BILL NUMBER: SB 860 CHAPTERED
BILL TEXT
CHAPTER 429
FILED WITH SECRETARY OF STATE OCTOBER 2, 2011
APPROVED BY GOVERNOR OCTOBER 2, 2011
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 7, 2011
AMENDED IN ASSEMBLY AUGUST 18, 2011
AMENDED IN ASSEMBLY JUNE 20, 2011
INTRODUCED BY Committee on Natural Resources and Water (Senators
Pavley (Chair), Cannella, Evans, Fuller, Kehoe, La Malfa, Padilla,
Simitian, and Wolk)
FEBRUARY 18, 2011
An act to amend Section 1 of Chapter 594 of the Statutes of 1917,
to amend Section 12 of Chapter 898 of the Statutes of 1997, to amend
Section 5 of Chapter 734 of the Statutes of 2000, to amend Sections 2
and 9 of Chapter 543 of the Statutes of 2004, and to amend Sections
1 and 11 of Chapter 203 of the Statutes of 2009, relating to
tidelands and submerged lands.
LEGISLATIVE COUNSEL'S DIGEST
SB 860, Committee on Natural Resources and Water. Tidelands and
submerged lands: public trust lands: mineral rights.
Existing law vests in various redevelopment agencies or
authorities all of the state's rights, title, and interest in certain
described trust lands and conveys these lands subject to the public
trust.
Existing law approves an exchange of public trust lands within the
lands conveyed, whereby certain trust lands or interests in lands
that meet specified criteria and are not useful for public trust
purposes are freed from the public trust and authorized to be
conveyed into private ownership. Existing law authorizes certain
other lands or interests in lands that are not now public trust lands
and that are useful for public trust purposes to be made subject to
the public trust.
Existing law requires the state to reserve from the grants made to
each agency or authority, the state's interest or any portion of the
state's interest, in any lands, all mineral and mineral rights in
the lands, as provided.
This bill would clarify that the term lands, as used in this
reservation by the state, refers to lands that are to be impressed
with the public trust.
The bill would also clarify that if an agreement is entered into
that provides for the quitclaim to the state by the other parties to
that agreement of all mineral rights in the lands they own or may own
that are to be impressed with the public trust, the state would be
authorized to quitclaim all mineral rights in the lands that are to
be freed of the public trust.
This bill would also make changes regarding the reconveyance of
the trust lands to a local entity, the boundary description of trust
lands, and a hazardous materials remediation with respect to some
trust lands.
The bill would declare that certain changes are declaratory of
existing law.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1 of Chapter 594 of the Statutes of 1917, as
amended by Section 2 of Chapter 734 of the Statutes of 2000, is
amended to read:
Section 1. There is hereby granted to the City of Alameda
(hereafter "city"), a municipal corporation of the State of
California, and to its successors, all the right, title, and interest
of the State of California, held by the state by virtue of its
sovereignty, in and to all the salt marsh, tide and submerged lands,
whether filled or unfilled, within the present boundaries of the
city, and situated below the line of mean high tide of the Pacific
Ocean, or of any harbor, estuary, bay, or inlet within the
boundaries, to be forever held by the city, and by its successors, in
trust for the uses and purposes, and upon the following express
conditions:
(a) The city shall be the public trust administrator for all lands
granted to it pursuant to this act (hereafter "granted lands"), and
may use, conduct, operate, maintain, manage, administer, regulate,
improve, lease, and control the lands and do all things necessary in
connection with the lands that are in conformance with the terms of
this act and the public trust for commerce, navigation, and
fisheries.
(b) The granted lands shall be used by the city and its
successors, solely for the establishment, improvement, and conduct of
a harbor, and for the construction, maintenance, and operation
thereon of wharves, docks, piers, slips, quays, warehouses,
factories, storehouses, equipment, parking areas, streets, highways,
bridges, pedestrian ways, landscaped areas, public buildings, public
assembly and meeting places, convention centers, parks, museums,
playgrounds, public recreation facilities (including, without
limitation, public golf courses, marinas, restaurants, hotels,
commercial recreation facilities, entertainment facilities and
attractions), and any other utilities, structures, and appliances,
provided the facilities are incidental to, or necessary or convenient
for, the promotion, benefit, and accommodation of the purposes of
the public trust.
(c) The city, or its successors, may not grant, convey, give, or
alienate the granted lands, or any part thereof, to any individual,
firm, or corporation for any purpose, except as provided in this
section or otherwise provided by the Legislature. This subdivision
shall not be construed as prohibiting the conveyance of any lands
within the former Naval Air Station Alameda, including lands
previously granted to the city and subsequently transferred to the
United States, to the Alameda Reuse and Redevelopment Authority
(hereafter "ARRA") by the United States or the city, or as
prohibiting the conveyance of any of those lands to the city by the
United States or the ARRA.
(d) Notwithstanding the foregoing restriction on alienation, the
city, or its successors, may grant franchises, permits, privileges,
licenses, easements, or leasehold interests (hereafter collectively
referred to as "leases") in connection with the lands, or any part
thereof, for limited periods, for purposes consistent with the trusts
upon which the lands are held by the State of California and this
grant, for a term not exceeding 66 years. The city may establish
other terms, conditions, and reservations in the leases, including a
right to terminate with reversion to the city upon termination of any
and all improvements thereon, as long as the terms, reservations,
and conditions are consistent with the public trust and this act. The
leases may include reservations for streets, sewer outlets, gas and
oil mains, water systems, electric cables and wires, and other
municipal purposes and uses deemed necessary by the city, upon
compensation being made for the injury and damage done to any
improvement or structure thereon.
(e) All moneys collected by the city arising out of the use or
operation of any of the granted lands, including all revenues derived
from leases or other rights to use or occupy the lands, shall be
deposited into a special fund maintained by the city. The money in or
belonging to the fund may be used only for uses and purposes
consistent with the public trust for navigation, commerce, and
fisheries, and the requirements of this act.
(f) The State of California shall have the right, together with
the city if there is no lessee or licensee, or together with the
lessee or licensee, if there is a lessee or licensee, to use, without
charge, all wharves, docks, piers, slips, quays, or other
improvements constructed on the granted lands or any part thereof,
for any vessel or other watercraft, or railroad, owned or operated by
the State of California.
(g) No discrimination in rates, tolls, or charges for use or in
facilities for any use or service in connection with wharves, docks,
piers, slips, or quays, or property operated by the city, or property
leased, the use of which is dedicated by the lessee or licensee for
a public use, shall ever be made, authorized, or permitted.
(h) There is hereby reserved in the people of the State of
California the right to fish in the waters on which the lands may
front, with the right of convenient access to the waters over the
lands for that purpose. The enjoyment of access and right to fish
shall be regulated by ordinance of the city so as not to interfere,
obstruct, retard, or limit the right of navigation or the rights of
lessees or licensees under lease or license given.
(i) The state hereby reserves all subsurface mineral deposits,
including oil and gas deposits, together with the right of ingress
and egress on the granted lands for exploration, drilling, and
extraction of mineral, oil, and gas deposits. Those mineral rights,
including the right of ingress and egress, shall not be exercised in
a manner that would disturb or otherwise interfere with any lease of
or on the granted lands. However, any lease of property shall contain
a provision specifying at least one point from which, and the manner
in which, the right of ingress or egress to subsurface deposits may
be exercised, which point or points may be outside the area of the
lease, provided the point or points are adequate to permit the rights
reserved to the state to be exercised. Notwithstanding this
subdivision, or Section 6401 of the Public Resources Code, the
reservation shall not include the right of the state or its
successors or assignees in connection with any mineral exploration,
removal, or disposal activity, to conduct any mining activity of any
nature whatsoever above a plane located 500 feet below the surface of
the lands without the prior written permission of any grantee of the
lands or the grantee's successors or assignees. If a public trust
exchange agreement authorized by Chapter 734 of the Statutes of 2000,
as amended, provides for the quitclaim to the state of all mineral
rights in the lands to be impressed with the public trust under the
agreement, the state may quitclaim to ARRA or the city all mineral
rights in the lands that are to be freed of the public trust under
the agreement.
(j) Nothing in this act shall impair or affect any rights or
obligations arising from leases conferring the right to use, occupy,
or conduct operations upon or within the granted lands, provided the
leases were lawfully entered into, consistent with any applicable
public trust or other restrictions on use, prior to the effective
date of this act.
SEC. 2. Section 12 of Chapter 898 of the Statutes of 1997 is
amended to read:
Sec. 12. (a) If the Authority is dissolved, by operation of law or
otherwise, all right, title, and interest of the Authority in the
property and any improvements thereon, shall, by operation of law,
devolve upon and vest in the City and County of San Francisco, and
the City and County of San Francisco shall assume the management,
conduct, and operation of and jurisdiction over the Trust Property,
subject to the public trust for commerce, navigation, and fisheries,
and the terms and conditions of this act, as amended.
(b) The Authority may transfer to the City and County of San
Francisco some or all of the Trust Property if the State Lands
Commission has approved the transfer. All of the right, title, and
interest granted to the Authority under this act in any portion of
the Trust Property transferred under this subdivision shall, upon
transfer, be granted to and vest in the City and County of San
Francisco, to be held subject to the public trust and the terms and
conditions of this act.
(c) For purposes of this act, the City and County of San Francisco
includes, but is not limited to, the City and County of San
Francisco acting by and through its Port Commission.
SEC. 3. Section 5 of Chapter 734 of the Statutes of 2000 is
amended to read:
Sec. 5. (a) The Legislature hereby approves an exchange of public
trust lands within the NAS property, whereby certain public trust
lands that are not now useful for public trust purposes are conveyed
free of the public trust and certain other lands that are not now
public trust lands and that are useful for public trust purposes are
made subject to the public trust, resulting in a configuration of
trust lands that is substantially similar to that shown on the
diagram in Section 11 of this act, provided the exchange complies
with the requirements of this act. The exchange is consistent with,
and furthers the purposes of, the public trust and the granting act.
(b) The commission is authorized to carry out an exchange of
public trust lands within the NAS property, in accordance with the
requirements of this act. Pursuant to this authority, the commission
shall establish appropriate procedures for effectuating the exchange.
The procedures shall include procedures for ensuring that lands are
not exchanged into the trust until any necessary hazardous materials
remediation for those lands has been completed, and may include, if
appropriate, procedures for completing the exchange in phases.
(c) The precise boundaries of the lands to be taken out of the
trust and the lands to be put into the trust pursuant to the exchange
shall be determined by the commission. The commission shall not
approve the exchange of any trust lands unless and until all of the
following occur:
(1) The commission finds that the configuration of trust lands on
the NAS property upon completion of the exchange will not differ
significantly from the configuration shown on the diagram in Section
11 of this act, and includes all lands within the NAS property that
are presently below mean high tide, excepting those portions of the
NAS property that are to be retained by the federal government.
(2) The commission finds that, with respect to the trust exchange
as finally configured and phased, the value of the lands to be
exchanged into the trust is equal to or greater than the value of the
lands to be exchanged out of the trust.
(3) The commission finds that, with respect to the trust exchange
as finally configured and phased, the lands to be taken out of the
trust have been filled and reclaimed, are cut off from access to
navigable waters, are no longer needed or required for the promotion
of the public trust, and constitute a relatively small portion of the
lands originally granted to the city, and that the exchange will not
result in substantial interference with trust uses and purposes.
(4) The exchange is approved by the entity or entities that, under
the provisions of the granting act and this act, would be
responsible for administering the public trust with respect to the
lands to be exchanged into the trust, and those lands are accepted by
such entity or entities subject to the public trust and the
requirements of the granting act.
(d) The exchange authorized by this act is subject to additional
conditions that the commission determines are necessary for the
protection of the public trust. At a minimum, the commission shall
establish conditions to ensure all of the following:
(1) Streets and other transportation facilities located on trust
lands are designed to be compatible with the public trust.
(2) The north-south corridor described in subdivision (g) of
Section 4 of this act functions as a public access corridor.
(3) Lands are not exchanged into the trust until any necessary
hazardous materials remediation for those lands has been completed.
(e) All former or existing tide or submerged lands within the NAS
property that have been conveyed to the ARRA or the city and for
which the public trust has not been terminated, either by express act
of the Legislature, exchange, or otherwise, and any lands exchanged
into the trust pursuant to this act, shall be held, whether by the
ARRA or by the city, subject to the public trust and the requirements
of the granting act. Notwithstanding the provisions of the granting
act, during any period in which those lands are held by the ARRA, the
ARRA, rather than the city, shall be the public trust administrator
for the lands, and shall have the same powers, and be subject to the
same requirements, as would the city under the granting act.
(f) Any lands exchanged out of the trust pursuant to this act
shall be deemed free of the public trust and the requirements of the
granting act.
(g) For purposes of effectuating the exchange authorized by this
act, the commission is authorized to do the following:
(1) Receive and accept on behalf of the state any lands or
interest in lands conveyed to the state by the ARRA or the city,
including lands that are now and that will remain subject to the
public trust.
(2) Convey to the ARRA or the city by patent all of the right,
title, and interest of the state in lands that are to be free of the
public trust upon completion of an exchange of lands as authorized by
this act and as approved by the commission.
(3) Convey to the ARRA or the city by patent all of the right,
title, and interest of the state in lands that are to be subject to
the public trust, the terms of this act, and the granting act upon
completion of an exchange of lands as authorized by this act and as
approved by the commission, subject to the terms, conditions, and
reservations that the commission determines are necessary to meet the
requirements of subdivisions (d) and (e).
(h) For purposes of this section, the requirement to complete all
necessary hazardous materials remediation shall be deemed satisfied
with respect to the land to be impressed with the trust if either of
the following occurs:
(1) All remedial action necessary to protect human health and the
environment with respect to the hazardous substances on the land has
been completed as determined in accordance with the Federal Facility
Agreement for Alameda Naval Air Station between the United States
Environmental Protection Agency, the United States Department of the
Navy, and the State of California, as that agreement may be amended
from time to time, and the United States has provided a warranty in
accordance with Section 9620(h)(3)(A) of Title 42 of the United
States Code.
(2) The United States has obtained a warranty deferral, approved
by the Governor in accordance with Section 9620(h)(3)(C) of Title 42
of the United States Code, involving land for which the commission
has determined to execute a certificate of acceptance of title, and
the commission finds that sufficient liability measures and
implementation measures will be in place upon the completion of the
exchange. Prior to approving a warranty deferral, the Governor and
the Department of Toxic Substances Control, the regional water
quality control board, or other appropriate state oversight agency
with expertise in hazardous materials remediation shall confer and
consult with the commission to reasonably ensure that the terms of
the warranty deferral and underlying documents and agreements provide
sufficient standards and financial assurances to ensure that the
remediation of any affected trust lands will be completed in a manner
consistent with the intended public trust use of these lands and in
a reasonable period of time.
SEC. 4. Section 2 of Chapter 543 of the Statutes of 2004 is
amended to read:
Sec. 2. The following definitions apply for purposes of this act:
(a) "Authority" or "TIDA" means the Treasure Island Development
Authority, a nonprofit public benefit corporation established by the
legislative body of the City and County of San Francisco and the
conversion act, or, if TIDA is dissolved, the City and County of San
Francisco.
(b) "City" means the City and County of San Francisco.
(c) "Commission" means the State Lands Commission.
(d) "Conversion act" means the Treasure Island Conversion Act of
1997 (Chapter 898 of the Statutes of 1997).
(e) "Public trust" or "trust" means the public trust for commerce,
navigation, and fisheries.
(f) "Statutory trust" means those requirements for and limitations
on the use, management, and disposition of trust lands imposed by
Sections 6 through 11, inclusive, of the conversion act.
(g) "TIDA property" means that property comprised of portions of
the lands commonly known as Treasure Island and Yerba Buena Island
lying within the City and County of San Francisco, State of
California and more particularly described as follows:
That portion of the lands described in that certain Presidential
Reservation of Goat Island (now Yerba Buena Island), dated November
6, 1850, lying northwesterly of Parcel 57935-1 as described in that
certain Quitclaim Deed, recorded October 26, 2000, as Document Number
2000G855531, in the office of the Recorder of the said City and
County of San Francisco (hereinafter referred to as Doc.
2000G855531), together with all of the underlying fee to Parcel
57935-5 as described in said Quitclaim Deed (Doc. 2000G855531), and
also together with all of the underlying fee to Parcel 57935-6 as
described in said Quitclaim Deed (Doc. 2000G855531), and also
together with that portion of the tide and submerged lands in San
Francisco Bay, relinquished to the United States of America by that
certain act of the Legislature of the State of California by Statutes
of the State of California of 1897, Chapter 81 (hereinafter referred
to as Stat. 1897, Ch. 81), and also together with all of the
Tidelands and Submerged Lands in San Francisco Bay known as Treasure
Island, together with all improvements thereon and appurtenances
thereto, as described in that certain Final Judgment of Condemnation,
filed April 3, 1944, in the District Court of the United States in
and for the Northern District of California, Southern Division, Case
Number 22164-G (hereinafter referred to as Case 22164-G), excepting
therefrom, that portion of the said Tidelands and Submerged Lands in
San Francisco Bay known as Treasure Island (Case 22164-G), commonly
referred to as the Job Corps Center, Treasure Island, which was
transferred to the United States Department of Labor by that certain
document entitled "Transfer and Acceptance of Military Real Property"
, Dated March 3, 1998, and also excepting therefrom, that portion of
the said Tide and Submerged Lands in San Francisco Bay, relinquished
to the United States of America (Stat. 1897, Ch. 81), within the
"Army Reservation, Occupied by U.S. Light House Service under Permit
from Secretary of War dated May 27, 1872" as shown and described upon
that certain map entitled "Plat of Army and Navy reservations on
Yerba Buena (Goat) Island, San Francisco Bay, California", and also
excepting therefrom, that portion of the Tide and Submerged Lands in
San Francisco Bay, relinquished to the United States of America
(Stat. 1897, Ch. 81) which were transferred to the United States
Coast Guard by that certain document entitled "Transfer and
Acceptance of Military Real Property", Dated November 26, 2002.
(h) "Tidelands" means lands below the mean high tide line and
includes submerged lands.
(i) "Trust exchange" or "exchange" means the exchange of trust
lands on Treasure Island for lands on Yerba Buena Island not
presently subject to the trust, as authorized by this act.
(j) "Trust lands" means all lands, including, but not limited to,
tidelands, within the TIDA property that are presently subject to the
public trust or will be subject to the trust upon conveyance out of
federal ownership or following a trust exchange.
(k) "Trustee" means the authority and any successor agency
authorized under the conversion act and this act to administer the
trust over any or all of the trust lands.
SEC. 5. Section 9 of Chapter 543 of the Statutes of 2004 is
amended to read:
Sec. 9. In any case where the state, pursuant to this act, conveys
tidelands and submerged lands, the state shall reserve all minerals
and all mineral rights in the lands of every kind and character now
known to exist or hereafter discovered, including, but not limited
to, oil and gas, and rights thereto, together with the sole,
exclusive, and perpetual right to explore for, remove, and dispose of
those minerals by any means or methods suitable to the state or to
its successors and assignees, except that, notwithstanding the
conversion act, or Section 6401 of the Public Resources Code, any
reservation shall not include the right of the state or its
successors or assignees in connection with any mineral exploration,
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 successors or assignees.
(2) Conduct any mining activity of any nature whatsoever above a
plane located 500 feet below the surface of the lands without the
prior written permission of any grantee of the lands or the grantee's
successors or assignees.
If an agreement authorized by this act provides for the quitclaim
to the state by TIDA of all mineral rights in the lands TIDA owns or
may own that are to be impressed with the public trust, the state may
quitclaim to TIDA all mineral rights in the lands that are to be
freed of the public trust under the agreement.
SEC. 6. Section 1 of Chapter 203 of the Statutes of 2009 is
amended to read:
Section 1. The following definitions apply for purposes of this
act:
(a) "1958 Act" means Chapter 2 of the Statutes of 1958 of the
First Extraordinary Session.
(b) "Agency" means the San Francisco Redevelopment Agency, or any
successor entity with jurisdiction over the project area.
(c) "Applicable statutory trust" means either of the following:
(1) Where the agency is the trustee, the terms and conditions of
the state's trust grant to the agency under this act.
(2) Where the city is the trustee, the Burton Act trust.
(d) "BCDC" means the San Francisco Bay Conservation and
Development Commission.
(e) "Burton Act" means Chapter 1333 of the Statutes of 1968, as
amended.
(f) "Burton Act lands" means all those lands within the project
area, or immediately adjacent to the project area, owned in fee by
the city and held subject to the Burton Act.
(g) "Burton Act transfer agreement" means that certain agreement
dated January 24, 1969, between the state and the city, relating to
the transfer of the Port of San Francisco from the state to the city,
and any amendments to that agreement in accordance with its terms.
(h) "Burton Act trust" means the statutory trust imposed by the
Burton Act, and any additional restrictions on use and alienability
created by the Burton Act transfer agreement, by which the state
conveyed to the city, in trust and subject to certain terms,
conditions, and reservations, the state's interest in certain
tidelands, including filled lands, and lands dedicated or acquired by
the city as assets of the trust. The Burton Act trust does not
include the requirements of Section 12 of the Burton Act.
(i) "Candlestick Point" means all that real property situate in
the City and County of San Francisco, State of California, described
as follows:
Beginning at the intersection of the northeasterly line of
Underwood Avenue (formerly 21st Avenue, 80 feet wide) with the
southeasterly line of Arelious Walker Drive (formerly F Street, or
Fitch Street, 64 feet wide); thence southwesterly along the
southeasterly line of said Arelious Walker Drive 1400 feet to a point
laying on the northeasterly line of Bancroft Avenue (formerly 26th
Avenue, 80 feet wide), said point being also the most westerly corner
of the lands designated and shown as "Parcel 1" on that certain map
entitled "Record of Survey - Hunters Point Shipyard" and filed in
Book "Z" of Maps, at pages 135 through 147, Document No. 2000-G845126
in the office of the City and County of San Francisco Recorder;
thence southeasterly along the northeasterly line of said Bancroft
Avenue 2592 feet to the northeasterly extension of the northwesterly
line of Boalt Street (formerly B Street, 64 feet wide); thence
southwesterly along said extension and said northwesterly line of
said Boalt Street 35 feet to a point laying on the boundary of those
certain lands commonly known as "Candlestick Point State Recreation
Area" and described under Exhibit "1" in that certain Quitclaim Deed
from the City and County of San Francisco to the State of California,
recorded in the office of County Recorder of said county in Book
D633 of Official Records, at Image 1952; thence generally
southwesterly, southeasterly, southerly and westerly along said
boundary of said "Candlestick Point State Recreation Area", in all of
its courses, to a point on the San Francisco - San Mateo County
boundary line as said line is shown on that certain Board of Tide
Land Commissioners map entitled "Map of the Salt Marsh and Tide Lands
and Lands Lying Under Water South of Second Street", a copy of which
is filed in Map Book "W", pages 46 and 47, in the office of the City
and County of San Francisco Recorder, from which point the point of
beginning of said boundary described in said Exhibit "1" bears North
44?39'58" East 103.85 feet, more or less; thence westerly along said
county line 15 feet, more or less, to the southeasterly line of
Harney Way as shown on that certain map entitled "Map Showing the
Opening of Harney Way from Jamestown Avenue to County Line", filed
January 28, 1965, in Map Book "U" at pages 64 and 65, in the office
of the City and County of San Francisco Recorder; thence continuing
westerly along said county line 178.79 feet; thence leaving said
county line North 44?39'58" East 592.16 feet; thence North 45?36'16"
East 300.04 feet; thence North 56?25'37" East 104.39 feet; thence
North 61?40'38" East 137.37 feet; thence North 76?48'21" East 159.25
feet to a point laying at the westerly terminus of the course labeled
"North 86?19'02" West 87.60 feet" on the northerly line of Harney
Way as shown on that certain Final Map entitled "Map of San Francisco
Executive Park II"
, filed in Map Book "X", pages 8 through 11, Document No. D168468, in
the office of the City and County of San Francisco Recorder; thence
easterly along the northerly line of said Harney Way, in all of its
courses, to the southwesterly line of the lands of Leonoudakis as
described in that certain document filed in the office of the City
and County of San Francisco in Reel I751 of Official Records, at
Image 599, Document No. 2004-H839983, (Lot 008, Assessor's Block
5023); thence northwesterly along said southwesterly line to the
southeasterly line of the lands of Leonoudakis as described in that
certain document filed in the office of the City and County of San
Francisco in Reel I751 of Official Records, at Image 598, Document
No. 2004-H839982, (Lot 8, Assessor's Block 4977); thence
southwesterly and northwesterly along the southeasterly and
southwesterly lines of said lands of Leonoudakis to the most
southerly corner of the lands of the City and County of San Francisco
designated and shown as Lot 6 on Assessor's Block 4977; thence
northwesterly and northeasterly along the southeasterly and
northwesterly lines of said lands of the City and County of San
Francisco to the southwesterly corner of Lot 276, as shown on that
certain Parcel Map filed in Parcel Map Book 45 at page 10, Document
No. 2001-G962714, in the office of the City and County of San
Francisco Recorder; thence northwesterly along the boundary of said
Lot 276, in all of its courses, to the most northerly corner of said
lot, being also a point laying on the southwesterly line of Jamestown
Avenue; thence northwesterly along the southwesterly line of
Jamestown Avenue 135 feet, more or less, to a point; thence
northeasterly and perpendicular to the last course 89 feet to the
intersection of the southeasterly line of Coronado Street with the
northeasterly line of Jamestown Avenue as shown on that certain map
entitled "Map Showing the Widening and Extension of Jamestown Avenue
from Hunters Point Expressway to Redondo Street" filed in Map Book "U"
at pages 60 through 63, in the office of the City and County of San
Francisco Recorder; thence southeasterly along said northeasterly
line of Jamestown Avenue 725 feet, more or less, to a point; thence
northeasterly along a line laying parallel and 350 feet southeasterly
of the southeasterly line of Griffith Street (formerly G Street, 64
feet wide), 660 feet to the Line of Ordinary High Tide of 1869 as
said line is shown, but not labeled, on that Board of Tide Land
Commissioners Block Map No. 9 filed in Map Book "W" at pages 11
through 13, in the office of the City and County of San Francisco
Recorder; thence northeasterly along said line, in all of its
courses, to the southwesterly line of the lands of the San Francisco
Housing Authority designated and shown as Lot 20 on Assessor's Block
4884; thence northwesterly along a line laying parallel with and
distant 100 feet northeasterly of the northeasterly line of Gilman
Avenue (formerly 31st Avenue, 80 feet wide), being also the
southwesterly line of said lands of the San Francisco Housing
Authority, to the northwesterly line of Hawes Street (formerly H
Street, 64 feet wide); thence northeasterly along said northwesterly
line of Hawes Street 1020 feet to the northeasterly line of Carroll
Avenue (formerly 27th Avenue, 80 feet wide); thence southeasterly
along said northeasterly line of Carroll Avenue 728 feet to a point
laying on the southeasterly line of Griffith Street (formerly G
Street, 64 feet wide), said point laying also at a deflection in the
northwesterly boundary of said "Candlestick Point State Recreation
Area"; thence in a general northerly and westerly direction, along
the boundary of said "Candlestick Point State Recreation Area" as
described under Exhibit "1" in said Quitclaim Deed recorded in the
office of the City and County of San Francisco Recorder, in Book D633
of Official Records, at page 1952, the following courses:
northeasterly along said southeasterly line of Griffith Street 760
feet to the southwesterly line of Yosemite Avenue (formerly 24th
Avenue, 80 feet wide); thence northwesterly along said southwesterly
line of Yosemite Avenue to the point of beginning of that parcel of
land described in the Quitclaim Deed from the United States of
America to Julio and Anita Ricci, recorded March 8, 1961 in Book
A235, page 208 of Official Records of the City and County of San
Francisco; thence northeasterly, parallel with the southeasterly line
of Ingalls Street (formerly I Street), 80 feet to a point laying on
the northeasterly line of Yosemite Avenue distant thereon
southeasterly 205 feet from said southeasterly line of Ingalls
Street, said point being the most westerly corner of that certain
parcel of land described as Parcel 3523 in the Grant Deed dated
November 30, 1979 from R.C. Scarver and Terese Scarver to the State
of California recorded February 8, 1980 as Document No. 73057 in Book
C942, page 746 of Official Records of the City and County of San
Francisco; thence northeasterly along the northwesterly line of said
parcel to the most northerly corner of said parcel, said point laying
in the southwesterly line of Wallace Avenue (formerly 23rd Avenue,
80 feet wide); thence northeasterly, parallel with said southeasterly
line of Ingalls Street, 80 feet to the most westerly corner of the
land described as Parcel 3 in the deed from Hibernia Bank to Mike
Garza recorded December 20, 1977 in Book C488, page 303 of Official
Records of the City and County of San Francisco, said point laying on
the northeasterly line of Wallace Avenue, distant thereon 205 feet
southeasterly of said southeasterly line of Ingalls Street; thence
southeasterly along said northeasterly line of Wallace Avenue to the
southeasterly line of Hawes Street (formerly H Street, 64 feet wide);
thence northeasterly along said southeasterly line of Hawes Street,
464 feet to the southwesterly line of Underwood Avenue (formerly 21st
Avenue, 80 feet wide); thence leaving said "Candlestick Point State
Recreation Area" boundary, northeasterly 80 feet to the northeasterly
line of said Underwood Avenue; thence southeasterly along the
northeasterly line of said Underwood Avenue 75 feet to a point laying
on said "Candlestick Point State Recreation Area" boundary; thence
along said "Candlestick Point State Recreation Area" boundary the
following courses: northeasterly along a line parallel and distant 75
feet southeasterly from said southeasterly line of Hawes Street, 200
feet to the southwesterly line of Thomas Avenue (formerly 20th
Avenue, 80 feet wide); thence southeasterly along said southwesterly
line of Thomas Avenue, to the northwesterly line of Griffith Street
(formerly G Street, 64 feet wide); thence southwesterly along said
northwesterly line of Griffith Street, 200 feet to the northeasterly
line of Underwood Avenue (80 feet wide); thence southeasterly along
said northeasterly line of Underwood Avenue 664 feet to the
northwesterly line of said Arelious Walker Drive; thence leaving said
"Candlestick Point State Recreation Area" boundary, northeasterly
along said northwesterly line of Arelious Walker Drive, 280 feet to
the northeasterly line of said Thomas Avenue; thence southeasterly
along said northeasterly line of Thomas Avenue, 64 feet to a point
laying on the boundary of said "Candlestick Point State Recreation
Area"; thence southwesterly along said boundary and the southeasterly
line of said Arelious Walker Drive, 280 feet to the Point of
Beginning.
Excepting therefrom any portion lying outside said City and County
of San Francisco.
(j) "City" means the City and County of San Francisco, a charter
city and county, and includes the City and County of San Francisco
acting by and through its Port Commission.
(k) "Commission" means the State Lands Commission.
(l) "Community Redevelopment Law" means Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code.
(m) "Department" means the Department of Parks and Recreation.
(n) "Director" means the Director of Parks and Recreation.
(o) "Hillside open space" means that area of land so designated as
depicted in the diagram in Section 25 of this act.
(p) "Hunters Point submerged lands" means all that real property
situate in the City and County of San Francisco, State of California,
described as follows:
Beginning at the intersection of the northeasterly prolongation of
the southeasterly line of Earl Street (64 feet wide) with the 1948
Bulkhead Line as shown on the map entitled "Real Estate Summary Map
NAVFAC Drawing No. 1045757" on file at the Department of the Navy,
WESTDIV, San Bruno, California; thence southeasterly along said 1948
Bulkhead Line and the northeasterly line of that certain property
conveyed in declaration of taking, Civil Action No. 22147 as shown on
said summary map to a line parallel with and 450 feet southeasterly
of the southeasterly line of Boalt Street (64 feet wide); thence
southwesterly along said parallel line to the northeasterly line of
the land described in the deed filed in Book 3677 of Official Records
at page 349 in the Office of the County Recorder of said county,
said northeasterly line being the arc of a curve, concave
southwesterly and having a radius of 1,800 feet; thence southeasterly
and southerly along said arc to the southeasterly prolongation of
the northeasterly line of Evans Avenue (80 feet wide); thence
northwesterly along said prolongation and said northeasterly line of
Evans Avenue to the 1941 Bulkhead Line as shown on said summary map;
thence southerly along said 1941 Bulkhead Line to the northeasterly
line of that certain property conveyed in declaration of taking,
Civil Action No. 36272 as shown on said summary map; thence
southeasterly along said northeasterly line to said 1948 Bulkhead
Line as shown on said summary map; thence southerly along said 1948
Bulkhead Line to the line dividing the City and County of San
Francisco from the County of San Mateo; thence easterly along said
county line to the United States Pierhead Line as shown on the map
entitled "Hunters Point Naval Shipyard, General Development Map, Key
Map No. 1174922" on file at the Department of the Navy, Western
Division San Bruno, California; thence northeasterly and
northwesterly along said Pierhead Line as shown on said General
Development Map to said northeasterly prolongation of the
southeasterly line of said Earl Street (64 feet wide); thence
southwesterly along said prolongation of the southeasterly line of
said Earl Street to the said 1948 Bulkhead Line and the point of
beginning.
(q) "Project" means the integrated development of a combination of
uses on Candlestick Point and the shipyard, including, but not
limited to, residential, commercial, public trust, and recreational
uses, in accordance with the redevelopment plan.
(r) "Project area" means the shipyard, Hunters Point submerged
lands, and Candlestick Point.
(s) "Proposition G" means Proposition G, also known as the "Mixed
Use Development Project for Candlestick Point and Hunters Point
Shipyard," approved by the voters of the city in June 2008.
(t) "Public trust" or "trust" means the common law public trust
for commerce, navigation, and fisheries.
(u) "Redevelopment plan" means the Hunters Point Shipyard
Redevelopment Plan, and those portions of the Bayview-Hunters Point
Redevelopment Plan pertaining to the redevelopment of Candlestick
Point, adopted by the agency pursuant to Chapter 4.5 (commencing with
Section 33492) of the Community Redevelopment Law, as those plans
may be amended from time to time.
(v) "Reserved street area" means a portion of the reserved
streets.
(w) "Reserved streets" means all those portions of the trust lands
that were reserved to the state for street purposes by the Board of
Tidelands Commissioners pursuant to the "Act to survey and dispose of
certain salt marsh and tide lands belonging to the State of
California," Chapter 543 of the Statutes of 1868, as depicted on the
map entitled "Map of the Salt Marsh and Tide Lands and Lands Lying
Under Water South of Second Street and Situate in the City and County
of San Francisco" prepared by the Board of Tide Land Commissioners
and dated March 19, 1869.
(x) "Shipyard" or "Hunters Point Shipyard" means all that real
property situate in the City and County of San Francisco, State of
California, described as follows:
Beginning at the intersection of the southeasterly line of Fitch
Street (64 feet wide) with the northeasterly line of Palou Avenue (80
feet wide), said intersection also being in the southerly line of
the Lands of Lowpensky as described in that document filed in the
Office of the County Recorder of said County in Book D238 Official
Records at page 80; thence easterly along the southerly line of said
Lands of Lowpensky to the southeasterly corner of the said Lands of
Lowpensky being also the southwesterly corner of the Lands of the
Regents of University of California as described in that document
filed in the Office of the County Recorder of said County in Book
C562 Official Records at page 582; thence easterly, northerly and
northwesterly along the southerly, easterly and northeasterly lines
of said Lands of the Regents to the northwesterly corner of said
Lands of the Regents and also being the northeasterly corner of said
Lands of Lowpensky. Thence northwesterly along the northeasterly line
of said Lands of Lowpensky to the most westerly corner of said Lands
of Lowpensky, being also a point in the northeasterly line of said
Palou Avenue; thence northwesterly along the northeasterly line of
said Palou Avenue to the southeasterly line of Griffith Street (64
feet wide); thence northeasterly along the southeasterly line of said
Griffith Street 200 feet to the southwesterly line of Oakdale Avenue
(80.00 feet wide); thence northwesterly along the southwesterly line
of said Oakdale Avenue, 32 feet to the centerline of said Griffith
Street; thence northeasterly along the centerline of said Griffith
Street 600 feet to the centerline of McKinnon Avenue (80 feet wide);
thence southeasterly along the centerline of said McKinnon Avenue 664
feet to the centerline of said Fitch Street (64 feet wide); thence
northeasterly along the centerline of said Fitch Street 320 feet to
the northeasterly line of La Salle Avenue (80 feet wide); thence
southeasterly along the northeasterly line of said La Salle Avenue,
632 feet to the northwesterly line of Earl Street (64 feet wide) and
an angle point in the northwesterly boundary of Inchon Village as
shown on the "Map of Inchon Village" filed in the Office of the
County Recorder of said County in Book 17 of Condominium Maps at
pages 112 through 130; thence southwesterly along the northwesterly
boundary of said Inchon Village to the centerline of McKinnon Avenue
(80 feet wide) and the most northerly corner of the Lands of Crisp
Building, Inc., described in that certain document filed in the
Office of the County Recorder of said County in Book D767 Official
Records at page 1051; thence southwesterly, southeasterly and
northeasterly along the northwesterly, southwesterly and
southeasterly lines of said Lands of Crisp Building, Inc. to the most
easterly corner of said Lands of Crisp Building, Inc., being also
the most southerly corner of the land shown on the "Parcel Map of
Inchon and Solomon Village" filed in the Office of the County
Recorder of said County in Book 17 of Parcel Maps at page 77 and the
centerline of said McKinnon Avenue; thence northeasterly along the
southeasterly line of said Inchon and Solomon Village to the most
easterly corner of said Inchon and Solomon village and the
southwesterly line of Innes Avenue (80.00 feet wide); thence
northwesterly along the southwesterly line of said Innes Avenue 641
feet to the centerline of said Earl Street (64 feet wide); thence
northeasterly along the centerline of said Earl Street 40 feet to the
centerline of said Innes Avenue; thence southeasterly along the
centerline of said Innes Avenue 32 feet to the southeasterly line of
said Earl Street; thence northeasterly along the southeasterly line
of said Earl Street and its prolongation 3,151 feet to the 1948
Bulkhead Line as shown on the map entitled "Real Estate Summary Map
NAVFAC Drawing No. 1045757" on file at the Department of the Navy,
WESTDIV, San Bruno, California; thence southeasterly along said 1948
Bulkhead Line and the northeasterly line of that certain property
conveyed in declaration of taking, Civil Action No. 22147 as shown on
said summary map 2,553 feet more or less to a point on a line
parallel with and 450 feet southeasterly of the southeasterly line of
Boalt Street (64 feet wide), thence southwesterly along said
parallel line a distance of 52 feet more or less to the northeasterly
line of the land described in the deed filed in Book 3677 of
Official Records at page 349 in the Office of the County Recorder of
said County, said northeasterly line being the arc of a curve,
concave southwesterly and having a radius of 1,800 feet; thence
southeasterly and southerly along said arc to the southeasterly
prolongation of the northeasterly line of Evans Avenue (80 feet
wide); thence northwesterly along said prolongation and said
northeasterly line of Evans Avenue, to the 1941 Bulkhead Line as
shown on said summary map; thence southerly along said 1941 Bulkhead
Line, to the northeasterly line of that certain property conveyed in
declaration of taking, Civil Action No. 36272 as shown on said
summary map; thence southeasterly along said northeasterly line to
said 1948 Bulkhead Line as shown on said summary map; thence
southerly along said 1948 Bulkhead Line to the line dividing the City
and County of San Francisco from the County of San Mateo; thence
westerly along said county line 127 feet more or less to the
southeasterly prolongation of the northeasterly line of Bancroft
Avenue (80 feet wide); thence northwesterly along said prolongation
and said northeasterly line of said Bancroft Avenue 7,484 feet more
or less to the southeasterly line of said Fitch Street (64 feet
wide); thence northeasterly along the southeasterly line of said
Fitch Street 2,800 feet to the point of beginning.
(y) "State" means the State of California.
(z) "State property" means the property or interests in property
owned by the state located within the project area, and includes both
proprietary land and sovereign land.
(aa) "State recreation area" means the Candlestick Point State
Recreation Area.
(ab) "Tidelands" means tide and submerged lands.
(ac) "Trustee" means the owner and trust administrator of trust
lands granted pursuant to this act or the Burton Act, and is either
the agency, with respect to lands owned by the agency, or the city,
with respect to lands owned by the city.
(ad) "Trust lands" means all lands, including tide and submerged
lands, within the project area that are presently, or upon conveyance
out of federal ownership will be, subject to the public trust.
Following a trust exchange, trust lands shall include all lands
within the project area that have been impressed with the trust
pursuant to the exchange, and shall not include any lands that have
been removed from the trust pursuant to the exchange.
SEC. 7. Section 11 of Chapter 203 of the Statutes of 2009 is
amended to read:
Sec. 11. The state shall reserve from the grant made in Section 6
of this act, and from any other conveyance pursuant to this act of
the state's interest, or any portion of the state's interest, in any
lands, all minerals and all mineral rights in those lands that are to
be impressed with the public trust, of every kind and character now
known to exist or hereafter discovered, including, but not limited
to, oil and gas and rights thereto, together with the sole,
exclusive, and perpetual right to explore for, remove, and dispose of
those minerals by any means or methods suitable to the state or to
its successors and assignees, except that, notwithstanding the Burton
Act or Section 6401 of the Public Resources Code, this reservation
shall not include the right of the state or its successors or
assignees in connection with any mineral exploration, removal, or
disposal activity, to do either of the following:
(a) Enter upon, use, or damage the surface of the lands or
interfere with the use of the surface by a grantee or by the grantee'
s successors or assignees. However, a lease, franchise, permit, or
license of the property shall contain a provision specifying at least
one point from which, and the manner in which, the right of ingress
or egress to the subsurface deposits may be exercised, which point or
points may be outside the area of the leasehold, franchise, permit,
or license, as long as the point or points are adequate to permit the
rights reserved to the state to be exercised.
(b) Conduct any mining activities of any nature whatsoever above a
plane located 500 feet below the surface of the lands without the
prior written permission of a grantee of the lands or the grantee's
successors or assignees.
(c) If an agreement authorized by this act provides for the
quitclaim to the state by the other parties to that agreement of all
mineral rights in the lands they own or may own that are to be
impressed with the public trust, the state may quitclaim all mineral
rights in the lands that are to be freed of the public trust under
the agreement.
SEC. 8. The Legislature finds and declares that the amendments
made by Sections 5, 6, and 7 of this act do not constitute a change
in, but are declaratory of, existing law.