BILL NUMBER: AB 1774 CHAPTERED 09/06/02 CHAPTER 387 FILED WITH SECRETARY OF STATE SEPTEMBER 6, 2002 APPROVED BY GOVERNOR SEPTEMBER 5, 2002 PASSED THE ASSEMBLY AUGUST 15, 2002 PASSED THE SENATE AUGUST 12, 2002 AMENDED IN SENATE JUNE 24, 2002 AMENDED IN ASSEMBLY MAY 1, 2002 AMENDED IN ASSEMBLY APRIL 18, 2002 INTRODUCED BY Assembly Member Canciamilla JANUARY 9, 2002 An act to amend Section 3 of Chapter 815 of the Statutes of 1976, relating to tide and submerged lands in the Straits of Carquinez. LEGISLATIVE COUNSEL'S DIGEST AB 1774, Canciamilla. Tide and submerged land: Straits of Carquinez: land restrictions. Existing law grants to the City of Martinez, and to its successors, all right, title, and interest of the state held by virtue of its sovereignty in and to 3 specified parcels of land situated in the County of Contra Costa, and provides that one of those parcels, identified as Parcel "A", shall be held by the city and its successor in trust for specified uses, in which there is general, statewide interest, and upon express conditions. Those conditions include, among other things, a requirement that Parcel "A" be used only for marina spoils and spoil removal, parking, boat storage, chandlery, recreation, landscaping, and any other use permitted by the Martinez Waterfront Land Use Plan, and expressly prohibits the placement of any building or structure on Parcel "A" that exceeds 20 feet in height. This bill would eliminate the 20 feet height limit on a building or structure placed on land in Parcel "A". THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 3 of Chapter 815 of the Statutes of 1976 is amended to read: Sec. 3. (a) There is hereby granted to the City of Martinez, and to its successors, all right, title and interest of the state held by virtue of its sovereignty in and to the three parcels of land situated in the County of Contra Costa and described as follows: Parcel "A" Commencing at the intersection of the north line of Tideland Survey No. 9 and the east line of North Court Street as shown on Map of "City of Martinez Waterfront Area" filed March 10, 1955, in Volume 16, Pages 39 to 43, Licensed Surveyor's Maps in the Office of the Contra Costa County Recorder; thence along said northerly line of Tideland Survey No. 9 North 76* 56' 53 East 488.36 feet; thence leaving said northerly line North 20* 03' 30 West 130.00 feet; thence North 63* 50' 00 East 85.00 feet to the true point of beginning; thence North 03* 30' 00 East 110.00 feet; thence North 12* 10' 00 East 660.00 feet; thence North 05* 05' 39 West 119.71 feet; thence North 88* 03' 16 East 242.85 feet; thence South 12* 10' 00 West 797.24 feet; thence South 63* 50' 00 West 233.84 feet to the point of beginning. Parcel "B" Commencing at the intersection of the north line of Tideland Survey No. 9 and the east line of North Court Street as shown on Map of "City of Martinez Waterfront Area" filed March 10, 1955, in Volume 16, Pages 39 to 43, Licensed Surveyor's Maps in the Office of the Contra Costa County Recorder; thence along said northerly line of Tideland Survey No. 9 North 76* 56' 53 East 488.36 feet; thence leaving said northerly line North 20* 03' 30 West 130.00 feet; thence North 63* 50' 00 East 318.84 feet to the true point of beginning being the southeasterly corner of Parcel "A" described above; thence North 12* 10' 00 East 797.24 feet along the east line of said Parcel "A"; thence leaving said east line North 88* 03' 16 East 156.26 feet; thence South 89* 00' 00 East 100.00 feet; thence South 66* 20' 00 East 120.00 feet; thence South 25* 45' 00 East 453.00 feet; thence South 68* 10' 00 West 385.00 feet; thence South 63* 50' 00 West 416.16 feet to the point of beginning. Parcel "C" That parcel of land described in the lease to the Southern Pacific Transportation Company by the City of Martinez per Resolution No. 111 (1959 series) dated August 5, 1959, and Resolution No. 72-75 dated June 4, 1975. The bearings and distances used in the above descriptions of Parcels "A" and "B" are based on the California Coordinate System Zone 3 as shown on Map of "City of Martinez Waterfront Area" filed March 10, 1955, in Volume 16, Pages 39 to 43, Licensed Surveyor's Maps in the Office of the Contra Costa County Recorder. (b) Such lands shall be held by the city and its successor in trust for the following uses, in which there is a general, statewide interest, and upon the following express conditions: Parcel "A" shall be used only for Marina spoils and spoil removal, parking, boat storage, chandlery, recreation, landscaping, and any other use permitted by the Martinez Waterfront Land Use Plan. Parcel "B" shall be used only for Marina spoils and spoil removal and any other use permitted by the Martinez Waterfront Land Use Plan. Parcel "C" shall be used only in its present use as a railroad right-of-way. Further, all such uses shall accord with the terms and conditions of the lease and agreements specified in subdivision (f) of Section 1, and the development and operation of the entire area of such parcels shall be under the supervision of the City-State Committee, in the same manner as is presently provided by such lease and agreements with respect to lands subject to such lease and agreements. The grant made by this section shall not become effective unless and until the city files quitclaim to all previously granted tidelands that are within the area hereby granted to the district by this act and described in Section 15.