DOCUMENT. 15400931 Titles: 1 / Pages: 1 1

RECORDED AT THE REQUEST OF AND WHEN RECORDED MAIL TO: STATE OF CALIFORNIA STATE LANDS COMMISSION 100 HOWE AVE. SUITE 100 SOUTH SACRAMENTO, CA 95825 ATTN: LEGAL UNIT TELEPHONE: (916) 574-1850

STATE OF CALIFORNIA -OFFICIAL BUSINESS DOCUMENT ENTITLED TO FREE RECORDATION PURSUANT TO GOVERNMENT CODE SECTION 27383

Fees . -4- No Fees Taxes. . Copies. . AMT PAID

BRENDA DAVIS RDE # 102 SANTA CLARA COUNTY RECORDER 9/25/2000 Recorded at the request of 8:33 AM State Agency

RETROCESSION OF LEGISLATIVE JURISDICTION California Government Code Section 113

WHEREAS the United States acting by and through the Department of the Air Force has requested that the State of California accept a retrocession of exclusive legislative jurisdiction over portions of the lands comprising Westcoat Housing Area, Onizuka Air Station, Santa Clara County more specifically described in Exhibit A hereto ; and

WHEREAS the California State Lands Commission, pursuant to California Government Code Section 113, has been authorized by the California State Legislature to accept such a retrocession of jurisdiction; and

WHEREAS the Executive Officer of the State Lands Commission has been authorized by the Commissioners to execute this instrument;

NOW, THEREFORE, I, Paul D. Thayer, Executive Officer of the California State Lands Commission hereby certify that the Commissioners for the California State Lands Commission met on September 19, 2000 and accepted a retrocession of exclusive legislative jurisdiction from the United States and established proprietary jurisdiction over the lands described in Exhibit A hereto . A copy of the Commission's Agenda Item No. C 67 describing the terms and conditions of the cession is attached hereto as Exhibit B.

PAUL D. THAYER, EXECUA OFFICER CALIFORNIA STATE LANDS COMMISSION

Date:

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

State of California

County of

On CI Date

personally appeared

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Name and Title of Officer (e.g., "Jane Doe, Notary Public")

KIMBERLY L.Comm.#1112873

(f) NOTARY PUBLIC -CALIFORNIA vi Sacramento County

Expiros Oat. 2, 2000 E 4 , 4, _ _ Comm.

Place Notary Seal Above

Name(s) of Signer(s)

Ypersonally known to me 0 proved to me on the basis of satisfactory evidence

to be the person('s.) whose nameN isfaF4 subscribed to the within instrument and acknowledged to me that heAlge/thsy executed the same in his/NJ-it-hair authorized capacity(iesj, and that by his/hex/their signature on the instrument the personN, or the entity upon behalf of which the person(s) acted, executed the instrument.

WITNESS my hand and official seal.

•

OPTIONAL

ignature of Notary Public

Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

Description of Attached Document Title or Type of Document:

Document Date: C:58P7C. e4.14),

Signer(s) Other Than Named Above:

Capacity(ibs) Claimed by Signer Signer's Name: 0 Individual 111 Corporate Officer — Title(s): 0 Partner — 0 Limited E General E Attorney in Fact 0 Trustee E Guardian or Conservator `rf Other: ek,GC,---5 C1\--€..

Signer Is Representing: Q'9' 1—C)V--\Cie7

RIGHT THUMBPRINT OF SIGNER

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Number of Pages: (-k' 9 k,,-NC1.4252A:4

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© 1997 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827

EXHIBIT A

LEGAL DESCRIPTION

WESCOAT PARK

A parcel of land that is a portion of that certain tract of land that was acquired by the United States of America by "Warranty Deed" on July 30, 1931 and filed in the Office of the County Recorder of Santa Clara County in Volume 577, Page 276 on January 11, 1955; said parcel of land lies in the County of Santa Clara, State of California, described as follows:

BEGINNING at the southwesterly corner of the Ynigo Rancho, identified as a post and iron pipe "P3" in said "Warranty Deed" on Jul 30, 1931 and filed in the Office of the County Recorder of Santa Clara County in Volume 577, Page 276 on January 11, 1955; said point of beginning having California State Plane Zone III Coordinates of N=334,166.28 feet and E=1,545,907.47 feet;

1. thence along the southerly boundary line of said Ynigo Rancho and said lands acquired by the United States of America by "Warranty Deed" on July 30, 1931 and filed in the Office of the County Recorder of Santa Clara County in Volume 577, Page 276 on January 11, 1955, and the northerly boundary line in the Bayshore Freeway as described in Deeds to the State of California from Rosalie L. Hall recorded in Book 593, Page 410 on December 26, 1931 and from Carrie Webster recorded in Book 596, Page 481 on January 20, 1932 and Harry L. Dahneke recorded in Book 590, Page 329 on November 13, 1931 of Santa Clara County Recorders Office S73°37'58"E, 1,707.40 feet;

2. thence leaving said westerly boundary line of the Ynigo Rancho and said easterly line of the Bayshore Freeway, N15°030'20"E, 334.00 feet.

3. thence, S77°00'19"E, 26.70 feet;

4. thence, N16°21'40"E, 340.08 feet;

5. thence, N70°59'04"W, 187.20 feet;

6. thence, N14°31'27"E, 199.40 feet;

7. thence, N68°11'55"E, 102.30 feet;

8. thence, N20°33'22"W, 128.10 feet;

9. thence, N8°31'51"E, 20.20 feet;

10. thence, N25°47'46"W, 133.30 feet;

11. thence, N5°56'49"W, 48.30 feet to the southerly boundary line of Wescoat Road

12. thence, westerly along the southerly boundary line of Wescoat Road being a non-tangent curve to the right having a radius of 678.00 feet, through a central angle of 63°41'17" with a chord bearing of N60°03'59"W and distance of 715.40 feet to the end of said curve;

13. thence westerly along the southerly boundary line of Memorial Road being a non-tangent curve to the left having a radius of 85.00 feet, through a central angle of 85°32'05" with a chord bearing of N72°21'00"W and distance of 115.40 feet to the end of said curve;

14. thence, continuing along the southerly boundary line of Memorial Road, S68°44'58"W, 579.40 feet;

15. thence, leaving the southerly boundary line of Memorial Road, S24°49'14"E, 88.10 feet;

16. thence, S66°30'05"E, 75.20 feet;

17. thence, S21°18'21"E, 107.30 feet to the westerly boundary line of Berry Court;

18. thence along the westerly boundary line of Berry Court being a non-tangent curve to the left having a radius of 270.00 feet, through a central angle of 40°01'57" with a chord bearing of S35°45'14"W and distance of 184.80 feet to the end of said curve;

19. thence, S70°02'12"W, 249.90 feet;

20. thence along the extension of the westerly boundary line of Perimeter Road and said westerly boundary S15°12'59"W, 129.10 feet;

21. thence along the westerly boundary line of said Perimeter Road being a non-tangent curve to the left having a radius of 240.00 feet, through a central angle of 47°05'33" with a chord bearing of S5°05'10"E and distance of 191.80 feet to the end of said curve;

22. thence, leaving the westerly boundary line of said Perimeter Road, S42°59'26"W, 80.60 feet to the west boundary line of said Ynigo Rancho also being the west boundary line of those lands acquired by

the United States of America as described in said "Warranty Deed" on July 30, 1931 and filed in the Office of the County Recorder of Santa Clara County in Volume 577, Page 276 on January 11, 1955;

23. thence, along the west boundary line of said lands acquired by the United States of America, S16°02'33"W, 129.20 feet to the POINT OF BEGINNING.

CONTAINING 42.5AC. more or less

The coordinates, bearings and distances used in this legal description are based on the State of California State Plane Coordinate System, Zone III.

All as shown on Dept. of the Navy, Western Division, Naval Facilities Engineering Command Drawing No. C-104362.

SUBJECTTO all encumbrances and easements as shown on Dept. of the Navy, Western Division, Naval Facilities Engineering Command Drawing No. C-104362.

EXHIBIT B

S 13

A 21, 22

MINUTE ITEM This Calendar It e7m a‘7 was approved as

Minute Item No. 4.40 by the California State Lands Commission by a vote of 3 to 0 at its 7 -1V- 0 6) meeting.

CALENDAR ITEM

C67

RETROCESSION OF EXCLUSIVE LEGISLATIVE JURISDICTION PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 113

AT WESTCOAT HOUSING AREA, ONIZUKA AIR STATION, SANTA CLARA COUNTY

09/19/00 W 25603

J. Frey

Pursuant to Government Code Section 113 the State Lands Commission is authorized on behalf of the State of California to accept a retrocession of legislative jurisdiction from the United States and thereby establish state legislative jurisdiction.

BACKGROUND: The United States exercises exclusive legislative jurisdiction over 43.5 acres more or less of Westcoat Housing Area, Onizuka Air Station, Santa Clara County. The remainder of the facility is under proprietary jurisdiction. By letter dated July 7, 2000 the Department of the Air Force requested that California accept a retrocession of all exclusive legislative jurisdiction over this acreage so as to establish uniform proprietary legislative jurisdiction over all of the housing areas of the Air Station. Approval of the retrocession will cause authority and responsibility for provision of police, fire and other municipal services to transfer from the United States to Santa Clara County. These responsibilities are currently being met by the United States.

California Government Code Section 113 and the.California Code of Regulations Sections 2700 et seq. authorize the State Lands Commission to accept such a retrocession if the following conditions are met:

1. The United States has requested in writing that the State accept a retrocession of jurisdiction;

2. The State Lands Commission has held a public hearing to determine whether it is in the State's best interests to accept the retrocession; and

3. The United States has agreed to pay for the costs associated with the retrocession process.

By letter dated July 7, 2000, the United States has made the written request for the retrocession. The area to be retroceded encompasses 43.5 acres. The United States has agreed to bear the costs associated with the retrocession. The noticed hearing was

CALENDAR ITEM NO. C67 (CONT'D)

held on August 29, 2000. No comments in opposition to the retrocession were heard.

PERMIT STREAMLINING ACT DEADLINE: N/A

OTHER PERTINENT INFORMATION: Pursuant to the Commission's delegation of authority and the State CEQA Guidelines (14 Cal. Code Regs. 15061), the staff has determined that this activity is exempt from the requirements of the CEQA because this activity is not a "project" as defined by the State CEQA Guidelines.

Authority: Public Resources Code Section 21065 and 14 California Code of Regulations Section 15378.

EXHIBITS: A. Land Description

IT IS RECOMMENDED THAT THE COMMISSION:

1. FIND THAT THE ACTIVITY IS EXEMPT FROM THE REQUIREMENTS OF THE CEQA PURSUANT TO 14 CAL. CODE REGS. 15061 BECAUSE THE ACTIVITY IS NOT A PROJECT AS DEFINED BY P.R.C. 21065 AND 14 CAL. CODE REGS. 15378.

2. FIND THAT THE U.S. DEPARTMENT OF THE AIR FORCE HAS REQUESTED IN WRITING THAT THE COMMISSION ACCEPT A RETROCESSION OF EXCLUSIVE LEGISLATIVE JURISDICTION AND THE ESTABLISHMENT OF PROPRIETORIAL JURISDICTION OVER LANDS COMPRISING WESTCOAT HOUSING AREA, ONIZUKA AIR STATION, SANTA CLARA COUNTY.

3. FIND THAT THE UNITED STATES HAS AGREED TO PAY FOR THE COSTS OF THE RETROCESSION PROCESS.

4. FIND THAT THE STATUTORY PUBLIC HEARING HELD ON AUGUST 29, 2000 COMPLIES WITH THE PUBLIC HEARING REQUIREMENT OF GOVERNMENT CODE SECTION 113.

5. DETERMINE THAT IT IS IN THE BEST INTERESTS OF THE STATE OF CALIFORNIA TO ACCEPT THE RETROCESSION OF JURISDICTION REQUESTED BY THE UNITED STATES BECAUSE THE RETROCESSION WILL ALLOW STATE AND LOCAL LAW GOVERNMENT TO ENACT AND

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CALENDAR ITEM NO. C67 (CONT'D)

ENFORCE CALIFORNIA LAW OVER THE HOUSING AREA.

6. ACCEPT THE RETROCESSION OF EXCLUSIVE LEGISLATIVE JURISDICTION AND ESTABLISH PROPRIETORIAL JURISDICTION OVER WESTCOAT HOUSING AREA, ONIZUKA AIR STATION, SANTA CLARA COUNTY AS DESCRIBED IN EXHIBIT A ATTACHED HERETO.

7. AUTHORIZE THE EXECUTIVE OFFICER TO EXECUTE A DOCUMENT ENTITLED "RETROCESSION OF JURISDICTION" DESCRIBING THE COMMISSION'S ACTION IN SUBSTANTIALLY THE SAME FORM AS FOUND IN THE COMMISSION'S FILES.

8. AUTHORIZE THE FILING OF THE "RETROCESSION OF JURISDICTION" WITH THE SANTA CLARA COUNTY RECORDER AS REQUIRED BY GOVERNMENT CODE SECTION 113.

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EXHIBIT A WESTCOAT HOUSING AREA,

ONIZUKA AIR STATION, SANTA CLARA COUNTY

Legal Description For Retrocession of Legislative Jurisdiction

LEGAL DESCRIPTION

WESCOAT PARK

A parcel of land that is a portion of that certain tract of land that was acquired by the United States of America by "Warranty Deed" on July 30, 1931 and filed in the Office of the County Recorder of Santa Clara County in Volume 577, Page 276 on January 11, 1955; said parcel of land lies in the County of Santa Clara, State of California, described as follows:

BEGINNING at the southwesterly corner of the Ynigo Rancho, identified as a post and iron pipe "P3" in said "Warranty Deed" on Jul 30, 1931 and filed in the Office of the County Recorder of Santa Clara County in Volume 577, Page 276 on January 11, 1955; said point of beginning having California State Plane Zone III Coordinates of N=334,166.28 feet and E=1,545,907.47 feet;

1. thence along the southerly boundary line of said Ynigo Rancho and said lands acquired by the United States of America by "Warranty Deed" on July 30, 1931 and filed in the Office of the County Recorder of Santa Clara County in Volume 577, Page 276 on January 11, 1955, and the northerly boundary line in the Bayshore Freeway as described in Deeds to the State of California from Rosalie L. Hall recorded in Book 593, Page 410 on December 26, 1931 and from Carrie Webster recorded in Book 596, Page 481 on January 20, 1932 and Harry L. Dahneke recorded in Book 590, Page 329 on November 13, 1931 of Santa Clara County Recorders Office S73°37'58"E, 1,707.40 feet;

2. thence leaving said westerly boundary line of the Ynigo Rancho and said easterly line of the Bayshore Freeway, N15°030'20"E, 334.00 feet.

3. thence, S77°00'19"E, 26.70 feet;

4. thence, N16°21'40"E, 340.08 feet;

5. thence, N70°59'04"W, 187.20 feet;

6. thence, N14°31'27"E, 199.40 feet;

7. thence, N68°11'55"E, 102.30 feet;

8. thence, N20°33'22"W, 128.10 feet;

9. thence, N8°31'51"E, 20.20 feet;

10. thence, N25°47'46"W, 133.30 feet;

11. thence, N5°56'49"W, 48.30 feet to the southerly boundary line of Wescoat Road

12. thence, westerly along the southerly boundary line of Wescoat Road being a non-tangent curve to the right having a radius of 678.00 feet, through a central angle of 63°41'17" with a chord bearing of N60°03'59"W and distance of 715.40 feet to the end of said curve;

13. thence westerly along the southerly boundary line of Memorial Road being a non-tangent curve to the left having a radius of 85.00 feet, through a central angle of 85°32'05" with a chord bearing of N72°21'00"W and distance of 115.40 feet to the end of said curve;

14. thence, continuing along the southerly boundary line of Memorial Road, S68°44'58"W, 579.40 feet;

15. thence, leaving the southerly boundary line of Memorial Road, S24°49'14"E, 88.10 feet;

16. thence, S66°30'05"E, 75.20 feet;

17. thence, S21°18'21"E, 107.30 feet to the westerly boundary line of Berry Court;

18. thence along the westerly boundary line of Berry Court being a non-tangent curve to the left having a radius of 270.00 feet, through a central angle of 40°01'57" with a chord bearing of S35°45'14"W and distance of 184.80 feet to the end of said curve;

19. thence, S70°02'12"W, 249.90 feet;

20. thence along the extension of the westerly boundary line of Perimeter Road and said westerly boundary S15°12'59"W, 129.10 feet;

21. thence along the westerly boundary line of said Perimeter Road being a non-tangent curve to the left having a radius of 240.00 feet, through a central angle of 47°05'33" with a chord bearing of S5°05'10"E and distance of 191.80 feet to the end of said curve;

22. thence, leaving the westerly boundary line of said Perimeter Road, S42°59'26"W, 80.60 feet to the west boundary line of said Ynigo Rancho also being the west boundary line of those lands acquired by the United States of America as described in said "Warranty Deed" on July 30, 1931 and filed in the Office of the County Recorder of Santa Clara County in Volume 577, Page 276 on January 11, 1955;

23. thence, along the west boundary line of said lands acquired by the United States of America, S16°02'33"W, 129.20 feet to the POINT OF BEGINNING.

CONTAINING 42.5AC. more or less

The coordinates, bearings and distances used in this legal description are based on the State of California State Plane Coordinate System, Zone III.

All as shown on Dept. of the Navy, Western Division, Naval Facilities Engineering Command Drawing No. C-104362.

SUBJECTTO all encumbrances and easements as shown on Dept. of the Navy, Western Division, Naval Facilities Engineering Command Drawing No. C-104362.