Exhibit A PROPERTY: LEGAL DESCRIPTION AND MAP. (Included on following pages)

Transcription

1 Exhibit A PROPERTY: LEGAL DESCRIPTION AND MAP (Included on following pages) Exhibit A A-1 The Dow Chemical Company Trust Lands Lease

2 RBF CONSULTING, a Company of Michael Baker International 500 Ygnacio Valley Road, Suite 300 Walnut Creek, California June 24, 2014 JN Page 1 of 2 EXHIBIT A LEGAL DESCRIPTION DOW CHEMICAL COMPANY TRUST LAND LEASE INDUSTRIAL AREA That certain parcel of land situated in the City of Pittsburg, County of Contra Costa County, State of California, being portions of the tide and submerged lands in the Sacramento River and New York Slough, more particular described as follows: COMMENCING at the southerly terminus of that certain northwesterly boundary line as shown on that certain Record of Survey, filed on April 18, 1947 in Book 11 of Land Survey Maps at Page 37 at Contra Costa County Recorder s Office, being N17 11 E feet ; Thence, northerly along said boundary line, North East feet to the TRUE POINT OF BEGINNING, said point also being on the Southerly Grant Line as shown on that certain Record of Survey, RS#, filed on, 2014, in Book of Land Survey Maps at Pages at said Recorder s Office; Thence, continuing along the prolongation of said boundary line into the New York Slough, North East feet; Thence, North West feet; Thence, North West feet; Thence, South West feet to the northerly prolongation of the westerly boundary line as shown on that certain Record of Survey, filed on May 8, 1991, in Book 98 of Land Survey Maps at Pages 6-7 at said Recorder s Office, being S W feet ; Thence, southerly along said prolongation of the westerly boundary line, South West feet to a point on the said Grant Line, said point being a distant thereon North East feet from the southerly terminus of that said westerly boundary line, being S W feet ; H:\PDATA\ \Admin\legals\1179leg001 - Dow Chemical Trust Land Lease - Industrial Area.doc

3 RBF CONSULTING June 24, 2012 Dow Chemical Company Trust Land Lease JN Industrial Area Page 2 of 2 EXHIBIT A Thence along said Grant Line, the following (22) courses: 1) South East feet, 2) South East feet, 3) South East feet, 4) North East feet, 5) South East feet, 6) North East feet, 7) North East feet, 8) North East feet, 9) North East feet, 10) North East feet, 11) North East feet, 12) North East feet, 13) North East feet, 14) North East feet, 15) North East feet to a beginning of a non-tangent curve, concave southwesterly and having a radius of , a radial line to said curve bears North East, 16) Southeasterly along said curve, feet and through a central angle of , 17) Leaving said curve, South East feet, 18) South East feet, 19) South East feet, 20) South East feet, 21) South East feet, 22) South East feet to the TRUE POINT OF BEGINNING. The BASIS OF BEARINGS for this legal description is that certain Record of Survey RS 3219, filed in Book 137 of Land Survey Maps at Page 48 in the said Office of the County Recorder. CONTAINING Acres, more or less. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records. EXHIBIT B attached and by this reference made a part hereof. Daniel W. Bustamante, P.L.S License Expires September 30, 2014 H:\PDATA\ \Admin\legals\1179leg001 - Dow Chemical Trust Land Lease - Industrial Area.doc

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5 RBF CONSULTING, a Company of Michael Baker International 500 Ygnacio Valley Road, Suite 300 Walnut Creek, California June 24, 2014 JN Page 1 of 2 EXHIBIT A LEGAL DESCRIPTION DOW CHEMICAL COMPANY TRUST LAND LEASE UNDEVELOPED AREAS Those certain parcels of land situated in the City of Pittsburg, County of Contra Costa County, State of California, being portions of the tide and submerged lands in the Sacramento River and New York Slough, more particular described as follows: Parcel A COMMENCING at the southerly terminus of that certain northwesterly boundary line as shown on that certain Record of Survey, filed on April 18, 1947 in Book 11 of Land Survey Maps at Page 37 at Contra Costa County Recorder s Office, being N17 11 E feet ; Thence, northerly along said boundary line, North East feet to the TRUE POINT OF BEGINNING, said point also being on the Southerly Grant Line as shown on that certain Record of Survey, RS#, filed on, 2014, in Book of Land Survey Maps at Pages at said Recorder s Office; Thence, continuing along the prolongation of said boundary line into the New York Slough, North East feet; Thence, South 57 09'04" East feet; Thence, South 85 26'12" East feet to a point hereinafter referred to as Point A, said point also being on the northerly prolongation of the westerly boundary line of Winter Island Farms, as shown on that certain Record of Survey, filed on December 16, 1987, in Book 85 of Land Survey Maps at Page 47 at said Recorder s Office; Thence, southerly along said northerly prolongation of the westerly boundary line of Winter Island Farms, South 01 10'58" West feet to said Southerly Grant Line; Thence, along said Grant Line, the following (3) courses: 1) North 78 04'24" West feet, 2) North 70 22'24" West feet 3) North 53 49'24" West feet to the TRUE POINT OF BEGINNING. CONTAINING 9.30 Acres, more or less. (Parcel A) H:\PDATA\ \Admin\legals\1179leg001 - Dow Chemical Trust Land Lease - Undeveloped Areas.doc

6 RBF CONSULTING June 24, 2012 Dow Chemical Company Trust Land Lease JN Undeveloped Areas Page 2 of 2 PARCEL B EXHIBIT A COMMENCING at the previously described Point A, thence South East feet to the TRUE POINT OF BEGINNING, said point also being on the northerly prolongation of the easterly boundary line of said Winter Island, as shown on said Record of Survey (85 LSM 47) Thence, South 85 26'12" East feet; Thence, South 78 22'57" East feet; Thence, South 02 13'20" West feet to the intersection of said Grant Line and the easterly boundary line of Dow Chemical, as shown on said Record of Survey (85 LSM 47) Thence, along said Grant Line, the following (4) courses: 1) North 39 02'24" West feet, 2) North 04 41'24" West feet, 3) North 53 17'24" West feet, 4) North 78 04'24" West feet to said easterly boundary line of said Winter Island; Thence, northerly along said northerly prologation of said easterly boundary line into said New York Slough and leaving said Grant Line, North 01 20'55" East feet to the TRUE POINT OF BEGINNING. CONTAINING Acres, more or less. (Parcel B) The BASIS OF BEARINGS for this legal description is that certain Record of Survey RS 3219, filed in Book 137 of Land Surveyor Maps at Page 48 in the said Office of the County Recorder. SUBJECT TO all Covenants, Rights, Rights-of-Way and Easements of Records. EXHIBIT B attached and by this reference made a part hereof. Daniel W. Bustamante, P.L.S License Expires September 30, 2014 H:\PDATA\ \Admin\legals\1179leg001 - Dow Chemical Trust Land Lease - Undeveloped Areas.doc

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8 Exhibit B UPLAND PROPERTY (Included on following pages) Exhibit B B-1 The Dow Chemical Company Trust Lands Lease

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10 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Pittsburg 65 Civic Dr. Pittsburg, CA Attn: City Clerk Exhibit C FORM OF MEMORANDUM OF LEASE EXEMPT FROM RECORDING FEES PER GOVERNMENT CODE 6103, MEMORANDUM OF LEASE Space above this line for Recorder s use. This Memorandum of Lease (this Memorandum ), dated for reference purposes as of July 1, 2014, is executed by and between the City of Pittsburg, a municipal corporation (the City ) and The DOW Chemical Company, a private company (the Tenant ), in reference to and consideration of that certain Lease dated as of July 1, 2014, by and between City and Tenant (the Lease ). 1. The purpose of this Memorandum is to provide notice of the existence of the Lease which is incorporated herein by this reference. This Memorandum incorporates all of the terms and provisions of the Lease as though fully set forth herein. 2. The City is trustee of acres of tideland situated in New York Sough, located in the City of Pittsburg (the Property ), as more particularly described in Exhibit A attached hereto and incorporated herein by this reference. 3. The Property is subject to that certain tidelands trust plan adopted by the City on January 20, 2009 in accordance with Public Resources Code Sections 6361 through (as may be amended from time to time, the Trust Plan ). 4. Pursuant to the Lease, the City leases to the Tenant, and the Tenant leases from the City, the Property subject to all of the terms and conditions set forth in the Lease. 6. The Lease term is Forty-Nine (49) years commencing on July 1, Exhibit C C-1 The Dow Chemical Company Trust Lands Lease

11 7. This Memorandum may be executed in counterparts, each of which shall be an original, and all of which together shall constitute one fully-executed agreement. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date first set forth above. CITY: TENANT: CITY OF PITTSBURG DOW CHEMICAL CORPORATION By: City Manager By: President Attest: City Clerk Approved as to form: City Attorney SIGNATURES MUST BE NOTARIZED C-2 The Dow Chemical Company Trust Lands Lease