative resulting from Department of Defense activities, if any, are retained by the State and transferred to the City along with the grant of real property made herein; and WHEREAS, nothing herein shall be deemed to constitute a waiver of City or Commission’s respective rights, remedies or obligations under the Settlement Agreement or to obligate City to accept fee title to any other public trust lands on Mare Island; and WHEREAS, pursuant to the Settlement Agreement, as amended, and Chapter 588, it is the intent of the State to convey to the City all of its right, title, and interest in and Parcel VIIa, to be accepted and held by the City subject to the Public Trust and the terms and conditions of Chapter 588,

NOW THEREFORE,
The State of California, acting by and through the State Lands Commission, does hereby remise, release, and forever quitclaim to the City of Vallejo, all of its right, title, and interest in Parcel VIIa, as described and depicted on Exhibit 1, to be accepted and held by the City subject to the Public Trust, Chapter 588, and the following terms and conditions:

1. Reservations. The State reserves all rights to any remains or artifacts of archaeological or historical significance and to all minerals and mineral rights in the lands now known to exist or hereafter discovered, including but not limited to, oil and gas and rights thereto, together with the sole, exclusive, and the perpetual right to explore for, remove, and dispose of those minerals by any means or methods suitable to the State of California or its successors and assignees.

Notwithstanding Section 6401 of the Public Resources Code, any mineral right retained pursuant to this section shall not include the right of the state or its successors or assignees in connection with any mineral reservation, removal, or disposal activity, to do either of the following: (1) Enter upon, use, or damage the surface of the lands or interfere with the use of the surface by any grantee or by the grantee’s successor or assignees. (2) Conduct any mining activities of any nature whatsoever above a plane located five hundred feet below the surface of the lands without permission of any grantee of the lands or the grantee’s successors or assignees.

2. Termination of Public Agency Lease. If the Public Agency Lease has not already terminated prior to this conveyance, then the Public Agency Lease shall terminate as to Parcel VIIa when this Public Trust Patent is recorded.

GAVIN NEWSOM
Governor, State of California
Attest:

SECRETARY OF STATE
By: ________________________
Shirley N. Weber, Ph.D.

Countersigned:
__________________________
Jennifer Lucchesi

EXECUTIVE OFFICER

STATE LANDS COMMISSION
IRV #4862-0012-5243 v8

CERTIFICATE OF ACCEPTANCE AND CONSENT TO RECORDING
Government Code 27281
This is to certify that the CITY OF VALLEJO, hereby accepts from the STATE OF CALIFORNIA, acting by and through the STATE LANDS COMMISSION, the right, title, and interest in real property conveyed by the Parcel VIIa Public Trust Patent dated _____________________, 2023, pursuant to City Council Resolution No. ________ N.C. adopted by the City Council of the City of Vallejo on ___________, 2023. The property interest conveyed shall be held by the City subject to the Public Trust and the terms and conditions of Chapter 588.

The grantee consents to the recordation of this conveyance by its duly authorized officer.

CITY OF VALLEJO
Date:_______________________ ____________________________ City Manager
EXHIBIT 1
Description of Public Trust Parcel VIIa for Mare Island Property Settlement & Exchange Agreement
To be inserted

Vallejo City CouncilMay 23, 2023

Vallejo City Council
May 23, 2023