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6.1 Resolution Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Certain Real Property Located at 5868 Tassajara Road ST0119
r DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 6.1 DATE: August 20, 2024 TO: Honorable Mayor and City Councilmembers FROM: Linda Smith, City Manager SU B.ECT : Resolution Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Certain Real Property Located at 5868 Tassajara Road (Alameda County APN 986-28-2) and a Temporary Construction Easement for the Construction of the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 Prepared by: Laurie Sucgang, City Engineer & Laura D. Beaton, Special Counsel to the City EXECUTIVE SUMMARY: The City Council will consider adopting a Resolution of Necessity to authorize the commencement of an eminent domain action to acquire a portion of the property located at 5868 Tassajara Road (Assessor's Parcel Number 986-28-2) and a temporary construction easement for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119. STAFF RECOMMENDATION: Conduct the public hearing, deliberate, and adopt the Resolution Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Certain Real Property Located at 5856 Tassajara Road, Dublin, CA (Alameda County APN 986-28-2) and a Temporary Construction Easement for the Construction of the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119. The City Council must consider all evidence presented at the hearing on the Resolution, and must find and determine each of the following in order to adopt the Resolution: (1) the public interest and necessity require the project; (2) the project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury; (3) the property is necessary for the project; and (4) the City has made the offer required by Government Code section 7267.2 to the owners of record of the property. Page 1 of 5 1 FINANCIAL IMPACT: The direct fiscal impacts include the costs of real property acquisitions, attorney fees and costs if the eminent domain action is filed, and administrative expenses. No residences or buildings are being taken. No person or business is being displaced or will need to relocate and there are no associated relocation expenses. The amount of compensation that the City is required to pay the property owners to acquire a portion of the property is not at issue at this hearing. The amount of compensation will be determined in a court trial following adoption of the proposed Resolution of Necessity. All costs to date associated with Staff, real property consultants, and attorneys are covered by the existing appropriated funds as approved in the 2024-2029 Capital Improvement Program (CIP) project budget for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School, CIP No. ST0119. DESCRIPTION: Background The General Plan and Eastern Dublin Specific Plan identified Tassajara Road as a six- to eight -lane arterial roadway linking several developments in eastern Dublin with Contra Costa County to the north, where the roadway name changes to Camino Tassajara, and the I-580 freeway and City of Pleasanton to the south. In 1999 and 2004, the City adopted right-of-way lines for Tassajara Road, between I-580 and the northern boundary of Dublin Ranch Phase 1 as Ordinance No. 20-99, and between North Dublin Ranch Drive to the Alameda - Contra Costa County limit line as Ordinance No. 21-04. In coordination with Contra Costa County, a revised alignment of Tassajara Road/Camino Tassajara was proposed between Palisades Drive in the City and Windemere Parkway in the County, to improve the existing horizontal alignment and to improve traffic safety. In 2016, the City Council approved the addition of the Tassajara Road Realignment and Widening Project into the Five -Year Capital Improvement Program and directed Staff to proceed with the preliminary design of a revised alignment of Tassajara Road, which includes four lanes, instead of six lanes, north of North Dublin Ranch Drive. The reduction from six lanes to four lanes was supported by a study initiated by the City and Contra Costa County, "Tassajara Road/Camino Tassajara Capacity Analysis" ("Traffic Analysis"), which was based on up-to-date land -use estimates along with refined street network data anticipated in the Eastern Dublin Specific Plan (EDSP) and in the Eastern Dublin Environmental Impact Report (EIR). The Traffic Analysis concluded that reducing Tassajara Road/Camino Tassajara from six to four lanes (two in each direction) between North Dublin Ranch Drive in the City and Windemere Parkway in the County would result in similar levels of service at intersections, minimal traffic diversion to other roads, and minimal increase in travel times compared to a six -lane configuration. On April 21, 2020, the City Council approved Resolution No. 31-20 adopting an amendment to the General Plan and EDSP changing the segment of Tassajara Road from North Dublin Ranch Drive to Page 2 of 5 2 the northern City limit with Contra Costa County to a four -lane arterial roadway. Soon thereafter, Staff and consultants proceeded with the design phase of the project to improve Tassajara Road from North Dublin Ranch Drive to Quarry Lane School to a four -lane arterial standard with bike lanes, sidewalks, landscaped median, stormwater treatment areas, street lighting, and other associated street improvements. Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School (Project) The construction of the Project requires the acquisition of right-of-way along the west side of the roadway. A strip of land and a temporary construction easement over the property located at 5868 Tassajara Road, Assessor's Parcel Number 986-28-2, is required. The fee acquisition area is a strip of land along the Tassajara Road, consisting of approximately 1,972 square feet. Additionally, the City will require a temporary construction easement, along the fee acquisition strip, consisting of approximately 2,095 square feet. The temporary construction easement will be in place for a period of 12 months, which is necessary for construction of the Project. Together, the fee acquisition area and the temporary construction easement are referred to as the "Property," and are more particularly described in Exhibits A and B to the Resolution. The Property is owned by Javid Roshan and Zarmina Mayar. The City sent a written offer to purchase the Property to the owners on February 6, 2023, based on the full appraised value of the Property as appraised by real estate appraiser Keith Shintani of Associated Right of Way Services, Inc. (Attachment 3). The City later provided an updated appraisal by the same real estate appraiser on February 20, 2023 (Attachment 4), and sent a new written offer that exceeded the updated appraisal amount. Additionally, written offers to purchase the Property in excess of the updated appraisal amount were sent to the owners on July 1, 2024, and on July 24, 2024 (Attachments 5 and 6). The City has made reasonable efforts to conclude negotiations in accordance with the requirements of Government Code section 7267.2. However, the City has been unsuccessful to date in attempts to acquire the Property through negotiations. Adoption of the Resolution of Necessity and Findings By adopting the proposed Resolution of Necessity, the City Council will authorize the filing of an eminent domain action to acquire the Property. The Resolution must be approved by a two-thirds vote of the City Council. Before adoption of the Resolution of Necessity, the City Council must make the following findings based on evidence presented at the hearing: 1. The public interest and necessity require the Project. The acquisition of the Property will enable the City to proceed with the Project. The Project is necessary to improve safety and traffic movement on Tassajara Road and will complete the street improvements between North Dublin Ranch Drive and Quarry Lane School, which includes a four -lane arterial standard with bike lanes, sidewalks, landscape median, stormwater treatment areas, street lighting, and other associated street improvements. 2. The proposed project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury. The acquisition of the Property is consistent with the City's General Plan. No person or business is being displaced or will need to be relocated. Page 3 of 5 3 3. The Property is necessary for the Project. As previously stated, the Project requires the acquisition of the Property. There is no other land that could be acquired and used to complete the Project. 4. The City has made the offer required by Government Code section 7267.2 to the owner of record. As explained above, the City has made multiple offers to the owners and has made reasonable efforts to conclude negotiations in accordance with the requirements of Government Code section 7267.2. However, the City has been unsuccessful to date in attempts to acquire the Property through negotiations. Environmental Review On March 3, 2020, the City Council approved a CEQA Addendum to the Initial Study/Mitigated Negative Declaration (Resolution No. 17-20), which was previously adopted in 2004. The Addendum addressed the programmatic change in the number of ultimate travel lanes from six lanes to four lanes for a portion of Tassajara Road, including the subject segment from North Dublin Ranch Drive to Quarry Lane School. The right-of-way necessary to construct this segment is also addressed in the approved Addendum. Policy Alternatives The City Council may choose not to adopt the Resolution of Necessity and direct Staff to continue negotiations. Negotiations with the property owners can also continue after adoption of the Resolution of Necessity, or even after the filing of an action in eminent domain. STRATEGIC PLAN INITIATIVE: Strategy 5: Long -Term Infrastructure and Sustainability Investments Objective B: Focus on major street improvements to assist in improving safety and traffic movement, including Village Parkway, Tassajara Road, and the Dublin Boulevard extension. NOTICING REQUIREMENTS/PUBLIC OUTREACH: The City Council Agenda was posted. The notice of the proposed Resolution of Necessity must be sent to "each person... whose name and address appears on the last equalized county assessment roll" (Code of Civil Procedure §1245.235(a)). This notice was provided to the property owners on August 5, 2024. ATTACHMENTS: 1) Resolution Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Certain Real Property Located at 5856 Tassajara Road, Dublin, CA (Alameda County APN 986-28-2) and a Temporary Construction Easement for the Construction of the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 2) Exhibits A and B to Resolution - Property Description 3) Offer to Purchase and Appraisal Summary Statement, dated February 6, 2023 4) Offer to Purchase and Updated Appraisal Summary Statement, dated February 20, 2024 Page 4 of 5 4 5) Offer to Purchase and Updated Appraisal Summary Statement, dated July 1, 2024 6) Offer to Purchase dated July 24, 2024 7) Notice of Intent to Adopt Resolution of Necessity, dated August 5, 2024 Page 5 of 5 5 Attachment I RESOLUTION NO. XX — 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUSITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED AT 5856 TASSAJARA ROAD, DUBLIN, CA (ALAMEDA COUNTY APN 986-28-2) AND A TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF THE TASSAJARA ROAD IMPROVEMENTS — NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT, CIP NO. ST0119 PROPERTY OWNERS: JAVID ROSHAN AND ZARMINA MAYAR PROPERTY LOCATION: 5856 TASSAJARA ROAD, DUBLIN, CA ALAMEDA COUNTY ASSESSOR'S PARCEL NO. 986-28-2 (PORTION) WHEREAS, in order to construct the Tassajara Road Improvements — North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 ("Project"), the City of Dublin is vested with the power of eminent domain to acquire real property for the Project by virtue of Article 1, Section 19 of the Constitution of the State of California, California Code of Civil Procedure sections 1240.010-1240.050, 1240.110, and 1240.120; California Government Code sections 37350.5, 39792, and 40404; and Streets and Highways Code section 10102; and WHEREAS, it is desirable and necessary for the Project for the City to acquire in fee a portion of the property located at 5868 Tassajara Road, Dublin, CA, along with a temporary construction easement (the "Property") to widen Tassajara Road from two to four lanes between North Dublin Ranch Drive and Quarry Lane School, and also to add bike lanes, sidewalks, landscaping, stormwater treatment areas, street lighting, and relocate utilities, in order to more efficiently and safely move vehicular, pedestrian, and bicycle traffic on Tassajara Road; and WHEREAS, the Property is a portion of Alameda County Assessor's Parcel Number 986- 28-2 in Dublin, California, and is more particularly described and depicted collectively in Exhibits A and B attached hereto, which is incorporated herein by this reference; and WHEREAS, pursuant to Code of Civil Procedure section 1245.235, the City provided the owners of the Property notice of hearing to consider a resolution of necessity to acquire the Property, informing them of the date and time any interested person can be heard before the City Council on the following matters and to have the City Council consider testimony prior to deciding whether or not to adopt the proposed Resolution of Necessity to commence eminent domain proceedings: (a) Whether the public interest and necessity require the Project; (b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (c) Whether the Property sought to be acquired is necessary for the Project; and (d) Whether the City has made the offer required by Government Code section 7267.2 to the owners of record; and WHEREAS, an offer was presented to the property owners, pursuant to Government Code section 7267.1 and 7267.2, and the City made reasonable efforts to conclude negotiations in accordance with the requirements of Government Code section 7267.2; and Reso. No. XX-24, Item X.X, Adopted 08/20/2024 Page 1 of 3 6 WHEREAS, the City Council is satisfied that the requirements of the California Environmental Quality Act ("CEQA") have been met, and public notice has been given in the form provided by law as part of the various approvals for the Project, and members of the public have been given extensive opportunity for public review and comment; and WHEREAS, on March 3, 2020, the City Council adopted Resolution No. 17-20 approving a CEQA Addendum to the Initial Study/Mitigated Negative Declaration, which was previously approved in 2004; and WHEREAS, the City Council considered this matter as an item placed on its agenda at its regular meeting on August 20, 2024; and WHEREAS, the finding and conclusions made by the City Council pursuant to this Resolution are based upon substantial evidence in the entire record before the City Council, and are not based solely on the information provided in this Resolution; and WHEREAS, prior to taking action, the City Council has heard, been presented with, reviewed, and considered all of the information and data in the administrative record, including each of the Project -related documents relevant to the adoption of this Resolution, including but not limited to the prior environmental review documents for the Project, and all oral and written evidence presented to it during all meetings and hearings; and WHEREAS, the City Council has duly considered all pertinent information presented to it on the issue before it, and specifically whether: (1) the public interest and necessity require the Project; (2) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (3) whether the Property sought to be acquired is necessary for the Project; and WHEREAS, all other legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin has found, determined, and ordered as follows: 1. The City of Dublin intends to acquire through the exercise of the power of eminent domain the real property identified above as the "Property" and more particularly described and shown in Exhibits A and B, attached hereto and incorporated by reference. 2. The public use for which the Property is to be taken is for the widening of Tassajara Road from two to four lanes and adding bike lanes, sidewalks, landscaping, stormwater treatment areas, street lighting, and relocating utilities between North Dublin Ranch Drive and Quarry Lane School (the "Project"). 3. The City is authorized to acquire the Property for the Project pursuant to California Government Code sections 37350.5, 39792, and 40404, and Streets and Highways Code section 10102. 4. The City Council declares that is has found and determined each of the following: (a) The public interest and necessity require the Project. Reso. No. XX-24, Item X.X, Adopted 08/20/2024 Page 2 of 3 7 (b) The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury. (c) The Property is necessary for the Project. (d) The City has made the offer required by Government Code section 7267.2 to the owners of record of the Property as listed in the last equalized roll, and specifically to Javid Roshan and Zarmina Mayar. 5. The City of Dublin and its appropriate officers, employees, and agents are hereby authorized and empowered to: (a) Acquire, in the name of the City of Dublin, the Property by condemnation in accordance with the provisions of the Eminent Domain Law and Constitution of the State of California; (b) Prepare, file, and prosecute in the appropriate court, such proceedings in eminent domain as are necessary for the acquisition of the Property; (c) Deposit the probable amount of just compensation with the appropriate authority; and (d) Apply to a court of competent jurisdiction for an order permitting the City of Dublin to take immediate possession and use of the Property. 6. Notice and reasonable opportunity to appear and be heard on August 20, 2024, on the matters enumerated in the Code of Civil Procedure section 1240.030 has been given to each of the persons whose name and address appears on the County's last equalized roll and specifically to Javid Roshan and Zarmina Mayar. PASSED, APPROVED AND ADOPTED this 20th day of August 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-24, Item X.X, Adopted 08/20/2024 Page 3 of 3 8 Attachment 2 November 7, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: FEE ACQUISITION Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road, said point also bring the TRUE POINT OF BEGINING; Thence along the said westerly line, South 3°24'16" West, 214.04 feet; Thence along the southerly line of said lands (2013-350453), North 86°11'29" West, 9.00 feet; Thence leaving said southerly line along the following five (5) courses: 1) North 3°24'16" East, 130.50 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the northerly line of said lands; Thence along said northerly line, South 85°40'14" East, 9.00 feet to the TRUE POINT OF BEGINNING. Containing 1,972 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com Page 1 of 1 9 Ari z LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N8611'29"W 9.00' L2 N86'35'44"W 0.67' L3 S86'35'44"E 0.67' L4 NO3'24'16"E 14.51' L5 S85'40'14"E 9.00' LANDS OF JAYID ROSHAN AND 7ARMINA MAYAR DEED 2013-350453 APN= 986-28-2 LAND DAVIS THRESH No. 6868 OF OF- �1P CALIFO j N3°24'16"E 130.50' L2 N3°24'16"E 69.11' L4 L3 S3°24'16"W 214.04' FEE ACQUISITION 1,972 SQ.FT.± Z.0111011••••-- 40 0 40 I I scale 1" = 40' feet TPOB N86°35'44"W _- 33.00' N3°24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBITB FEE ACQUISITION Job No. 20190525 By KH Date 11/7/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 10 October 24, 2022 _AIWA BKF Job No: 20190525 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com LEGAL DESCRIPTION EXHIBIT A: TEMPORARY CONSTRUCTION EASEMENT Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road; Thence along the northerly line of said lands (2013-350453), North 85°42'56" West 9.00 feet, said point also bring the TRUE POINT OF BEGINING; Thence along said northerly line, North 85°37'49" West, 10.00 feet; Thence leaving said northerly line, South 3°24'16" West, 214.22 feet to the southerly line of said lands; Thence along said southerly line, South 86°09'04" East, 10.00 feet; Thence leaving said southerly line the following five (5) courses: 1) North 3°24'16" East, 130.51 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the TRUE POINT OF BEGINNING. Containing 2,095 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated Page 1 of 1 11 N 0 0 LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N85°37'49"W 10.00' L2 S86°09'04'E 10.00' L3 N86°35'44'W 0.67' L4 S86°35'44'E 0.67' L5 NO3°24'16"E 14.51' LANDS OF JAYID ROSHAN AND ZARMINA MAYAR DEED 2013-350453 APN: 986-28-2 S3°24'16"W 214.22' LAND = / DAVIS THRESH No. 6868 OF �1P CALZC. * N3°24'16"E 130.51' L3Z� N3°24'16"E 69.11' L5 TPOB 40 L4 TEMPORARY CONSTRUCTION EASEMENT N86°35'44"W 2,095 SQ.FT.± 33.00' Z� 0 40 scale 1"=40' feet N3°24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD N85°42'56"W 9.00' S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT Job No. 20190525 By KH Date 10/24/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS Attachment 3 DUBLIN CALIFORNIA THE NEW AMERICAN BACKYARD City Council 925.833.6650 City Manager 925.833.6650 Community Development 925.833.6610 Economic Development 925.833.6650 Finance/IT 925.833.6640 Fire Prevention 925.833.6606 Human Resources 925.833.6605 Parks & Community Services 925.833.6645 Police 925.833.6670 Public Works 925.833.6630 100 Civic Plaza Dublin, CA 94568 P 925.833.6650 F 925.833.6651 www.dublin.ca.gov February 6, 2023 Javid Roshan and Zarmina Mayar 5868 Tassajara Road Dublin, CA 94568 Re: Tassajara Road Improvements North Dublin Ranch Drive to Quarry Lane School Project Site Address: 5868 Tassajara Road, Dublin, CA APN: 986-0028-002-00 Dear Property Owner: In connection with the Tassajara Road Improvements — North Dublin Ranch Drive to Quarry Lane School Project (Project), this letter and accompanying paperwork contains updated material related to the City's offer to purchase property for this public project. Attached for your review are the following documents: 1. Appraisal Summary Statement and Summary of the Basis of Just Compensation 2. Summary Statement Relating to the Purchase of Real Property or an Interest Therein 3. Property Purchase Agreement 4. Grant Deed 5. Grant of Temporary Construction Easement 6. Property Acquisition Information Pamphlet Please review the documents closely. This offer in the amount of $78,600.00 is made in accordance with the requirements of Section 7267.2 of the Government Code and represents the value of the property interests proposed to be acquired as determined by an independent state licensed and certified appraiser. If there is a lessee in possession of the property and improvements are being acquired, or any other holder of an interest in the subject property, an offset statement or equivalent declaration would be required to confirm respective ownership of those improvements. Quitclaim Deeds from any lessees or other interest holders as to the area being acquired whether or not improved may also be necessary. We are prepared to meet and discuss the proposed acquisition with you at your convenience. The City's consultant assigned to assist you is Rosalyn Zeigler and she can be reached at (925) 691-2872. The City will assist in processing all documents, including providing notary public services, and escrow. Expenses incidental to transfer of title to the City are paid by the City and these are detailed in the Purchase Agreement. Sincerely, Andrew Russell, PE Public Works Director Enclosures cc: William Wahbeh, PE, Associate Civil Engineer, City of Dublin Laurie Sucgang, PE, City Engineer, City of Dublin Michael Boitnott, Capital Improvement Program Manager, City of Dublin Rosalyn Zeigler, AR/WS 13 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 BASIC PROPERTY DATA OWNER: Javid Roshan and Zarmina Mayar PROJECT: Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School PROPERTY ADDRESS: 5868 Tassajara Road, Dublin, California DATE PROPERTY ACQUIRED BY OWNER: Over five (5) years ZONING: PD RESO. 104-94 (Planned Development) GENERAL PLAN: Stream Corridor; Medium Density Residential PRESENT USE: Owner -occupied Residential HIGHEST AND BEST USE D: As Vacant: Medium density residential development at the highest density allowed and approved by the City As Vacant (Porterville Premise): Single-family residential lot As Improved: Continued use of the existing improvements with redevelopment potential. TOTAL PROPERTY AREA: 1 Acre or 43,740 square feet (sf) PROPERTY RIGHTS PROPOSED TO BE ACQUIRED: Partial Fee Simple: 1,972 sf. Temporary Construction Easement: 2,095 sf. DATE OF THIS VALUATION: March 18, 2022 BASIS OF VALUATION The just compensation being offered by the City of Dublin (City) is not less than the City's approved appraisal of the fair market value of the property. The fair market value of the property proposed for acquisition is based on a fair market value appraisal prepared according to accepted appraisal procedures. Where appropriate, sales of comparable properties and income data are utilized. Principal transactions of comparable properties, where evaluated, are included herein on Page 8. The appraiser has given full and careful consideration to the highest and best use for development of the property and to all features inherent in the property, including, but not limited to, zoning, development potential and the income the property is capable of producing. California Code of Civil Procedure Section 1263.320 defines fair market value as follows: a.) b.) The fair market value of the property taken is the highest price as the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Page 1 of 11 14 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 The market value for the property proposed to be acquired by the City is based upon Code of Civil Procedure Section 1263.320a as defined above. Value of the Entire Property: $ 475,000 (on a lot basis) THE FOLLOWING INFORMATION IS BASED ON THE PARTIAL ACQUISITION ONLY Value of the Property Rights proposed to be acquired: A. Fee Simple Land and included Site Improvements: $ 70,991.00 Property Rights Appraised Land Area Estimated Estimated (Sq.Ft.) Value / Sq.Ft. Value Partial Fee Simple Acquisiton Total Proposed Fee Simple Land Acquisition: 1,972 x $10.86 = $21,416 $21,416 Site Improvements Replacement Sq. Ft. / Ln. Ft. Cost New Less Estimated / Units ($/Unit) Depreciation = Value Wooden fencing 240 x $50.00 - 25% = $9,000 Wooden gate 14 x $50.00 - 25% = $525 Automatic gate 1 x $3,500.00 - 25% = $2,625 Brick pavers 208 x $21.00 - 25% = $3,276 Aggregate paving 48 x $15.00 - 25% = $540 Tower lights 2 x $3,000.00 - 25% = $4,500 Chicken coop 1 x $1,000.00 - 0% = $1,000 Landscaping 1,282 x $17.00 - 0% = $21,794 Water fountain 1 x $6,000.00 - 0% = $6,000 Pergola 15 x $28.00 - 25% = $315 Total Site Improvement Acquisitions: $49,575 B. Improvements Pertaining to the Realty OO : C. Permanent Easement: D. Temporary Construction Easement $ N/A $ N/A $ 2,275.00 Land Area Estimated Rental Rate / Duration Estimated Property Rights Appraised (Sq. Ft.) Value / Sq. Ft. Month (Years) Value Temporary Construction Easement 2,095 x $10.86 x 10% 1 _ $2,275 Total Proposed Temporary Construction Easement Acquisition: $2,275 $ 73,266.00 (Sum of items A thru D) Severance Damages®: In addition to determine the market value of the parcel sought to be acquired severance damages were considered. Severance damages are determined based on whether or not the remainder would be diminished in value by reason of the proposed acquisition and/or by the construction of the improvement in the manner proposed. Some severance damage may be mitigated or entirely eliminated by estimating the cost to cure the damage. Where severance damages are found, offsetting benefits are determined. (See Page 11 — Benefits Page 2 of 11 15 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 defined.) Under California law, benefits can only be offset against severance damages. If no severance damages are found, there is no application of offsetting benefits. No severance damages were found for the following reasons: Cost of curing the severance has been determined to be the best measure of severance for the proposed acquisition. The cost to cure is estimated to be $5,262.00 and its breakdown is as follows on the next page: E. Cost to Cure Damages: Site Improvements $ 5,262.00 Replacement Sq. Ft. / Ln. Ft. Cost New Less Amount Estimated / Units ($/Unit) In Improvements Value Wooden fencing 217 x $50.00 - $8,138* = $2,712 Wooden gate 14 x $50.00 - $525 = $175 Automatic gate 1 x $3,500.00 - $2,625 = $875 Tower lights 2 x $3,000.00 - $4,500 = $1,500 Total Damages (Cost to Cure): $5,262 *Represents the value concluded in the improvement section for the amount of fencing being replaced as a cost to cure on a linear foot basis F. Incurable Damages: Total Damages: Benefits®: JUST COMPENSATION FOR ACQUISITION: $ N/A $ 5,262.00 (Sum of items E & F) $ Not Quantified $ 78,528.00 Rounded to: $ 78,600.00 Page 3 of 11 16 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 THE FOLLOWING INFORMATION IS BASED ON THE ENTIRE SUBJECT PARCEL The Sales Comparison approach is based on the consideration of comparable land sales. Indicated value by Sales Comparison Approach: See page 8 for principal transactions $ 475,000 or $10.86 per sf The income and cost approaches are not considered applicable to this assignment since these approaches do not typically apply to the valuation of land. SUMMARY OF THE BASIS FOR JUST COMPENSATION Narrative summary of the valuation process supporting compensation: Project Description The project involves a redesign of portions of the future widening of Tassajara Road within the proposed project limits. Much of the roadway has already been developed as part of the Eastern Dublin Specific Plan even before the Plan was adopted. The current project proposed a reduction in the number of travel lanes for currently unimproved and improved portions of Tassajara Road from six to four lanes. Roadway reductions would be implemented as part of road improvement projects undertaken by the City as part of the Capital Improvement Project. Two segments of existing Tassajara Road are proposed for improvements to four travel lanes. The City proposes to undertake the initial phase of the road widening improvements, identified as Segment 1, in the immediate future. The northern segment (Segment 2) extends from north of Palisades Drive-Kylemore Entry intersection on the south to the northern city limit. The southern segment of the road (Segment 1) stretches from a point located north of North Dublin Ranch Drive to a point just south of the southern boundary of Quarry Lane School. Property Description Larger Parcel There are three criteria, or tests, for determining the larger parcel. These are: unity of ownership; contiguity; and unity of use. Abutting parcels to the subject are under different ownership. It has been concluded that assessor's parcel number 986-28-2 comprises a single economic unit and is the larger parcel or subject property. Site Description The subject property is located on the west side of Tassajara Road in the City of Dublin. The property has approximately 215 linear feet of frontage along Tassajara Road. Near the subject property, Tassajara Road is a two-lane, two -directional arterial roadway that traverses in a north -south direction between Fallon Road and Interstate-580. The area near the subject property is comprised primarily of single family residential, rural residential, agricultural and public properties. The subject site appears to be currently used for residential purposes. Further south toward Dublin Boulevard and Interstate 580 are a variety of uses including single family and multifamily residential uses, retail centers, restaurants, offices, medical uses, and automotive dealerships. The subject property is just northeast of the Alameda County Santa Rita Jail. The Alameda County Assessor identifies the subject property as Assessor's Parcel Number 986-0028-002-00, as previously described. According to public records, the site is 1 acre or 43,740 square feet in size. The subject is generally level in topography, except for the area within the creek. Surrounding areas are rolling and hilly in topography. The subject site is rectangular in shape with the Tassajara Creek crossing the rear of the property. Page 4 of 11 17 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Improvement Description The subject property appears to be improved with a single-family dwelling and various ancillary structures. However, the buildings located on the subject property are not impacted by the proposed acquisition, so an interior inspection of the structures were not performed, nor were they measured. The improvements are assumed to be adequately served by an on -site well and septic system. Site improvements located within the proposed acquisition area include portions of wooden fencing, a wooden gate, an automatic gate, brick pavers, aggregate paving, tower lights, a chicken coop, landscaping, water fountain, a pergola, and a mailbox. Personal Property Description A detailed inventory of personal property on the subject property was not taken by the Appraiser. No interior inspection was made of the structures located on the subject property, since these improvements were not located in the proposed acquisition areas. Therefore, items of personal property within the structures are unknown, but are assumed to be typical of the market for similar improvements. Various miscellaneous items were observed within the proposed acquisition areas at the time of inspection. Zoning and Highest and Best Use: The zoning category for the subject is PD RESO. 104-94 (Planned Development). According to the Dublin Municipal Code, the purpose of the Planned Development District is to: A. Establish a Planned Development Zoning District through which one or more properties are planned as a unit with development standards tailored to the site. B. Provide maximum flexibility and diversification in the development of property. C. Maintain consistency with, and implement the provisions of, the Dublin General Plan and applicable Specific Plans. D. Protect the integrity and character of both residential and non-residential areas of the City. E. Encourage efficient use of land for preservation of sensitive environmental areas such as open space areas and topographic features. F. Provide for effective development of public facilities and services for the site. G. Encourage use of design features to achieve development that is compatible with the area. H. Allow for creative and imaginative design that will promote amenities beyond those expected in conventional developments. Permitted uses. No use other than an existing use is permitted in a Planned Development Zoning District except in accordance with a Development Plan adopted pursuant to the Planned Development Zoning District chapter of the municipal code. PD Resolution No. 104-94 appears to indicate a PD - Single Family zoning district (0.9-6.0 dwelling units per acre), which is established to: a) reserve appropriately located areas for family living at reasonable population densities consistent with sound standards of public health and safety; b) ensure adequate light, air, privacy and open space for each dwelling; c) provide space for semi-public facilities needed to complement urban residential areas and for institutions that require a residential environment; and d) accommodate single family housing, including a wide range of units from small -lot and zero -lot line units to large -estate units. The zoning designation appears to be outdated and not to be consistent with the General Plan and Specific land use designations, which are designated for more intense uses. According to the City's Community Development Page 5 of 11 18 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Department, a new development would typically have a new planned development plan put in place, which would establish development standards and regulations. The General Plan land use designation for the subject is a mix of Stream Corridor; Medium Density Residential. According to the General Plan Land Use Map, the Stream Corridor designation is categorized under the Public/Semi-Public/Open Space classification. As stated in the General Plan, the intent of the Open Space "designation is to ensure the protection of those areas with special significance such as areas with slopes over 30 percent; stream and drainage way protection corridors; woodlands; and visually -sensitive ridgelands. The City may allow only open space uses on this land. Equestrian, riding, and hiking trails will be encouraged. Other types of recreational uses, agriculture and grazing may be permitted where appropriate." The Conservation Element of the General Plan states guiding policies for stream corridors and riparian vegetation. 1. Protect riparian vegetation as a protective buffer for stream quality and for its value as a habitat and aesthetic resource 2. Promote access to stream corridors for passive recreational use and to allow stream maintenance and improvements as necessary, while respecting the privacy of owners of property abutting stream corridors. According to the City's Engineering Department, pursuant to Section 7.74.110 Watercourse protection, setbacks from a watercourse are thirty feet (30') of the centerline of any creek or twenty feet (20') of the top of a bank. Additionally, the City's Community Development Department indicated that these setbacks would likely be the minimum, but development requirements may be greater. As stated in the General Plan, the Residential: Medium Density "designation allows attached residential units and typically includes detached, zero -lot line, duplex, townhouse, and garden apartment development. A second unit (either attached or detached is also permitted on individual parcels.) The density range for the medium density residential designation is 6.1 to 14.0 units per gross residential acre. Additionally, the subject property is within the Eastern Dublin Specific Plan with a mix of land use designations of Open Space and Medium Density Residential. As stated in the Specific Plan, the Open Space designation "protects areas with important and/or sensitive resources and areas with natural hazards from development. Open Space lands include: areas dedicated to the City as open space; areas with slopes predominantly over 30%; stream and drainage way protection corridors; woodlands; visually -sensitive ridgelands; and grazing lands. In general, open space lands are to be preserved with minimal development. Privately held agricultural land can be used for agricultural production and grazing. Structures related to these agricultural activities will be permitted. In sensitive resource areas and areas set aside to protect public health and safety, uses will be limited to passive recreation (i.e., walking, hiking, etc.). Development in these areas will be limited to trail improvements. As stated in the Specific Plan, the Residential: Medium Density "provides for a mix of single family detached and attached units and multi -family units. The density range allows for detached, zero -lot line, duplex, townhouse, and garden apartment development. It is intended that within areas with this designation, that dwelling unit types and densities would be varied to accommodate a range of housing needs. Assumed household size is 2.0 persons per unit." The density range for the medium density residential designation is 6.1 to 14.0 units per gross residential acre. As If Vacant In the case of the subject property, the legally permissible uses are determined by the City of Dublin, which has zoning jurisdiction over the subject. As indicated earlier, the subject property is zoned PD RESO. 104-94 (Planned Development), which does not permit uses other than an existing use except when a Development Plan is adopted. PD Resolution No. 104-94 appears to indicate a PD - Single Family zoning district (0.9-6.0 Page 6 of 11 19 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 dwelling units per acre). The zoning designation appears to be outdated and not to be consistent with the General Plan and Specific land use designations, which are designated for more intense uses. The General Plan land use designation for the subject is a mix of Stream Corridor and Medium Density Residential. The Eastern Dublin Specific Plan designates land uses for the subject as a mix of Open Space and Medium Density Residential. The subject property is approximately 1 acre or 43,740 square feet. The subject is generally level in topography, except for the area within the creek. The subject site is rectangular in shape with the Tassajara Creek crossing the rear of the property. The market for residential properties over the past several years, including vacant residential land and rural residential sites, has improved considerably. The highest and best use of the subject property, as if vacant, would be for medium density residential development at the highest density allowed and approved by the City. As Improved The subject property appears to be improved with a single-family dwelling and various ancillary structures. The subject property has a mix of Stream Corridor/Open Space and Medium Density Residential land use designations according to General Plan and Eastern Dublin Specific Plan. The western portion of the property is designated Stream Corridor/Open Space primarily where the Tassajara Creek crosses the property and a portion of the level area of the site. The eastern portion is designated Medium Density Residential. The highest and best use of the subject property, as improved, is for the continued use of the existing improvements with redevelopment potential in the future once land value exceeds the value at the current improved use. Dedication Requirements In addition to state statutes, court decisions govern the appraisal of land required for public improvements. Two cases, City of Porterville v. Young and City of Fresno v. Cloud recognize the power of local jurisdictions to require the dedication of land as a condition of obtaining development approval and are a consideration in evaluating the highest and best use at which the property is appraised. The City of Dublin currently has a dedication policy. According to the City's Land Development Department, subject property would be subject to dedication requirements per the below references: • Per DMC section 7.72.020, for building permits and various planning entitlements including Condition Use Permits, Site Development Review, Variance, and Planned Development, if the proposed project will result in an increase in traffic generation or adversely affect public safety then dedication and improvements are required. • Per DMC section 7.72.050, exceptions, the provisions of Section 7.72.020 shall not be applicable to a building permit issued for construction, reconstruction, or remodeling of a single-family or two (2) family dwelling, unless such reconstruction or remodeling converts such dwelling or portion thereof to any other use. • Per DMC section 9.08.090 (B) and 9.08.100 (B), for subdivisions the City can condition right of way dedications. It is understood that the subject property would be subject to dedication requirements if a permit to develop were applied for by the owner. The owner would be required to dedicate land for the roadway of Tassajara Road. Where a portion of property would typically be required to be dedicated for a public use as a condition of obtaining development approval for a higher or more profitable use, that portion of the property being acquired for the same public use prior to the imposition of the dedication requirement is appraised at the use that is permissible without triggering a dedication requirement. Therefore, the subject underlying land is appraised consistent with its current residential use, as a single-family residential lot. Page 7 of 11 20 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Valuation Approach Sales Comparison Approach Since the proposed acquisitions will include only land and site improvements, only the value of the land has been estimated, by applying the Sales Comparison Approach. The prices paid for land with similar development potential as the subject provide a basis for estimating the value of the subject by comparison. The concluded unit value has been used to value the proposed acquisitions. A modified cost approach was used to value site improvements that will be affected as a result of the project. The income approach was not utilized because sellers, buyers, and our peers in this market rarely rely on this approach when offering, purchasing, or valuing land similar to the subject underlying land. Research was conducted to find comparable land sales in the subject's market area. The comparable sales were researched, inspected, and verified to the extent possible. Those that could not be confirmed with a party to the transaction were verified through public records, subscription services and other sources. The following table displays a summary of the selected sales reflecting the actions of buyers and sellers in the marketplace and judged to be most representative of current market conditions for the subject property. Sales Data Summary Table Residential Lot Sales Data No. Address City, State APN Type of Transaction COE Parcel Size (Acres) Parcel Size (Sq. Ft.) Zoning Sales Price General Plan RL-01 6590 Sunnyslope Ave R1-L-BE-CSU-RV(Single Family Castro Valley, CA(uninc.) Sale 1.28 Residential) $631,000 85A-1600-4-3 01/18/22 55,757 CVGP-RM (Castro Valley General Plan - Resource Management) RL-02 5123 Jensen Rd Castro Valley, CA(uninc.) Sale 0.26 PD-1489 (Planned Development) $368,000 85-5475-3 08/05/21 11,520 CVGP-RR (Castro Valley General Plan - Rural Residenital) RL-03 Jensen Rd Castro Valley, CA(uninc.) Sale 1.65 PD-1489 (Planned Development) $640,000 85A-350-2-8 06/23/21 71,874 CVGP-RR (Castro Valley General Plan - Rural Residenital) RL-04 5427 Jensen Rd Castro Valley, CA(uninc.) Sale 3.61 PD-1876 (Planned Development) $634,000 85A-6436-6 05/05/21 157,171 Rural Density Residential RL-05 5427 Jensen Rd Castro Valley, CA(uninc.) Sale 0.92 PD-1876 (Planned Development) $475,000 85A-6436-5 05/05/21 40,168 Rural Density Residential Subject 5868 Tassajara Rd DOV PD RESO. 104-94 (Planned Dublin, CA 03/18/22 1.00 Development) N/A 986-28-2 43,740 Stream Corridor; Medium Density Residential Under Premise of Porterville: Single -Family Residential Lot Page 8 of 11 21 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Land Value Conclusion (Unencumbered) The five comparable land sales range from an unadjusted sales price of $368,000 to $640,000. After making adjustments for property characteristics and market factors, the comparable sales indicate value range for the subject above $368,000, below $631,000 and near $475,000, indicated by Comparables RL-02, RL-01 and RL-05 respectively. Comparable RL-01 is the most recent sale, is smaller than the subject property, but sold with entitlements. Comparable RL-02 required removal of an old foundation, sold in inferior market conditions, is the smallest comparable sale, had inferior site utility, but is located judged to be in a superior location and sold with entitlements. Comparable RL-05 sold in inferior market conditions and had inferior site utility, but is judged to be in a superior location. Based on the foregoing data, while considering the definition of market value, the land of the subject property is judged to warrant a value toward the upper end of the comparable sales or $475,000 on a lot basis, as of the date of value. Fee Simple Acquisition The proposed partial fee simple acquisition is located along the eastern portion of the subject property that fronts Tassajara Road. The proposed acquisition is a long narrow strip consisting of 1,972 square feet, approximately 9 feet in width and 214 feet in length along the frontage of the property. Temporary Construction Easements The proposed temporary construction easement is located along the eastern portion of the subject property near Tassajara Road. The proposed easement is situated adjacent to the proposed partial fee simple acquisition to the west. The proposed acquisition is a long narrow strip consisting of 2,095 square feet, approximately 10 feet in width and 214 feet in length. The proposed temporary construction easement is needed for a period of one year. An easement is defined as an interest in the land of another person or entity, which entitles the owner of such an interest to a limited use, or enjoyment of the land area so encumbered. It can either be affirmative by allowing some act or actions on the land, or negative by precluding doing certain things with the land so encumbered. The easement is an interest in real property and is considered non -possessory. The holder of an easement has only such control of the land as is necessary for the purpose of using the easement. Others using the land may not interfere with the use of the easement. It is commonly understood that the fee interest in land is a 100% ownership. Because land can be divided into various rights, a concept of a "Bundle of Rights" exists. The proposed easement requires only specific rights, which are a portion of the rights. The easement deed defines those rights. The fee ownership will remain the same. The imposition of an easement requires that the Appraiser analyze the effect on the land and any existing or proposed improvements. The valuation of the rights to be acquired and the limitations imposed on the grantor's use of the easement area have been analyzed to determine a reasonable allocation for the rights acquired and those remaining to the property owner/grantor. This division or allocation may be expressed as a percentage of the fee simple interest. The valuation of a temporary use of a portion of a property is based on an estimated reasonable rental rate for the land and/or a reasonably expected rate of return for an alternative short-term investment for a specified period of time. Upon expiration of the temporary construction easement, all previous land rights and use of the land revert back to the owner. Residential land does not typically lease. Leases for other property types are predominately for much larger and typical -shaped areas, and often for longer terms. Shorter term leases, or leases of smaller areas (such as for cell towers or advertising signs), often command a higher rate of return. Leases of areas similar to the project temporary construction easement would be expected to command a relatively high rate of return. A reasonable rate of return on the value of land is determined to be 10% annually. Page 9 of 11 22 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Site Improvements in Acquisition Areas Site improvements located in the proposed acquisition areas include portions of wooden fencing, a wooden gate, an automatic gate, brick pavers, aggregate paving, tower lights, a chicken coop, landscaping, water fountain, a pergola, and a mailbox. According to the construction plans provided by the Client, the mailbox is planned to be relocated as part of the construction of the project. Therefore, an estimate has not been included for the mailbox. The contributory value of the site improvements located in the proposed acquisition areas was considered and it has been concluded that the depreciated replacement cost is equal to market value. Marshall Valuation Service (MVS), a construction cost service widely in use by appraisers, and online resources were utilized to estimate the replacement cost. Delivery and installation were included in the costs where appropriate. Damages & Benefits Damages generally occur when the acquisition of a portion of a property results in the remaining property having less value after the acquisition and construction of the project in the manner proposed than it had as part of the original property prior to the taking. Stated another way, after the acquisition of a portion of the property and construction of the project in the manner proposed, the value of the remaining property is less than it was as part of the entire property before the taking. Cost to Cure As a result of the project, site improvements will be removed, including wooden fencing, a wooden gate and an automatic gate used to border and secure the subject property. Additionally, two tower lights that illuminate the subject property would be removed. It has been judged that there would be a diminution in value to the remainder by removing these site improvements. The cost to cure the damage as a result of removing these site improvements is the replacement cost less the depreciated value previously indicated and accounted for. After the project, the subject property retains a similar overall utility in comparison with the before condition. Therefore, no permanent damages are judged to accrue to the remainder as a result of the proposed acquisitions required for the project or from the construction of the project as proposed, once the preceding items have been cured. Benefits Since no permanent damages accrue as a result of the proposed acquisitions, benefits have not been quantified. Construction Contract Work (CCW) The Contractor will notify the owner by written notification seven (7 calendar days) and 24 hours in advance of beginning any work at the property. Prior to construction, the Contractor will be responsible to first install (and continually maintain) temporary 6-foot chain link fence at the temporary construction easement (TCE) limit. Once the temporary chain link fence is installed, the Contractor will remove the Property Owner's existing wood fence, two tower lights, automatic metal gates, wood animal pen, a portion of the rock landscape wall, driveway pavers, and mail box. The Contractor shall place the mailbox at a temporary location so that access to the mailbox will not be impaired. The Contractor will maintain access to the property during construction and would coordinate with the property owner (and approved by the City) if any access to the property is temporarily closed. The Contractor will perform general clearing, grubbing and grading activities within the TCE and fee acquisition. The Contractor will then construct curb, gutter, sidewalk, retaining curb and landscaping along the subject street frontage. The Contractor will also construct new asphalt concrete driveway approaches from Tassajara Road to the TCE limits to conform to both of the property owner's existing driveway openings. The Contractor will place the mailbox to the permanent location as designated by the Engineer. The Property Owner will be responsible to install fence, automatic metal gates and light towers. Once the permanent fence and gates are installed, the Contractor will remove the temporary chain link fence. PG&E will relocate the service pole and service connection behind the proposed sidewalk. Page 10 of 11 23 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 DEFINITIONS* © Highest and Best Use Analysis Highest and best use is defined as the reasonably probable use of land which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. O Improvements Pertaining to the Realty (if any) Machinery, Fixtures and Equipment identified here were separately valued as improvements pertaining to the realty. Prior to escrow close, owner and lessee must agree (and confirm in writing) as to ownership of said improvements pertaining to the realty. OO Severance Damages (Applies to Proposed Partial Acquisitions) The appraisal also determines whether or not the City's proposed acquisition results in damages to the remaining property. The basis for this determination is whether or not the value of the remainder is diminished by reason of the anticipated acquisition of the property interest being acquired and the construction of the improvement in the manner proposed. Severance Damages may be mitigated or entirely eliminated by estimating the cost to cure the damages. (Cost to Cure) ® Benefits (Applies to Proposed Partial Acquisitions) Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is acquired in the manner proposed. *These definitions are general and provided to assist in the discussion related to the proposed acquisition. They are not intended to be legal definitions. An owner -occupant of a residential property containing four (4) units or less has a right to review the appraisal on which the written offer to purchase is based. Appraisal Summary and Offer of Just Compensation Authorized and Approved for Presentation: City of Dublin LdeBy: i Andrew Russell, PE Title: Public Works Director Date: February 6, 2023 Page 11of11 24 CITY OF DUBLIN SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN The City of Dublin (City) is proposing to purchase real property or interests therein in connection with the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project ("Project"). Your property located at 5868 Tassajara Road, Dublin, California, is within the project area and identified by your County Assessor as Parcel Number 986-0028-002-00. Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and the California Relocation Assistance and Real Property Acquisition Guidelines require that you, as an owner from whom a public agency proposes to purchase real property or an interest therein or as a tenant owning improvements on the property must be provided with a summary of the appraisal of the real property or interest therein, as well as the following information: 1. You are entitled to receive full payment prior to vacating the real property proposed to be purchased unless you waive such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes allocable to any period following the passage of title or possession. 2. The City will offer to purchase any remnant(s) considered by the City to be an uneconomic unit(s) which is/are owned by you or, if applicable, occupied by you as a tenant and which is/are contiguous to the land being conveyed. 3. All buildings, structures and other improvements affixed to the land described in the referenced document(s) covering this transaction, and which are owned by you as owners or tenants of the real property proposed to be acquired will also be conveyed unless other disposition of these improvements has been made. The real property interests proposed to be acquired are: 1,972 square feet (sf) Fee Simple and 2,095 sf Temporary Construction Easement as described in the Property Purchase Agreement and in the Appraisal Summary Statement and Statement of the Basis of Just Compensation delivered contemporaneously with this document. 4. The market value of the property proposed to be acquired is based upon a market value appraisal which is summarized on the attached Appraisal Summary Statement and such amount: A. Represents the full amount of the appraisal of just compensation for the property proposed to be purchased; B. Is not less than the approved appraisal of the fair -market value of the property as improved; C. Disregards any decrease or increase in the fair -market value of the real property proposed to be acquired prior to the date of valuation which might be caused by the Project itself or by the likelihood that the property would be acquired for or in connection with the Project, other than that due to physical deterioration within the reasonable control of the owner or occupant; and D. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the City. 5. If you are the owner of a business conducted on a property proposed to be acquired, or conducted on the remaining property which will be affected by the purchase of the required property, you may be entitled to compensation for the loss of goodwill. Entitlement is contingent upon the owner and/or lessee's ability to prove such loss in accordance with the provisions of Sections 1263.510 and 1263.520 of the Code of Civil Procedure. 6. If you ultimately elect to reject the City's offer for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 7. Pursuant to California Code of Civil Procedure Section 1263.025, should you elect to obtain an independent appraisal, City will pay for the actual reasonable costs up to $5,000 subject to the following conditions: 25 CITY OF DUBLIN SUMMARY STATEMENT RELATING TO THE PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN A. You, not City, must order the appraisal. Should you enter into a contract with the selected appraiser, City will not be a party to the contract. B. The selected appraiser must be licensed with the California Bureau of Real Estate Appraisers (BREA). C. Appraisal cost reimbursed requests must be made in writing, and submitted to the City of Dublin at 100 Civic Plaza, Dublin, CA, 94568 within 90 days following completion of the appraisal. Copies of the contract (if a contract was made), appraisal report or summary statement of valuation data, and invoice for completed work by the appraiser must be provided to City concurrent with submission of the appraisal cost reimbursement request. The costs must be reasonable and justifiable. 8. Pursuant to California Code of Civil Procedure Section 1263.615, the City is unable to offer to lease to you the Subject Property for your continued use after the City acquires the Subject Property, because the City will begin the Project within two years of the acquisition. 26 GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS APN: 986-0028-002-00 Project Name: Tassajara Road improvements - North Dublin Ranch Drive to Quarry Lane School CITY OF DUBLIN PROPERTY PURCHASE AGREEMENT In consideration of the terms and conditions set forth in this Property Purchase Agreement (the "Agreement") JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS ("GRANTOR") shall deposit in an escrow designated by the CITY OF DUBLIN, a Municipal Corporation ("CITY"), a Grant Deed suitable for recordation and conveying from GRANTOR to CITY fee simple title as indicated in Attachment 1, incorporated herein by this reference; and a Temporary Construction Deed suitable for recordation and conveying from GRANTOR to CITY any and all rights as indicated in Attachment 2, incorporated herein by this reference. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as follows: 1. Entire Agreement The parties have herein set forth the whole of their agreement. The performance of this Agreement constitutes the entire consideration for the Grant Deed and Temporary Construction Easement and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed public improvement. 2. CITY shall A. Pay the sum of SEVENTY-EIGHT THOUSAND SIX HUNDRED AND NO/100 DOLLARS ($78,600.00) for the property identified in Exhibits attached hereto and made a part hereof, to the following title company: First American Title Company, for the account of the GRANTOR, Escrow No. 5026900-6247215 conditioned upon the property vesting in CITY free and clear of all liens, leases, encumbrances, recorded or unrecorded, assessments and taxes except any exceptions to title which are acceptable to CITY as said exceptions are identified in the title report relating to the subject property issued by the above Title Company bearing the escrow number shown in clause 2A and dated May 21, 2020, and updates thereof. Clearing of any title exceptions not acceptable to CITY is the responsibility of GRANTOR. B. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction. C. Have the authority to deduct and pay from the amount shown in clause 2A above any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non -delinquent assessments, which may have become a lien at the close of escrow. Taxes for the tax year in which this escrow closes shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code if unpaid at the close of escrow. Close of escrow for this transaction shall be contingent upon the title company receiving deeds of reconveyance from any deed of trust or mortgage holder trustees and beneficiaries. Page 1 27 GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS APN: 986-0028-002-00 Project Name: Tassajara Road improvements - North Dublin Ranch Drive to Quarry Lane School D. The consideration set forth in clause 2A herein shall include payment in full for the following improvements: All buildings, structures and any other improvements affixed to the land which id owned by you as owner or tenant of the real property proposed to be acquired will also be conveyed unless other disposition of these improvements has been made. The real property interests proposed to be acquired are: Fee Simple and a Temporary Construction Easement as described in the attached exhibits. 3. Temporary Construction Easement A. GRANTOR agrees for the considerations herein to grant said easement to CITY and to permit and allow CITY, its agents and/or contractors to enter upon GRANTOR'S Property on a temporary basis. Said temporary permit shall be for the construction of the Project for a twelve (12) month period. Temporary Construction Easement period is to commence with first entry on the Temporary Construction Easement ("TCE") area by CITY'S agents or contractors. At least 48 hours advanced written notice will be given before any entry on the TCE. The amount set forth in clause 2A herein included full payment for TCE. This permission becomes valid upon acceptance of this Agreement by City. B. CITY agrees to promptly restore any damage to the construction easement area and/or the parcels upon which the construction easement area is situated (and the improvements located thereon) caused by CITY'S entry upon the construction easement area or work performed in connection with the Project. C. In the event GRANTOR sells, conveys or assigns any property interest, encumbered by the Agreement prior to CITY exercising the rights granted herein, GRANTOR shall notify the successor or assignor of the rights and obligations of both parties as included herein. D. In case of unpredictable delays in construction, upon written notification by CITY, the terms of the TCE may be extended by an amendment to this Agreement. GRANTOR shall be compensated based on the fair market value at the time of the extension. Payment shall be made to the GRANTOR for the extension prior to the expiration of the original TCE period. 4. Indemnification CITY shall indemnify, defend, and hold harmless GRANTOR from and against all claims, causes of action, damages, liabilities, cost and expenses (including reasonable attorney fees and cost), arising from or related to CITY's use of the TCE area and exercise of CITY's right under this agreement. The obligations of CITY under this paragraph shall not be applicable to the extent of GRANTOR'S negligence or willful misconduct. 5. Miscellaneous Realty Items Acquired It is understood and agreed by and between the parties hereto that payment in clause 2A includes, but is not limited to, payment for 240 linear feet (If) wooden fencing, 14 If wooden gate, one automatic gate, 208 brick pavers, 48 square feet (sf) aggregate paving, two tower lights, one chicken coop, 1,282 sf landscaping, one water fountain, and one pergola, which are considered to be part of the realty and are being acquired by the CITY in this transaction. Page 2 28 GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS APN: 986-0028-002-00 Project Name: Tassajara Road improvements - North Dublin Ranch Drive to Quarry Lane School 6. Permission to Enter GRANTOR'S Land for Construction Purposes All work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the CITY or its authorized agent, shall be left in as good condition as found. 7. Payment of Deed of Trust If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for payment of any demand under authority of said mortgage or deed of trust out of GRANTOR'S proceeds. Such amounts may include, but not be limited to, payments of unpaid principal and interest. 8. Cost to Cure Damages It is understood and agreed by and between the parties hereto that included in the amount payable under Clause 2A above is payment in full to compensate GRANTOR for the expenses of the following work: install 217 If wooden fencing, 14 If wooden gate, one automatic gate, and two tower lights. 9. Escrow Instructions GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Agreement on behalf of both parties. 10. Hazardous Wastes The acquisition price of the property being acquired in this transaction reflects the fair market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste which requires mitigation under Federal or State law, the CITY may elect to recover its clean-up costs from those who caused or contributed to the contamination. GRANTOR shall further indemnify, defend, save and hold harmless the CITY from any and all claims, costs and liability, including reasonable attorney's fees, for any damage, injury or death to persons or property arising directly or indirectly from or connected with the existence of toxic or hazardous material on the property, save and except claims, costs or litigation arising through the sole willful misconduct of the CITY, its agents or employees. 11. Right of Possession and Use It is agreed and confirmed by the parties hereto that, notwithstanding the other provisions in this Agreement, the right of possession and use of the subject property by CITY, and/or its designees or assignees, including the right to remove and dispose of improvements, and install and connect utilities, shall commence on the date the amount of as specified in clause 2A herein are deposited into the escrow controlling transaction, and that the amount shown in clause 2A herein includes, but is not limited to, full payment for such possession and use, including interest and damages if any, from said date. Page 3 29 GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS APN: 986-0028-002-00 Project Name: Tassajara Road improvements - North Dublin Ranch Drive to Quarry Lane School 12. Binding on Successors and Assigns This Agreement shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties to this Agreement. 13. No Leases GRANTOR warrants that there are no oral or written leases on all or any portion of the property exceeding a period of one month, and GRANTOR further agrees to hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of GRANTOR for a period exceeding one month. 14. Quitclaim Deeds If any lessee interests are identified in clause 13 herein, as a condition precedent to approval of this Agreement by the CITY Council, Quitclaim Deeds or similar releases sufficient to clear any possessory rights from the subject property will be required. GRANTOR agrees to assist CITY in securing said Quitclaim Deeds or releases. 15. Approval of CITY GRANTOR understands that this Agreement is subject to the approval of CITY. Further, that this Agreement shall have no force or effect unless and until said CITY approval has been obtained. 16. Authority to Sign GRANTOR and the signatories represent and warrant that the signatories to this Agreement are authorized to enter into this Agreement to convey real property and that no other authorizations are required to implement this Agreement on behalf of GRANTOR. 17. Counterparts Signature This Agreement may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one agreement. 18. Specific Performance In the event of a breach of this Agreement by GRANTOR, CITY shall be entitled to pursue any and all remedies available to it against GRANTOR, including, without limitation, claims for all damages attributable to GRANTOR's breach, and specific performance of this Agreement. Page 4 30 GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS APN: 986-0028-002-00 Project Name: Tassajara Road improvements - North Dublin Ranch Drive to Quarry Lane School (As used above, the term, "GRANTOR" shall include the plural as well as the singular number) IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first written herein below. CITY OF DUBLIN A MUNICIPAL CORPORATION: By: Title: Date: GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS By: Javid Roshan Date : By: Date : Zarmina Mayar NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED Page 5 31 RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568-0233 APN: 986-0028-002-00 (portion of) Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned Grantor hereby declares this instrument to be EXEMPT from Recording Fees (Govt. Code § 27383 and § 6103) and Documentary Transfer Tax (Rev. & Tax Code § 11922). GRANT DEED JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS do grant unto the CITY OF DUBLIN, a municipal corporation and governmental agency organized under the laws of the State of California, all right, title and interest in and to all that real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Dated: ATTACH LEGAL DESCRIPTION AND PLAT AS EXHIBITS "A"AND "B" By: Javid Roshan By: Zarmina Mayar ATTACH NOTARIZATION This is to certify that the interest in real property conveyed herein to the City of Dublin, a governmental agency, is hereby accepted by Linda Smith, City Manager, and/or Laurie Sucgang, City Engineer, on behalf of the Dublin City Council pursuant to authority conferred by Resolution No. 24-87 of the Dublin City Council, adopted on April 13, 1987, and the grantee consents to the recordation thereof by its duly authorized officer. LINDA SMITH, CITY MANAGER AND/OR LAURIE SUCGANG, CITY ENGINEER Dated: By: 32 November 7, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: FEE ACQUISITION Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road, said point also bring the TRUE POINT OF BEGINING; Thence along the said westerly line, South 3°24'16" West, 214.04 feet; Thence along the southerly line of said lands (2013-350453), North 86°11'29" West, 9.00 feet; Thence leaving said southerly line along the following five (5) courses: 1) North 3°24'16" East, 130.50 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the northerly line of said lands; Thence along said northerly line, South 85°40'14" East, 9.00 feet to the TRUE POINT OF BEGINNING. Containing 1,972 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com Page 1 of 1 33 Ari z LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N8611'29"W 9.00' L2 N86'35'44"W 0.67' L3 S86'35'44"E 0.67' L4 NO3'24'16"E 14.51' L5 S85'40'14"E 9.00' LANDS OF JAYID ROSHAN AND 7ARMINA MAYAR DEED 2013-350453 APN= 986-28-2 LAND DAVIS THRESH No. 6868 OF OF- �1P CALIFO j N3°24'16"E 130.50' L2 N3°24'16"E 69.11' L4 L3 S3°24'16"W 214.04' FEE ACQUISITION 1,972 SQ.FT.± Z.0111011••••-- 40 0 40 I I scale 1" = 40' feet TPOB N86°35'44"W _- 33.00' N3°24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBITB FEE ACQUISITION Job No. 20190525 By KH Date 11/7/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 34 RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 Exempt from recording fee per Govt. Code §27383 & §6103 No Tax Due Exempt Transfer Rev & Tax Code §11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF TEMPORARY CONSTRUCTION EASEMENT JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS PROPERTY PORTION OF APN 986-0028-002-00 5868 TASSAJARA ROAD, DUBLIN, CA TASSAJARA ROAD IMPROVEMENTS — NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT TITLE OF DOCUMENT THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6) 35 Recorded at the request of: City of Dublin Return to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 APN: Portion of 986-0028-002-00 GRANT OF TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration pursuant to that certain Property Purchase Agreement executed by the parties hereto on or about the date hereof (AGREEMENT), the undersigned, JAVID ROSHAN AND ZARMINA MAYAR, HUSBAN AND WIFE AS JOINT TENANTS (GRANTOR), hereby grants to the CITY OF DUBLIN, A Municipal Corporation (CITY), and its successors and assigns a Temporary Construction Easement, over, across, under and through the real property situated in the City of Dublin, County of Alameda, State of California, described in Exhibit A, attached hereto (EASEMENT AREA) for public road construction and conformance purposes related to the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School (PROJECT). The CITY's rights under the easement granted hereby shall include, without limitation, the right of the CITY, its officers, agents, contractors, and employees, and other governmental agencies responsible for review or construction of any portion of the PROJECT and such agencies' officers, agents, contractors, and employees, to enter upon the EASEMENT AREA with personnel, vehicles and equipment for construction of the PROJECT, and all other activities related thereto, to remove all improvements, trees and vegetation thereon that interfere with the purpose for which this easement is granted, to conform the EASEMENT AREA to the PROJECT, and do any and all other actions necessary and appropriate to the construction of the PROJECT. If improvements in the EASEMENT AREA are removed pursuant to this Temporary Construction Easement, such improvements will be reconstructed at the CITY's sole expense upon the termination of the Temporary Construction Easement and will be restored to their original condition or as close thereto as is feasible. If reconstruction is not feasible, the CITY will pay GRANTOR the value of such improvements, which payment shall be in addition to the compensation set forth in the AGREEMENT. This Temporary Construction Easement is for a period of twelve (12) months, to commence upon fourteen (14) days written notice from the CITY to GRANTOR, and shall terminate 12 months after such commencement. In the event the CITY occupies the Temporary Construction Easement area beyond the 12 months, the CITY shall pay GRANTOR additional compensation pursuant to the provisions of the AGREEMENT. In no event shall this Temporary Construction Easement extend beyond the completion of construction. At no additional cost to the CITY, the CITY shall have the right to enter upon GRANTOR's retained property, where necessary, to reconstruct or perform any warranty Temporary Construction Easement Page 1 36 or conformance works during or after the expiration of the Temporary Construction Easement and any extension thereto and/or the completion of the PROJECT. Said works include conforming driveways, walkways, lawn, landscaped and hardscaped areas, irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR's retained property is necessary. All work performed by the CITY in the EASEMENT AREA shall conform to applicable building, fire, and sanitary laws, ordinances and regulations relating to such work and shall be done in a good and workmanlike manner. The rights and obligations contained in this Grant of Temporary Construction Easement will (a) run with the Property and burden, inure to and be for the benefit of and are binding on the Property, Grantor and its successors and assigns, and be an equitable servitude of Grantor and its successors and assigns, and (b) constitute an easement in gross for the benefit of the CITY and its successors and assigns, and will be binding on the CITY and its successors and assigns. IN WITNESS WHEREOF, this Grant of Temporary Construction Easement is signed and executed on GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS By: Javid Roshan By: Zarmina Mayar ATTACH NOTARIZATION Temporary Construction Easement Page 2 37 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com October 24, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: TEMPORARY CONSTRUCTION EASEMENT Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road; Thence along the northerly line of said lands (2013-350453), North 85°42'56" West 9.00 feet, said point also bring the TRUE POINT OF BEGINING; Thence along said northerly line, North 85°37'49" West, 10.00 feet; Thence leaving said northerly line, South 3°24'16" West, 214.22 feet to the southerly line of said lands; Thence along said southerly line, South 86°09'04" East, 10.00 feet; Thence leaving said southerly line the following five (5) courses: 1) North 3°24'16" East, 130.51 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the TRUE POINT OF BEGINNING. Containing 2,095 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated Page 1 of 1 38 Plot Oct 24, 2022 at 10:42am LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N85°37'49"W 10.00' L2 S86°09'04'E 10.00' L3 N86°35'44'W 0.67' L4 S86'35'44'E 0.67' L5 NO3°24'16"E 14.51' LANDS OF JAYID ROSHAN AND 7ARMINA MAYAR DEED 2013-350453 APN= 986-28-2 S3°24'16"W 214.22' LAND Op, DAVIS THRESH No, 6868 OF �1P CALA L3-7 N3°24'16"E 130.51' N3°24'16"E 69.11' L5 TPOB L4 TEMPORARY CONSTRUCTION 2,095 SEASEMENT N86°35'44"W_�� 33.00' 40 0 40 I I scale 1" = 40' feet N3°24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD N85°42'56"W 9.00' S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT Job No. 20190525 By KH Date 10/24/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 39 RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568-0233 APN: 986-0028-002-00 (portion of) Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned Grantor hereby declares this instrument to be EXEMPT from Recording Fees (Govt. Code § 27383 and § 6103) and Documentary Transfer Tax (Rev. & Tax Code § 11922). GRANT DEED JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS do grant unto the CITY OF DUBLIN, a municipal corporation and governmental agency organized under the laws of the State of California, all right, title and interest in and to all that real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Dated: ATTACH LEGAL DESCRIPTION AND PLAT AS EXHIBITS "A"AND "B" By: Javid Roshan By: Zarmina Mayar ATTACH NOTARIZATION This is to certify that the interest in real property conveyed herein to the City of Dublin, a governmental agency, is hereby accepted by Linda Smith, City Manager, and/or Laurie Sucgang, City Engineer, on behalf of the Dublin City Council pursuant to authority conferred by Resolution No. 24-87 of the Dublin City Council, adopted on April 13, 1987, and the grantee consents to the recordation thereof by its duly authorized officer. LINDA SMITH, CITY MANAGER AND/OR LAURIE SUCGANG, CITY ENGINEER Dated: By: 40 November 7, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: FEE ACQUISITION Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road, said point also bring the TRUE POINT OF BEGINING; Thence along the said westerly line, South 3°24'16" West, 214.04 feet; Thence along the southerly line of said lands (2013-350453), North 86°11'29" West, 9.00 feet; Thence leaving said southerly line along the following five (5) courses: 1) North 3°24'16" East, 130.50 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the northerly line of said lands; Thence along said northerly line, South 85°40'14" East, 9.00 feet to the TRUE POINT OF BEGINNING. Containing 1,972 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com Page 1 of 1 41 Ari z LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N8611'29"W 9.00' L2 N86'35'44"W 0.67' L3 S86'35'44"E 0.67' L4 NO3'24'16"E 14.51' L5 S85'40'14"E 9.00' LANDS OF JAYID ROSHAN AND 7ARMINA MAYAR DEED 2013-350453 APN= 986-28-2 LAND DAVIS THRESH No. 6868 OF OF- �1P CALIFO j N3°24'16"E 130.50' L2 N3°24'16"E 69.11' L4 L3 S3°24'16"W 214.04' FEE ACQUISITION 1,972 SQ.FT.± Z.0111011••••-- 40 0 40 I I scale 1" = 40' feet TPOB N86°35'44'W /- 33.00' N3°24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBITB FEE ACQUISITION Job No. 20190525 By KH Date 11/7/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 42 RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 Exempt from recording fee per Govt. Code §27383 & §6103 No Tax Due Exempt Transfer Rev & Tax Code §11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF TEMPORARY CONSTRUCTION EASEMENT JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS PROPERTY PORTION OF APN 986-0028-002-00 5868 TASSAJARA ROAD, DUBLIN, CA TASSAJARA ROAD IMPROVEMENTS — NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT TITLE OF DOCUMENT THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6) 43 Recorded at the request of: City of Dublin Return to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 APN: Portion of 986-0028-002-00 GRANT OF TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration pursuant to that certain Property Purchase Agreement executed by the parties hereto on or about the date hereof (AGREEMENT), the undersigned, JAVID ROSHAN AND ZARMINA MAYAR, HUSBAN AND WIFE AS JOINT TENANTS (GRANTOR), hereby grants to the CITY OF DUBLIN, A Municipal Corporation (CITY), and its successors and assigns a Temporary Construction Easement, over, across, under and through the real property situated in the City of Dublin, County of Alameda, State of California, described in Exhibit A, attached hereto (EASEMENT AREA) for public road construction and conformance purposes related to the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School (PROJECT). The CITY's rights under the easement granted hereby shall include, without limitation, the right of the CITY, its officers, agents, contractors, and employees, and other governmental agencies responsible for review or construction of any portion of the PROJECT and such agencies' officers, agents, contractors, and employees, to enter upon the EASEMENT AREA with personnel, vehicles and equipment for construction of the PROJECT, and all other activities related thereto, to remove all improvements, trees and vegetation thereon that interfere with the purpose for which this easement is granted, to conform the EASEMENT AREA to the PROJECT, and do any and all other actions necessary and appropriate to the construction of the PROJECT. If improvements in the EASEMENT AREA are removed pursuant to this Temporary Construction Easement, such improvements will be reconstructed at the CITY's sole expense upon the termination of the Temporary Construction Easement and will be restored to their original condition or as close thereto as is feasible. If reconstruction is not feasible, the CITY will pay GRANTOR the value of such improvements, which payment shall be in addition to the compensation set forth in the AGREEMENT. This Temporary Construction Easement is for a period of twelve (12) months, to commence upon fourteen (14) days written notice from the CITY to GRANTOR, and shall terminate 12 months after such commencement. In the event the CITY occupies the Temporary Construction Easement area beyond the 12 months, the CITY shall pay GRANTOR additional compensation pursuant to the provisions of the AGREEMENT. In no event shall this Temporary Construction Easement extend beyond the completion of construction. At no additional cost to the CITY, the CITY shall have the right to enter upon GRANTOR's retained property, where necessary, to reconstruct or perform any warranty Temporary Construction Easement Page 1 44 or conformance works during or after the expiration of the Temporary Construction Easement and any extension thereto and/or the completion of the PROJECT. Said works include conforming driveways, walkways, lawn, landscaped and hardscaped areas, irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR's retained property is necessary. All work performed by the CITY in the EASEMENT AREA shall conform to applicable building, fire, and sanitary laws, ordinances and regulations relating to such work and shall be done in a good and workmanlike manner. The rights and obligations contained in this Grant of Temporary Construction Easement will (a) run with the Property and burden, inure to and be for the benefit of and are binding on the Property, Grantor and its successors and assigns, and be an equitable servitude of Grantor and its successors and assigns, and (b) constitute an easement in gross for the benefit of the CITY and its successors and assigns, and will be binding on the CITY and its successors and assigns. IN WITNESS WHEREOF, this Grant of Temporary Construction Easement is signed and executed on GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS By: Javid Roshan By: Zarmina Mayar ATTACH NOTARIZATION Temporary Construction Easement Page 2 45 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com October 24, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: TEMPORARY CONSTRUCTION EASEMENT Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road; Thence along the northerly line of said lands (2013-350453), North 85°42'56" West 9.00 feet, said point also bring the TRUE POINT OF BEGINING; Thence along said northerly line, North 85°37'49" West, 10.00 feet; Thence leaving said northerly line, South 3°24'16" West, 214.22 feet to the southerly line of said lands; Thence along said southerly line, South 86°09'04" East, 10.00 feet; Thence leaving said southerly line the following five (5) courses: 1) North 3 °24' 16" East, 130.51 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the TRUE POINT OF BEGINNING. Containing 2,095 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated Page 1 of 1 46 Plot Oct 24, 2022 at 10:42am LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N85°37'49"W 10.00' L2 S86°09'04'E 10.00' L3 N86°35'44'W 0.67' L4 S86'35'44'E 0.67' L5 NO3°24'16"E 14.51' LANDS OF JAYID ROSHAN AND 7ARMINA MAYAR DEED 2013-350453 APN= 986-28-2 S3°24'16"W 214.22' LAND Op, DAVIS THRESH No, 6868 OF �1P CALA L3-7 N3°24'16"E 130.51' N3°24'16"E 69.11' L5 TPOB L4 TEMPORARY CONSTRUCTION 2,095 EASEMENT N86°35'44"W_�� 33.00' 40 0 40 I I scale 1" = 40' feet N3°24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD N85°42'56"W 9.00' S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT Job No. 20190525 By KH Date 10/24/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 47 Property Owner Information Handbook Regarding Property Acquisition Efforts DUBLIN CALIFORNIA City of Dublin 100 Civic Plaza Dublin, CA 94568 925.833.6650 This is an informational pamphlet only. It is not intended to give a complete statement of all State and Federal laws and regulations pertaining to the City's efforts to purchase your property for public use, the relocation assistance program, technical legal definitions, or any form of legal advice. 48 Introduction: This informational handbook is provided by the City of Dublin ("City") to give you general information about property acquisitions for projects. It is not intended to be a definitive summation of the law or to provide specific advice. For such purposes, the City recommends consulting your personal attorney or other advisor of your choice. Please note that property acquisitions for projects may include the acquisition of either permanent (e.g. fee simple, easements) or temporary rights (e.g. construction easements, access easements), or both. What Right Does the City Have to Acquire My Property? Every city has certain powers which are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of eminent domain. The rights of each of us are protected, however, by laws such as the Fifth and Fourteenth Amendments to the United States Constitution, the State Constitution, and eminent domain laws. These laws guarantee that if a city takes private property it must pay "just compensation" to the owner. Further, the owner may have additional protections, some of which are explained in this informational handbook. Title VI of the Civil Rights Act of 1964 (42USC 2000d et. seq.) sets forth the policy of the United States, within constitutional limits, to ensure that all services and/or benefits will be administered without regard to race, color, national origin, or sex. Pursuant to California regulations, property leasebacks will generally not be offered if the property is scheduled to be used within two years of its acquisition. How Will the City Determine How Much to Offer Me for My Property? Before making an offer of compensation to you, the City will obtain at least one appraisal by a competent real property appraiser who is familiar with local property values. The appraiser will inspect your property and provide the City with an appraisal report stating his or her opinion of the fair market value of the property rights to be acquired by the City. The appraisal report will be reviewed by the City to confirm that the estimate of value is fair. The City is required to offer you just compensation for your property. This amount, with limited exceptions, is the fair market value of the property rights to be acquired. Page 1 of 9 49 What is "Just Compensation"? "Just compensation" is generally considered to be fair market value. The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. How Does an Appraiser Determine Fair Market Value of My Property? Each parcel of real property is different and, therefore, no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: • How it compares with similar properties in the area that have been sold recently; • How much it would cost to reproduce the buildings and other structures, less any depreciation; • How much rental income it could produce; • Other factors affecting use of the property. Will 1 Have A Chance to Talk to the Appraiser? YES. You must be contacted and given the opportunity to accompany the appraiser on his inspection of your property. You may then inform the appraiser of any special features which you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to ensure that nothing of allowable value will be overlooked. If you are unable to meet with the appraiser, you may wish to have a person who is familiar with your property represent you. Page 2 of 9 50 How Soon Will the City Give Me a Written Purchase Offer? Generally, you should receive a purchase offer within 60 days of the approved appraisal. The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property; • The availability of funding; and • Possible project delays caused by factors outside the control of the City. What is in the City's Statement of the Basis for Its Determination of Just Compensation? The City's statement of the basis for its determination of just compensation must be provided to you with the written purchase offer. Among other things, this statement will include: • A general statement of the City's proposed use for the property. • An accurate description of the property to be acquired. • A list of the improvements covered by the offer and any conditions. • The amount of the offer. • An indication that the offer does not reflect any relocation payments or other relocation assistance which you may receive under other regulations. • The recognized definition of the term "fair market value". Can I Have My Own Appraisal Done? YES. You may decide to obtain your own appraisal of the property in negotiating the fair market value with the City. At the time of making its initial offer to you, the City must offer to reimburse you the reasonable costs, not to exceed $5,000, of an independent appraisal or your property. To be eligible for reimbursement, the independent appraisal must be conducted by an appraiser licensed by the California Bureau of Real Estate Appraisers. Please discuss the reimbursement process with the City's acquisition representative. Does the City Consider Buildings, Structures, and Improvements? Sometimes buildings, structures, or other improvements considered to be real property are located on the property to be acquired. If this is the case, the City must offer to acquire buildings, structures, or other improvements if they must be removed or if the City decides that the improvements will be adversely affected by the public program or project. When an improvement can be considered real property if owned by the owner of the real property on which it is located, then this improvement will be treated as real property. Page 3 of 9 51 Does the City Consider Tenant -Owned Buildings, Structures and Improvements? Sometimes tenants lease real property and build or add improvements for their use. Frequently they have the right or obligation to remove the improvements at the expiration of the lease term. If, under State law, the improvements are considered to be real property, the City must make an offer to the tenants to acquire these improvements. In order to be paid for these improvements, the tenant -owner must assign, transfer, and release to the City all right, title, and interest in the improvements. Also, the owner of the real property on which the improvements are located must disclaim all interest in the improvements. Just compensation for an improvement will be the amount that the improvement contributes to the fair market value of the whole property, or its value for removal from the property (salvage value), whichever is greater. May 1 Keep Any of the Buildings or Other Improvements on My Property? Very often, many or all improvements on a property are not required by the City. This might include such items as a fireplace mantel, your favorite shrubbery, or even an entire house. If you wish to keep any improvements, please let the City know as soon as possible. Retention of improvements by the property owner will require an appropriate adjustment to the purchase price. Must 1 Accept the City's Initial Offer? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City must make reasonable efforts to consider and respond to your evidence and suggestions. May 1 Have Someone Represent Me During Negotiations? YES. If you would like an attorney, real estate agent, or anyone else to represent you during negotiations, please so inform the City in writing. However, state law does not require the City to pay the costs of any such representation. Page 4 of 9 52 If I Agree to Accept the City's Offer, How Soon Will 1 Be Paid? If you reach a voluntary agreement to sell your property and your ownership (title) is clear of encumbrances, payments will be made at the earliest possible date or a mutually acceptable time. Generally, this should be possible within 90 days after you sign a purchase contract. If your ownership is not clear, you may have to pay the cost of clearing title sufficiently to convey clear title on your property. (Title evidence is basically a legal record of the ownership of the property. It identifies the owners of record and lists any restrictive deed covenants and recorded mortgages liens, and other instruments affecting your ownership of the property.) What Happens if 1 Don't Agree to the Purchase Offer by the City? If you are unable to reach a voluntary agreement with the City, a public hearing of the City Council will be held to determine the need and necessity for the acquisition of your property. You will be notified of the action and given reasonable advance notice of your right to attend the hearing. After the hearing, assuming need and necessity have been determined, the City will file a suit in court to acquire your property through a condemnation proceeding. What Happens if the City Condemns My Property? Condemnation proceedings are procedures through a court to acquire real property under the power of eminent domain. Beginning with a necessity hearing and during the condemnation proceedings and trial, you will be provided an opportunity to introduce your evidence as to the need for acquisition and the value of your property to be acquired by the City. Of course, the City will have the same opportunity. After hearing the evidence of all parties during the trial, the court or jury will determine the right to acquire and the amount of just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and other experts. However, the costs of these professional services and other costs which you incur in presenting your evidence to the court may be your responsibility. If construction must begin prior to the condemnation trial, the City may obtain a court's order of immediate possession. What is an Order for Possession? An order for possession is a procedure within a condemnation proceeding. The order for possession issued by the court allows the City to have the use of the portion of your property which is the subject of the proceeding prior to an award of just compensation in court. This procedure is used typically only where the use of your property is necessary to accomplish timely construction of the project for which your property is required. Page 5 of 9 53 To obtain an order for possession, the City must deposit with the court or the County an amount not less than its appraisal of the fair market value of the property to be acquired. Sometimes, the owner is then permitted to withdraw a portion of or all of this amount, depending upon the individual circumstances. It is recommended that you have the help of an attorney if you intend to do this. Should the court award exceed the amount deposited by the City, you will be paid the difference, plus any interest that may be provided by State Law. What Can 1 Do If 1 Am Not Satisfied With the Court's Determination? If you are not satisfied with the court's determination of the amount for just compensation, you may file an appeal with the appropriate appellate court for the area in which your property is located. The City may also file an appeal if it believes the amount of the court judgment is too high. Will 1 Have to Pay any Settlement Costs? You will not be responsible for the reasonable and necessary costs of typical services required to complete the sale, recording fees, transfer taxes, and any similar expenses which are incidental to transferring ownership of your property to the City. Can the City Take Only A Part of My Property? YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for the loss in value. The determination of any loss in value is an appraisal problem involving variables in which a brief explanation might not adequately cover all situations. Should this situation be involved, City representative will fully explain the effect of a part purchase on your remaining property. If the City Does Acquire My Property, How Soon Must I Move? Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. Except in an unusual instance where there is an urgent need for your property, you cannot be required to move from your residence or to move your business or farm operation without at least 90 days advance written notice of the date by which your move is required. If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of your property has been deposited with the court (or into escrow) so that you can withdraw your share. Page 6 of 9 54 If you are being displaced from your residence, decent, safe and sanitary replacement housing must be available before you can be required to move. Will 1 Receive Assistance with Relocation? YES. If eligible and, in addition to any compensation paid through the property acquisition process, the City will provide relocation referral assistance and cash payments for eligible moving expenses. The amount of relocation expense is determined on a case -by -case basis in accordance with the Federal Uniform Act and State Guidelines. A Relocation Assistance Program brochure describing relocation benefits will be available from the City, if the project proceeds. No relocation payment received will be considered as income for the purpose of the Internal Revenue Code of 1954. I'm A Veteran, How About My GI Loan? After your GI home mortgage loan has been repaid, you may be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. Will 1 Be Compensated for the Loss of Goodwill for My Business? If you own a business located and conducted on the real property to be acquired, you may have a right to claim compensation for loss of goodwill. See your acquisition representative. If My Property, which the City is Acquiring, is Worth More Now than When 1 Bought it, Must I Pay Capital Gains Tax on the Increase? It is recommended that you consult your tax advisor or the appropriate tax agencies if you have questions concerning these issues. Also, Internal revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets", is available from the IRS. (NOTE: The number of this publication may change from time to time.) It explains how the Federal income tax would apply to a gain or loss under the threat of condemnation for public purposes. If you have any questions about the IRS rules, you should discuss your particular circumstances with your personal tax advisor or your local IRS office. The State of California Franchise Tax Board should be able to provide information regarding any State tax due, if any, resulting from the purchase by the City. Page 7 of 9 55 Won't My Property Taxes Increase Substantially When 1 Purchase A New Home Because of the Proposition 13 Re -Assessment Formula? NO. Not as long as the replacement property's purchase price does not exceed 120%a of the sales price for the acquired property. Section 2(d) of Article XIIIA of the California Constitution provides that property tax relief shall be granted to any real property owner who acquires comparable replacement property after having been displaced by the City. If the full cash value of the comparable replacement property does not exceed 120% of the purchase price or the court judgment of the property acquired or taken, then the adjusted base year value of the property acquired or taken shall be transferred to the comparable replacement property. An application for this property tax relief adjustment must be filed with the County Assessor as soon as possible after the settlement of the purchase of the replacement property, governmental acquisition or condemnation proceedings. Contact the County Assessor's office and/or your tax advisor with questions you may have regarding this real property tax relief provision. Is it Possible to Donate My Property to the City? YES. However, prior to accepting a donation, the City must inform the owner in writing of the amount it believes to be just compensation for the property to be acquired. The property owner must indicate in writing that although he/she understands he/she cannot be required to sell his/her property for less than just compensation, he/she voluntarily agrees to do so or to contribute the property without payment of compensation. You are advised to consult with a tax advisor and lender(s) prior to making a donation. Page 8 of 9 56 Definitions The language used in relation to eminent domain proceedings may be new to you. These are some terms you may hear. Please note that these definitions are general and are provided to assist in the discussion related to the proposed acquisition. They are not intended to be legal definitions. Acquire - To purchase. Answer -The property owner's written reply, in appropriate legal form, filed with the court in response to the complaint and as requested by the summons. Compensation - The amount of money to which a property owner is entitled under the law for the purchase or damage to the property. Complaint - The document filed with the court by the City which initiates an eminent domain proceeding. Condemnation - The legal process by which a proceeding in eminent domain is accomplished. Counsel - An attorney or attorneys. Eminent Domain - The right of government to purchase private property for public use. Final order of condemnation - The instrument which, when recorded, transfers title to public ownership. Judgment - The court's formal decision based on applicable law and the verdict. Loss of goodwill - A loss in the value of a business caused by the City's acquisition of property that cannot be reasonably prevented by relocation of the business or the owner adopting prudent or reasonable steps that preserve the value of the business goodwill. Market value - The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. Parcel - Usually means the property that is being acquired. Plaintiff - The public City that desires to purchase the property. Possession - Legal control; to have the right to use. Property - The right or interest which an individual has in land, including the rights to use or possess. Property is ownership; the exclusive right to use, possess or dispose of a thing. Summons - Notification of filing of a lawsuit in eminent domain and of the necessity to file an answer or other responsive pending. Title - Legal ownership. Trial - The hearing of facts from plaintiff and defendant in court, either with or without a jury. Verdict - The amount of compensation to be paid for the property. Page 9 of 9 57 Attachment 4 1111°,11 DUBLIN CALIFORNIA THE NEW AMERICAN BACKYARD City Council 925.82.3.6650 City Manager 925,833.6650 Community Development 9-25.833.6610 Economic Development 925.833.6650 Finance/IT 925.833.66-10 Fire Prevention 925.833 6606 Human Resources 925,833.6605 Parks & Community Services ')25.833.66 i= Police 925.833.6670 Public Works 9)5.833,6630 I00 Civic Plaza Dublin, CA 94568 P 925.833.6650 F 925.833.6651 www.dublin.ca.gov February 20, 2024 Javid Roshan Zarmina Mayar 5868 Tassajara Road Dublin, CA 94568 SUBJECT: Tassajara Road Improvements — North Dublin Ranch Drive to Quarry Lane School Project, City Project No. ST0119 Site Address: 5868 Tassajara Road, Dublin, CA APN: 986-28-2 Dear Property Owners, The City of Dublin (City) recently updated its original appraisal report for the certain property rights proposed to be acquired. The update has resulted in an increased value from $78,600 to $104,000. Therefore, the City is updating its government code offer to you for the proposed property rights in the amount of $104,000. Attached for your review are the following updated documents: 1. Appraisal Summary Statement and Summary of the Basis of Just Compensation 2. Property Purchase Agreement and Joint Escrow Instructions (2) 3. Grant Deed 4. Grant of Temporary Construction Easement Deed However, for settlement purposes only, the City is still willing to compensate you the $126,500 that the City previously presented to you by letter on August 25, 2023. Please consider this amount and if acceptable to you, please contact Rosalyn Zeigler of Associated Right of Way Services, Inc. (AR/WS) at (925) 691-2872 or rzeigler@arws.com. We kindly request that you respond to the City's settlement offer by March 8, 2024. Thank you for your patience and continued cooperation throughout this process. Sincerely, Laurie Sucgang, P.E. Assistant Public Works Director/City Engineer cc: Michael Boitnott, P.E., Capital Improvement Program Manager, City of Dublin Rosalyn Zeigler, AR/WS 58 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 BASIC PROPERTY DATA OWNER: Javid Roshan and Zarmina Mayar PROJECT: Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School PROPERTY ADDRESS: 5868 Tassajara Road, Dublin, California DATE PROPERTY ACQUIRED BY OWNER: Over five (5) years. ZONING: PD RESO. 104-94 (Planned Development) GENERAL PLAN: Stream Corridor; Medium Density Residential PRESENT USE: Owner -occupied Residential HIGHEST AND BEST USE O: As Vacant: Medium density residential development at the highest density allowed and approved by the City. As Vacant (Porterville Premise): Single-family residential lot. As Improved: Continued use of the existing improvements with redevelopment potential. TOTAL PROPERTY AREA: 1 Acre or 43,740 square feet (sf) PROPERTY RIGHTS PROPOSED TO BE ACQUIRED: Partial Fee Simple: 1,972 sf. Temporary Construction Easement: 2,095 sf. DATE OF THIS VALUATION: October 22, 2023 BASIS OF VALUATION The just compensation being offered by the City of Dublin (City) is not less than the City's approved appraisal of the fair market value of the property. The fair market value of the property proposed for acquisition is based on a fair market value appraisal prepared according to accepted appraisal procedures. Where appropriate, sales of comparable properties and income data are utilized. Principal transactions of comparable properties, where evaluated, are included herein on Page 8. The appraiser has given full and careful consideration to the highest and best use for development of the property and to all features inherent in the property, including, but not limited to, zoning, development potential and the income the property is capable of producing. California Code of Civil Procedure Section 1263.320 defines fair market value as follows: a.) The fair market value of the property taken is the highest price as the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. Page 1 of 13 59 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 b.) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. The market value for the property proposed to be acquired by the City is based upon Code of Civil Procedure Section 1263.320a as defined on the first page. Value of the Entire Property: $ 635,000 (on a lot basis) THE FOLLOWING INFORMATION IS BASED ON THE PARTIAL ACQUISITION ONLY Value of the Property Rights proposed to be acquired: A. Fee Simple Land and included Site Improvements: $ 94,302.00 Property Rights Appraised Land Area Estimated Estimated (Sq.Ft.) Value / Sq.Ft. Value Partial Fee Simple Acquisiton Total Proposed Fee Simple Land Acquisition: 1.972 x $14.52 $28,633 $28,633 Site Improvements Wooden fencing Wooden gate Automatic gate Brick pavers Aggregate paving Tower lights Chicken coop Landscaping Water fountain Pergola Sq. Ft 1 Ln. Ft_ / Units 240 14 I 208 48 2 1 1,282 15 Subtotal Site Improvement Acquisitions Contingency (10%) Entrepreneurial Incentive (10%) Total Site Improvement Acquisitions: Replacement Cost New ($/Unit) x $52.00 x $52.00 x $2,750.00 x $22.00 x $1500 x $3,100.00 x $1,000.00 x S-17.00 x $1I,000.00 x S30.00 Less Estimated Depreciation = Value 25% 25°/0 25% 25% 25% 25% 0% 0% 25% $9, 360 $546 $2, 063 _ $3,432 $540 $4,650 $1,000 $21,794 $•1.1,000 S338 S54,723 $5,473 $5,473 565,669 Improvements Pertaining to the Realty Oz : B. Permanent Easement: C. Temporary Construction Easement $ N/A $ N/A $3042.00 Property Rights Appraised Land Area Estimated Rental Rate / Duration Estimated (Sq. Ft.) Value / Sq. Ft. Month (Years) Value Temporary Construction Easennent 2,095 x $14.52 x 10% x I = $3,042 Total Proposed Temporary Construction Easement Acquisition: 83,042 $ 97,344.00 (Sum of items A thru D) Page 2 of 13 60 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Severance Damages0: In addition to determine the market value of the parcel sought to be acquired severance damages were considered. Severance damages are determined based on whether or not the remainder would be diminished in value by reason of the proposed acquisition and/or by the construction of the improvement in the manner proposed. Some severance damage may be mitigated or entirely eliminated by estimating the cost to cure the damage. Where severance damages are found, offsetting benefits are determined. (See Page 12 — Benefits defined.) Under California law, benefits can only be offset against severance damages. If no severance damages are found, there is no application of offsetting benefits. No severance damages were found for the following reasons: Cost of curing the severance has been determined to be the best measure of severance for the proposed acquisition. The cost to cure is estimated to be $6,288.00 and its breakdown is as follows on the next page: E. Cost to Cure Damages: $ 6,288.00 Site Improvements Replacement Sq. Ft / in. Ft Cost New Less Amount Estimated / Units ($/Unit) In Improvements Value Wooden fencing 217 x $52.00 - $8,463k = $2,821 Wooden gate 14 x $52.00 - $546 = $182 Automatic gate 1 x $2,750.00 - $2,063 = $687 Tower lights 2 x $3,100.00 - $4,650 = $1,550 Subtotal Site Improvement Acquisitions $5,240 Contingency (10%) $524 Entrepreneurial Incentive ('I0%) $524 ,Total Damages (Cost to Cure): $6,288 'Represents the value concluded in the improvement section for the amount of fencing being replaced as a cost to cure on a linear foot basis F. Incurable Damages: Total Damages: $ N/A $ 6,288.00 (Sum of items E & F) Benefits®: $ Not Quantified JUST COMPENSATION FOR ACQUISITION: $ 103,632.00 Rounded to: $ 104,000.00 Page 3 of 13 61 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 THE FOLLOWING INFORMATION 1S BASED ON THE ENTIRE SUBJECT PARCEL The Sales Comparison approach is based on the consideration of comparable land sales. Indicated value by Sales Comparison Approach: See page 8 for principal transactions $ 635,000 or $14.52 per sf The income and cost approaches are not considered applicable to this assignment since these approaches do not typically apply to the valuation of land. SUMMARY OF THE BASIS FOR JUST COMPENSATION Narrative summary of the valuation process supporting compensation: Project Description The project involves a redesign of portions of the future widening of Tassajara Road within the proposed project limits. Much of the roadway has already been developed as part of the Eastern Dublin Specific Plan even before the Plan was adopted. The current project proposed a reduction in the number of travel lanes for currently unimproved and improved portions of Tassajara Road from six to four lanes. Roadway reductions would be implemented as part of road improvement projects undertaken by the City as part of the Capital Improvement Project. Two segments of existing Tassajara Road are proposed for improvements to four travel lanes. The City proposes to undertake the initial phase of the road widening improvements, identified as Segment 1, in the immediate future. The northern segment (Segment 2) extends from north of Palisades Drive-Kylemore Entry intersection on the south to the northern city limit. The southern segment of the road (Segment 1) stretches from a point located north of North Dublin Ranch Drive to a point just south of the southern boundary of Quarry Lane School. Property Description Larger Parcel There are three criteria, or tests, for determining the larger parcel. These are: unity of ownership; contiguity; and unity of use. Abutting parcels to the subject are under different ownership. It has been concluded that assessor's parcel number 986-28-2 comprises a single economic unit and is the larger parcel or subject property. Site Description The subject property is located on the west side of Tassajara Road in the City of Dublin. The property has approximately 215 linear feet of frontage along Tassajara Road. Near the subject property, Tassajara Road is a two-lane, two -directional arterial roadway that traverses in a north -south direction between Fallon Road and Interstate-580. The area near the subject property is comprised primarily of single family residential, rural residential, agricultural and public properties. The subject site appears to be currently used for residential purposes. Further south toward Dublin Boulevard and Interstate 580 are a variety of uses including single family and multifamily residential uses, retail centers, restaurants, offices, medical uses, and automotive dealerships. The subject property is just northeast of the Alameda County Santa Rita Jail. The Alameda County Assessor identifies the subject property as Assessor's Parcel Number 986-0028-002-00, as previously described. According to public records, the site is 1 acre or 43,740 square feet in size. The subject is generally level in topography, except for the area within the creek. Surrounding areas are rolling and hilly in topography. The subject site is rectangular in shape with the Tassajara Creek crossing the rear of the property. Page 4 of 13 62 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Improvement Description The subject property appears to be improved with a single-family dwelling and various ancillary structures. However, the buildings located on the subject property are not impacted by the proposed acquisition, so an interior inspection of the structures were not performed, nor were they measured. The improvements are assumed to be adequately served by an on -site well and septic system. Site improvements located within the proposed acquisition area include portions of wooden fencing, a wooden gate, an automatic gate, brick pavers, aggregate paving, tower lights, a chicken coop, landscaping, water fountain, a pergola, and a mailbox. Personal Property Description A detailed inventory of personal property on the subject property was not taken by the Appraiser. No interior inspection was made of the structures located on the subject property, since these improvements were not located in the proposed acquisition areas. Therefore, items of personal property within the structures are unknown but are assumed to be typical of the market for similar improvements. Various miscellaneous items were observed within the proposed acquisition areas at the time of inspection. Zoning and Highest and Best Use: The zoning category for the subject is PD RESO. 104-94 (Planned Development). According to the Dublin Municipal Code, the purpose of the Planned Development District is to: A. Establish a Planned Development Zoning District through which one or more properties are planned as a unit with development standards tailored to the site. B. Provide maximum flexibility and diversification in the development of property. C. Maintain consistency with, and implement the provisions of, the Dublin General Plan and applicable Specific Plans. D. Protect the integrity and character of both residential and non-residential areas of the City. E. Encourage efficient use of land for preservation of sensitive environmental areas such as open space areas and topographic features. F. Provide for effective development of public facilities and services for the site. G. Encourage use of design features to achieve development that is compatible with the area. H. Allow for creative and imaginative design that will promote amenities beyond those expected in conventional developments. Permitted uses. No use other than an existing use is permitted in a Planned Development Zoning District except in accordance with a Development Plan adopted pursuant to the Planned Development Zoning District chapter of the municipal code. PD Resolution No. 104-94 appears to indicate a PD - Single Family zoning district (0.9-6.0 dwelling units per acre), which is established to: a) reserve appropriately located areas for family living at reasonable population densities consistent with sound standards of public health and safety; b) ensure adequate light, air, privacy and open space for each dwelling; c) provide space for semi-public facilities needed to complement urban residential areas and for institutions that require a residential environment; and d) accommodate single family housing, including a wide range of units from small -lot and zero -lot line units to large -estate units. The zoning designation appears to be outdated and not to be consistent with the General Plan and Specific land use designations, which are designated for more intense uses. According to the City's Community Development Department, a new development would typically have a new planned development plan put in place, which would establish development standards and regulations, Page 5 of 13 63 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 The General Plan land use designation for the subject is a mix of Stream Corridor; Medium Density Residential. According to the General Plan Land Use Map, the Stream Corridor designation is categorized under the Public/Semi-Public/Open Space classification. As stated in the General Plan, the intent of the Open Space "designation is to ensure the protection of those areas with special significance such as areas with slopes over 30 percent; stream and drainage way protection corridors; woodlands; and visually -sensitive ridgelands. The City may allow only open space uses on this land. Equestrian, riding, and hiking trails will be encouraged. Other types of recreational uses, agriculture and grazing may be permitted where appropriate." The Conservation Element of the General Plan states guiding policies for stream corridors and riparian vegetation. 1. Protect riparian vegetation as a protective buffer for stream quality and for its value as a habitat and aesthetic resource 2. Promote access to stream corridors for passive recreational use and to allow stream maintenance and improvements as necessary, while respecting the privacy of owners of property abutting stream corridors. According to the City's Engineering Department, pursuant to Section 7.74.110 Watercourse protection, setbacks from a watercourse are thirty feet (30') of the centerline of any creek or twenty feet (20') of the top of a bank. Additionally, the City's Community Development Department indicated that these setbacks would likely be the minimum, but development requirements may be greater. As stated in the General Plan, the Residential: Medium Density "designation allows attached residential units and typically includes detached, zero -lot line, duplex, townhouse, and garden apartment development. A second unit (either attached or detached is also permitted on individual parcels.) The density range for the medium density residential designation is 6.1 to 14.0 units per gross residential acre. Additionally, the subject property is within the Eastern Dublin Specific Plan with a mix of land use designations of Open Space and Medium Density Residential. As stated in the Specific Plan, the Open Space designation "protects areas with important and/or sensitive resources and areas with natural hazards from development. Open Space lands include: areas dedicated to the City as open space; areas with slopes predominantly over 30%; stream and drainage way protection corridors; woodlands; visually -sensitive ridgelands; and grazing lands. In general, open space lands are to be preserved with minimal development. Privately held agricultural land can be used for agricultural production and grazing. Structures related to these agricultural activities will be permitted. In sensitive resource areas and areas set aside to protect public health and safety, uses will be limited to passive recreation (i.e., walking, hiking, etc.). Development in these areas will be limited to trail improvements. As stated in the Specific Plan, the Residential: Medium Density "provides for a mix of single family detached and attached units and multi -family units. The density range allows for detached, zero -lot line, duplex, townhouse, and garden apartment development. It is intended that within areas with this designation, that dwelling unit types and densities would be varied to accommodate a range of housing needs. Assumed household size is 2.0 persons per unit." The density range for the medium density residential designation is 6.1 to 14.0 units per gross residential acre. As If Vacant In the case of the subject property, the legally permissible uses are determined by the City of Dublin, which has zoning jurisdiction over the subject. As indicated earlier, the subject property is zoned PD RESO. 104-94 (Planned Development), which does not permit uses other than an existing use except when a Development Plan is adopted. PD Resolution No. 104-94 appears to indicate a PD - Single Family zoning district (0.9-6.0 dwelling units per acre). The zoning designation appears to be outdated and not to be consistent with the General Plan and Specific land use designations, which are designated for more intense uses. The General Plan land Page 6 of 13 64 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 use designation for the subject is a mix of Stream Corridor and Medium Density Residential. The Eastern Dublin Specific Plan designates land uses for the subject as a mix of Open Space and Medium Density Residential. The subject property is approximately 1 acre or 43,740 square feet. The subject is generally level in topography, except for the area within the creek, The subject site is rectangular in shape with the Tassajara Creek crossing the rear of the property. The market for residential properties over the past several years, including vacant residential land and rural residential sites, has improved considerably. The highest and best use of the subject property, as if vacant, would be for medium density residential development at the highest density allowed and approved by the City. As Improved The subject property appears to be improved with a single-family dwelling and various ancillary structures. The subject property has a mix of Stream Corridor/Open Space and Medium Density Residential land use designations according to General Plan and Eastern Dublin Specific Plan. The western portion of the property is designated Stream Corridor/Open Space primarily where the Tassajara Creek crosses the property and a portion of the level area of the site. The eastern portion is designated Medium Density Residential. The highest and best use of the subject property, as improved, is for the continued use of the existing improvements with redevelopment potential in the future once land value exceeds the value at the current improved use. Dedication Requirements In addition to state statutes, court decisions govern the appraisal of land required for public improvements. Two cases, City of Porterville v. Young and City of Fresno v. Cloud recognize the power of local jurisdictions to require the dedication of land as a condition of obtaining development approval and are a consideration in evaluating the highest and best use at which the property is appraised. The City of Dublin currently has a dedication policy. According to the City's Land Development Department, subject property would be subject to dedication requirements per the below references: • Per DMC section 7.72.020, for building permits and various planning entitlements including Condition Use Permits, Site Development Review, Variance, and Planned Development, if the proposed project will result in an increase in traffic generation or adversely affect public safety then dedication and improvements are required. • Per DMC section 7.72.050, exceptions, the provisions of Section 7.72.020 shall not be applicable to a building permit issued for construction, reconstruction, or remodeling of a single-family or two (2) family dwelling, unless such reconstruction or remodeling converts such dwelling or portion thereof to any other use, • Per DMC section 9.08.090 (B) and 9.08.100 (B), for subdivisions the City can condition right of way dedications. It is understood that the subject property would be subject to dedication requirements if a permit to develop were applied for by the owner. The owner would be required to dedicate land for the roadway of Tassajara Road. Where a portion of property would typically be required to be dedicated for a public use as a condition of obtaining development approval for a higher or more profitable use, that portion of the property being acquired for the same public use prior to the imposition of the dedication requirement is appraised at the use that is permissible without triggering a dedication requirement. Therefore, the subject underlying land is appraised consistent with its current residential use, as a single-family residential lot. Page 7 of 13 65 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Valuation Approach Sales Comparison Approach Since the proposed acquisitions will include only land and site improvements, only the value of the land has been estimated, by applying the Sales Comparison Approach. The prices paid for land with similar development potential as the subject provide a basis for estimating the value of the subject by comparison. The concluded unit value has been used to value the proposed acquisitions. A modified cost approach was used to value site improvements that will be affected as a result of the project. The income approach was not utilized because sellers, buyers, and our peers in this market rarely rely on this approach when offering, purchasing, or valuing land similar to the subject underlying land. Research was conducted to find comparable land sales in the subject's market area. The comparable sales were researched, inspected, and verified to the extent possible. Those that could not be confirmed with a party to the transaction were verified through public records, subscription services and other sources. The following table displays a summary of the selected sales reflecting the actions of buyers and sellers in the marketplace and judged to be most representative of current market conditions for the subject property. Sales Data Summary Table Sales Data Summary Paired Sale Address City, Slate Zlp APN Type of Transaction Sale Clate Parcel Size (Acres) Parcel Size (Sq. R) Budding See (Sq. R} Year Built Bed Bath To Edge of Traveled Way (Feet] Sales Price Agent Contact Number FS-0-1 5235 Fal IL rook CI Dublin. CA.94558 9B6-71-44 Sale 1233,2, C_05 23W 2,270 202' 4 3.5 --53 S1,530.000 FS-02 5e 16Fa1Ibrpok Ct Dublin. CA94559 u8 5-41-F0 Sale 1200,21 0.1}7 2,897 2.070 2021 4 3.5 _ 31,540000 -31 Feet II 510,000 0.65% F S-03 5596 FaIlbraok C: Dublin. CA94558 905-71-25 Sale 11:03 2' O.CS 2 35C 2,7O5 202' 3 2.5 -75 5',434.5C0 FS-04 5e81 Fallbraok C: �L lin. CA94555 926-71-57 Sale 10..22:21 C.C9 3.73C 2.705 2021 3 2 5 -36 S',433,030 ^-37 Feet d S26500 2.03% F3433 5e ae Fallt rook C1 Dublin. CA6453o 986-71- 25 Sale 171-03:21 0.C5 2,355 2.705 2021 3 2-5 -75 51,404,5C0 FS-65 5673Fallbrpok C: Dublin, CA945,38 988-71-43 331- 10r,:'9 ^21 C.CB 3.51e 2,254 2021 3 2 5 -38 S1,443.500 -39 Feet d 339,000 2-7894 FSLB 233Znnia C: San R.sm Cn, i7A94592 22_2-770-02_5-5 Sale 10.22 2' C.13 5.782 2909 202* 4 3 5 -73 5-.71 '.5C0 F-S-C7 265-7nla C: San Aa.m cr., C.A94E92 222-i e 0-033--9 Sale 092912' C.14 5 97C 2.53r 202- 4 3.5 -53 5•,7gn.0On -20 Feet d $66,500 4.00% F-S-CS 7030 Balmoral 'Nay San 4.am cn, CA94582 223-7E0-0.06-T Salo 7529^_2 C.1 a 5239 3,844 2007 5 4 5 -83 32,810.000 Listing l en:- I':oa ,SsId .:415?655-5072: 1415)4e3-3200 5 r, es .4(3 /1l - 5 i ri s h ...'"an a a [are 1409 1420-0031: 1.5 10) 62 1-5.5(0 FS-C9 753C Balmoral Way -ar. Ramon, CA94092 22 -760-_n 7'-8 .Sa(a 3c_•23^2 C 23 4 50C 3.834 2C07 5 4.5 --CB 52. 32.L'C0 Listing l$wn:-Felan Du i510}449-1220, I550) 323-' 1 - I Furs .Agent- Major Gill (51 3) 372-7474; 1525.1 365-6505 -15 Feet 3 -442.000 -1.9 % Averages %Change t _59% Page 8 of 13 66 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Land Value Conclusion (Before Condition) The four comparable land sales range from an unadjusted sales price of $515,000 to $750,000. After adjustments, the comparable sales indicate value range for the subject above $550,000, below $750,000 and near $635,000, indicated by Comparables RL-01, RL-04 and RL-03 respectively. While considering the definition of market value, the land of the subject property is judged to warrant a value near the sale price of Comparable RL-03, or $635,000 on a lot basis, as of the date of value. Fee Simple Acquisition The proposed partial fee simple acquisition is located along the eastern portion of the subject property that fronts Tassajara Road. The proposed acquisition is a long narrow strip consisting of 1,972 square feet, approximately 9 feet in width and 214 feet in length along the frontage of the property. Temporary Construction Easements The proposed temporary construction easement is located along the eastern portion of the subject property near Tassajara Road. The proposed easement is situated adjacent to the proposed partial fee simple acquisition to the west. The proposed acquisition is a long narrow strip consisting of 2,095 square feet, approximately 10 feet in width and 214 feet in length, The proposed temporary construction easement is needed for a period of one year. An easement is defined as an interest in the land of another person or entity, which entitles the owner of such an interest to a limited use, or enjoyment of the land area so encumbered. It can either be affirmative by allowing some act or actions on the land, or negative by precluding doing certain things with the land so encumbered. The easement is an interest in real property and is considered non -possessory. The holder of an easement has only such control of the land as is necessary for the purpose of using the easement. Others using the land may not interfere with the use of the easement. It is commonly understood that the fee interest in land is a 100% ownership. Because land can be divided into various rights, a concept of a "Bundle of Rights" exists. The proposed easement requires only specific rights, which are a portion of the rights. The easement deed defines those rights. The fee ownership will remain the same. The imposition of an easement requires that the Appraiser analyze the effect on the land and any existing or proposed improvements. The valuation of the rights to be acquired and the limitations imposed on the grantor's use of the easement area have been analyzed to determine a reasonable allocation for the rights acquired and those remaining to the property owner/grantor. This division or allocation may be expressed as a percentage of the fee simple interest. The valuation of a temporary use of a portion of a property is based on an estimated reasonable rental rate for the land and/or a reasonably expected rate of return for an alternative short-term investment for a specified period of time. Upon expiration of the temporary construction easement, all previous land rights and use of the land revert back to the owner. Residential land does not typically lease. Leases for other property types are predominately for much larger and typical -shaped areas, and often for longer terms. Shorter term leases, or leases of smaller areas (such as for cell towers or advertising signs), often command a higher rate of return. Leases of areas similar to the project temporary construction easement would be expected to command a relatively high rate of return. A reasonable rate of return on the value of land is determined to be 10% annually. Site improvements in Acquisition Areas Site improvements located in the proposed acquisition areas include portions of wooden fencing, a wooden gate, an automatic gate, brick pavers, aggregate paving, tower lights, a chicken coop, landscaping, water fountain, a pergola, and a mailbox. According to the construction plans provided by the project engineer, the mailbox is Page 9 of 13 67 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 planned to be relocated as part of the construction of the project. Therefore, an estimate has not been included for the mailbox. As previously stated in the Extraordinary Assumptions section of this report, for the purpose of this assignment, the property owners were not contacted to meet for the re -inspection of the property. I subsequently re -inspected the property on October 22, 2023, unaccompanied from the public right of way. It is assumed that site improvements not visible from the public right of way, including quality and condition, have remained unchanged since the initial inspection on March 18, 2022. The contributory value of the site improvements located in the proposed acquisition areas was considered and it has been concluded that the depreciated replacement cost is equal to market value. Marshall Valuation Service (MVS), a construction cost service widely in use by appraisers, and online resources were utilized to estimate the replacement cost. Delivery and installation were included in the costs where appropriate. Damages Damages generally occur when the acquisition of a portion of a property result in the remaining property having less value after the acquisition and construction of the project in the manner proposed than it had as part of the original property prior to the taking. Stated another way, after the acquisition of a portion of the property and construction of the project in the manner proposed, the value of the remaining property is less than it was as part of the entire property before the taking. Based on information and exhibit provided by the project engineer, in the before condition, the subject property had a distance of 64 feet from the existing edge of traveled way to the existing house edge. In the after condition, the new distance would be 53 feet from the proposed edge of traveled way to the existing house edge, resulting in the edge of traveled way being approximately 11 feet closer. In order to determine whether the remainder property would be impacted as a result of the changing roadway configuration, research was conducted to find paired sales in subject's market area with varying distances to the edge of the traveled way. The distances from the edge off the traveled way to the edge of the houses were estimated using the Google Earth Pro measuring tool. The difference in distance between the paired sales ranged from approximately 15 feet to 39 feet. In the paired sales shown on the table on the next page, between paired sales, the sales of properties closer to the edge of the traveled way had, on average, a 1.59% higher sales price compared to the sale that was further from the edge of the traveled way. The data supports the conclusion that no damage would accrue to the remainder property as a result of the project. Page 10 of 13 68 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Sales Data Summary Paired Sale Address City, Slate Zip APN Type of Transaction Sale Date Parcel Size (Acres) Parcel Size (Sq. Ft) Building Size (Sq. Ft.) Year Built Bed Bath To Edge of Traveled Way (Feet) Sales Price PS-01 5639 Fallbrook CI Dublin, CA 94568 986-71-44 Sale 12/30/21 0.06 2.394 2,870 2021 4 3.5 -53 $1,530,009 PS-02 5615 Fallbrook CI Dublin, CA 94558 986-41-40 Sale 12/30/21 0A7 2,897 2,870 2021 4 3.5 -22 $1,540,900 -31 Feet $10,000 0.65% PS-03 5695FallbrookCI. Dublin, CA 94568 985-71-25 Sale 11/03/21 005 2,356 2.705 2021 3 2.5 -75 $1,404,500 PS-04 5661 Fallbrook CI Dublin, CA 94568 966-71-47 Sale 10/29/21 0.09 3,730 2.705 2021 3 2.5 -38 $1,433,000 -3TFeet a $28,500 203% PS-03 5696 Fallbrook Ct Dublin, CA 94568 986-71-25 Sale 11/03/21 0 05 2,356 2,705 2021 3 2.5 -75 61,404,500 PS-05 5673 Fallbrook Ct Dublin, CA 94568 986-71-48 Sale 10/29/21 0.08 3,516 2,654 2021 3 2.5 -36 $1,443,500 -39 Feet a $39,000 2.78% PS-06 233 Zinnia CI San Ramon, CA94582 222-770.025.5 Sale 10/22/21 D.13 5,782 2,909 2021 4 3.5 -73 $1,711,500 PS-07 265 Zinnia Cl San Ramon, CA 94582 222-770-033-9 Sale 09/28/21 0.14 5,870 2,909 2021 4 3.5 -53 51.760.000 -20Feet a $68,500 4_00% PS-08 7530 Balmoral Way San Ramon, CA 94582 223.750-006-7 Sale 05l26122 0.19 8,239 3.884 2007 5 4.5 -83 $2,819,000 PS-09 7500 Balmoral Way San Ramon, CA94582 223-750-001-8 Sale 08/23122 0.20 8,500 3,884 2007 5 4.5 -68 $2,768,000 -15 Feet a -$42000 -1.49% Cost to Cure As a result of the project, site improvements will be removed, including wooden fencing, a wooden gate and an automatic gate used to border and secure the subject property. Additionally, two tower lights that illuminate the subject property would be removed. It has been judged that there would be a diminution in value to the remainder by removing these site improvements. The cost to cure the damage as a result of removing these site improvements is the replacement cost less the depreciated value previously indicated and accounted for. After the project, the subject property retains a similar overall utility in comparison with the before condition. Therefore, no permanent damages are judged to accrue to the remainder as a result of the proposed acquisitions required for the project or from the construction of the project as proposed, once the preceding items have been cured. Benefits Since no permanent damages accrue as a result of the proposed acquisitions, benefits have not been quantified. Pagel' of 13 69 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Construction Contract Work (CCW) The Contractor will notify the owner by written notification seven (7 calendar days) and 24 hours in advance of beginning any work at the property. Prior to construction, the Contractor will be responsible to first install (and continually maintain) temporary 6-foot chain link fence at the temporary construction easement (TCE) limit. Once the temporary chain link fence is installed, the Contractor will remove the Property Owner's existing wood fence, two tower lights, automatic metal gates, wood animal pen, a portion of the rock landscape wall, driveway pavers, and mail box. The Contractor shall place the mailbox at a temporary location so that access to the mailbox will not be impaired. The Contractor will maintain access to the property during construction and would coordinate with the property owner (and approved by the City) if any access to the property is temporarily closed. The Contractor will perform general clearing, grubbing and grading activities within the TCE and fee acquisition. The Contractor will then construct curb, gutter, sidewalk, retaining curb and landscaping along the subject street frontage. The Contractor will also construct new asphalt concrete driveway approaches from Tassajara Road to the TCE limits to conform to both of the property owner's existing driveway openings. The Contractor will place the mailbox to the permanent location as designated by the Engineer. The Property Owner will be responsible to install fence, automatic metal gates and Tight towers. Once the permanent fence and gates are installed, the Contractor will remove the temporary chain link fence. PG&E will relocate the service pole and service connection behind the proposed sidewalk. Page 12 of 13 70 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 DEFINITIONS* © Highest and Best Use Analysis Highest and best use is defined as the reasonably probable use of land which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. OO Improvements Pertaining to the Realty (if any) Machinery, Fixtures and Equipment identified here were separately valued as improvements pertaining to the realty. Prior to escrow close, owner and lessee must agree (and confirm in writing) as to ownership of said improvements pertaining to the realty. O Severance Damages (Applies to Proposed Partial Acquisitions) The appraisal also determines whether or not the City's proposed acquisition results in damages to the remaining property. The basis for this determination is whether or not the value of the remainder is diminished by reason of the anticipated acquisition of the property interest being acquired and the construction of the improvement in the manner proposed. Severance Damages may be mitigated or entirely eliminated by estimating the cost to cure the damages. (Cost to Cure) Benefits (Applies to Proposed Partial Acquisitions) Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is acquired in the manner proposed. *These definitions are general and provided to assist in the discussion related to the proposed acquisition. They are not intended to be legal definitions. An owner -occupant of a residential property containing four (4) units or less has a right to review the appraisal on which the written offer to purchase is based. Appraisal Summary and Offer of Just Compensation Authorized and Approved for Presentation: City of Dublin By: Title: Assistant Public Works Director/City Engineer Date: 2/20/2024 Page 13 of 13 71 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Agreement") is entered into as of , 2024 (the "Effective Date"), by and between the CITY OF DUBLIN, a California municipal corporation ("City"), and JAVID ROSHAN AND ZARMINA MAYAR, husband and wife as joint tenants ("Grantor"). Grantor and City are individually referred to herein as a "Party," and collectively referred to herein as the "Parties." RECITALS A. Grantor is the owner of certain real property located in the City of Dublin, California, designated as APN 986-0028-002 (the "Property"). B. The Property is approximately 1.00 acres (43,560 square feet) in size. The site is vacant. The Property is more particularly described in Exhibit A attached hereto and incorporated herein by this reference. C. The City is proposing to construct the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project ("Project"), which requires the acquisition of the Property. D. City desires to acquire portions of Grantor's property for the construction of the Project. City proposes to acquire 1,972 square feet in Fee Simple and 2,095 square feet in Temporary Construction Easement, both more particularly described in Exhibits B and C attached hereto and incorporated herein by this reference. E. Grantor and City have agreed to execute this Agreement in lieu of condemnation. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, Grantor and City hereby agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full. 2. PURCHASE AND SALE. 2.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Grantor hereby agrees to sell the Property to City, and City hereby agrees to acquire the Property from Grantor. 2.2 Purchase Price. The purchase price for the Property to be paid by City to Grantor (the "Purchase Price") is One Hundred Twenty Six Thousand, Five Hundred Dollars ($126,500). The full amount of the Purchase Price PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 72 shall be paid in immediately available funds to Grantor on the Closing Date (defined below). 2.3 Conveyance Notification. In the event Grantor sells, conveys or assigns any property interest, encumbered by the Agreement prior to City exercising the rights granted herein, Grantor shall notify the successor or assignor of the rights and obligations of both parties as included herein. 2.4 Unexpected Delays. In case of unpredictable delays in construction, upon written notification by City, the terms of the TCE may be extended by an amendment to this Agreement. Grantor shall be compensated based on fair market value as determined by the City using the same methodology as the appraisal. Payment shall be made to the Grantor for the extension prior to the expiration of the original TCE period. 2.5 Miscellaneous Realty Items Acquired. It is understood and agreed by and between the Parties hereto that payment in Section 2.2 above includes, but is not limited to, payment for 240 linear feet (If) wooden fencing, 14 if wooden gate, one automatic gate, 208 brick pavers, 48 square feet (sf) aggregate paving, two tower lights, one chicken coop, 1,282 sf landscaping, one water fountain, and one pergola, which are considered to be part of the realty and are being acquired by the City in this transaction 2.6 City Performed Work. All City performed work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the City or its authorized agent, shall be left in as good condition as found. 2.7 Cost to Cure Damages. It is understood and agreed by and between the Parties hereto that included in the amount payable under Section 2.2 above is payment in full to compensate Grantor for the Grantor's expenses associated with the following work: install 217 if wooden fencing, 14 If wooden gate, one automatic gate, and two tower lights. 3. ESCROW. 3.1 Escrow Account. The Parties shall open an escrow account (the "Escrow") with First American Title Company (the "Escrow Holder"). Escrow Holder shall perform all Escrow and title services in connection with this Agreement. 3.2 Opening of Escrow. Within three (3) business days after the Effective Date, the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto. The date such fully executed Agreement is PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 2 73 received by Escrow Holder will be deemed the "Opening of Escrow" and Escrow Holder will give written notice to the Parties of such occurrence. 3.3 Satisfaction of Due Diligence Contingency. City shall have the right, in its sole and absolute discretion, to terminate this Agreement for any reason prior to the expiration of the "Due Diligence Contingency Period" (as defined in Section 4.2 below). City hereby agrees to provide written notice to Grantor prior to the expiration of the Due Diligence Contingency Period if City disapproves any due diligence items or approves all due diligence items ("City Notice"). If City disapproves any items through the delivery of the City Notice to Grantor before 5:00 p.m. on the last day of the Due Diligence Contingency Period, this Agreement shall terminate, and all amounts deposited by City into Escrow will be returned to City, and neither Party shall have any further rights or obligations hereunder except those which expressly survive the termination hereof. If City fails to timely deliver the City Notice to Grantor, it will be conclusively presumed that City has approved all such items, matters or documents. 4. PROPERTY DISCLOSURE REQUIREMENTS. 4.1 Condition of Title/Preliminary Title Report. Grantor shall cause the Escrow Holder to deliver to City a Preliminary Title Report for the Property (the "Preliminary Report") within ten (10) days after the Effective Date. City shall have thirty (30) days after receipt of the Preliminary Report to approve the Preliminary Report. If there are any changes to the Preliminary Report prior to Closing, City shall have fifteen (15) days after receipt of the revised Preliminary Report to approve such changes. Notwithstanding City's delivery of the City Notice, City agrees to take title to the Property subject to the following "Permitted Exceptions:" (a) standard printed exceptions in the Preliminary Report, (b) general and special real property taxes and assessments constituting a lien not yet due and payable, and (c) any other title exceptions expressly approved by City pursuant to the City Notice. 4.2 Due Diligence Contingency Period. City will have sixty (60) days from the Effective Date (the "Due Diligence Contingency Period") to complete physical inspections of the Property and due diligence related to the purchase of the Property. During the Due Diligence Contingency Period, representatives of City shall have the right of access to all portions of the Property, at all reasonable times, for the purpose of conducting studies, inspections and investigations of the Property and obtaining data and making surveys and tests necessary to carry out this Agreement, including the investigation of the environmental condition of the Property, and geotechnical, seismic, mechanical, and engineering testing. Any such access to the Property by City shall be done at the sole expense of the City and shall be coordinated with Grantor's representatives. Any surveys and tests shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. As soon as practical after the Effective PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 3 74 Date, Grantor shall provide to City copies of all reasonably available and known documents that Grantor has in its possession with respect to the Property. City hereby agrees to indemnify and hold Grantor harmless for any damage to the Property caused (but not merely revealed) by City's inspections. 4.3 Property Disclosure. California Health & Safety Code section 25359.7 requires owners of non-residential real property who know, or have reasonable cause to believe, that any release of hazardous substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Grantor to provide certain disclosures regarding natural hazards affecting the Property. Grantor agrees to disclose to City all material information with respect to the Property and all defects therein known by Grantor, and to make all necessary disclosures required by law. Grantor hereby represents to the best of its knowledge that it is not aware of and has not received any notice or communication from any government agency having jurisdiction over the Property notifying Grantor of the presence of surface or subsurface zone Hazardous Materials in, on, or under the Property or any portion thereof. "Best of its knowledge," as used herein, shall not impose a duty of investigation, and shall be limited to the best knowledge of Grantor employees and agents who manage the Property or have participated in the preparation of this Agreement, and all documents and materials in the possession of Grantor. 4.4 Occupants of the Property. Grantor shall, at no cost or expense to City, be responsible for (i) causing all occupants of the Property (if any) to vacate prior to the Closing, and (ii) for complying and/or causing compliance with all applicable laws and regulations concerning the displacement and/or relocation of all eligible persons from the Property, including without limitation, compliance with the California Relocation Assistance Law, Califomia Government Code Section 7260, et seq., all state and local regulations implementing such laws, and all other applicable state and local laws and regulations. 5. CLOSING AND PAYMENT OF PURCHASE PRICE. 5.1 Closing. The closing ("Closing" or "Close of Escrow") will occur no later than thirty (30) days after the end of the Due Diligence Contingency Period ("Closing Date"). In the event that Closing has not occurred on or prior to the Closing Date, either Party not then in default may, upon five (5) days advance written notice to the other Party, terminate this Agreement and the Escrow. If neither Party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. Upon any termination of this Agreement, neither Party shall have any further rights or obligations hereunder; except for the rights and obligations expressly provided to survive termination of this Agreement. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 4 75 5.2 City's Conditions to Closing. City's obligation to purchase the Property is subject to the satisfaction of all of the following conditions or City's written waiver (in City's sole discretion) of such conditions on or before the Closing Date: (a) Expiration of the Due Diligence Contingency Period with no exercise by City of its rights under this Agreement to terminate this Agreement. (b) Grantor has deposited into the Escrow fully executed "Grant Deed" and "Grant of Temporary Construction Easement" (as defined in Section 5.5(a) below) and all other documents to be submitted by Grantor pursuant to this Agreement, all duly executed by Grantor. (c) City has deposited into the Escrow the Purchase Price and all Escrow fees and costs of the buyer's title policy that are the responsibility of City under Section 5.5(d) below ("City's Escrow and Title Costs"). (d) Grantor's representations and warranties herein are true and correct in all material respects as of the Closing Date. (e) (f) (g) The Title Company is irrevocably committed to issue a CLTA or ALTA Title Policy to City, as selected by City, and such endorsements requested by City, insuring title to City in the full amount of the Purchase Price subject only to the Permitted Exceptions. There shall be no occupants of the Property, and any former occupants shall have received all relocation assistance and benefits as required by law. Grantor has performed all obligations to be performed by Grantor pursuant to this Agreement. 5.3 Grantor's Conditions to Closing. The Close of Escrow and Grantor's obligation to sell and convey the Property to City are subject to the satisfaction of the following conditions or Grantor's written waiver (in Grantor's sole discretion) of such conditions on or before the Closing Date: (a) City has deposited into the Escrow the Purchase Price and City's Escrow and Title Costs. (b) City has deposited into the Escrow a fully executed Acceptance of Grant Deed and Grant of Temporary Construction Easement and all PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 5 76 other documents to be submitted by City pursuant to this Agreement, all duly executed by City. (c) City's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date. (d) City has performed all obligations to be performed by City pursuant to this Agreement before Closing Date. 5.4 Conveyance of Title. Grantor will deliver fee simple title and a temporary construction easement to City at the Closing, subject only to the Permitted Exceptions. 5.5 Deliveries at Closing. (a) (b) Deliveries by Grantor. Grantor shall deposit into the Escrow for delivery to City at Closing: (i) a grant deed (Exhibit B - the "Grant Deed"); (ii) a Grant of Temporary Construction Easement (Exhibit C - the "Grant of TCE"); and (iii) any other documents required for the Escrow. Deliveries by City. No Less than one (1) business day prior to the close of Escrow, City shall deposit into Escrow (i) the acceptance of the Grant Deed and Grant of TCE, and (ii) immediately available funds in the amount equal to the Purchase Price as adjusted by any prorations between the Parties, and City's share of the Escrow and title fees. (c) Closing. Upon Closing, Escrow Holder shall: (i) record the Grant Deed and Grant of TCE; (ii) disburse to Grantor the Purchase Price, less Grantor's share of any Escrow and title fees, costs and expenses; (iii) deliver to City a conformed copy of the original recorded Grant Deed and Grant of TCE; and (iv) distribute to itself the payment of Escrow fees and expenses required hereunder. (d) Closing Costs. City and Grantor shall each be responsible for one- half of all Escrow fees (including the costs of preparing documents and instruments), recording fees, governmental conveyance fees and transfer taxes (if any). Grantor shall be responsible for the portion of the cost of the buyer's title insurance policy equal to the premium for a CLTA buyer's title policy in the amount of the Purchase Price. City shall be responsible for any additional costs of the buyer's title policy, including the incremental cost of an ALTA buyer's policy and the cost of any endorsements requested by City. The parties understand that there will be no recording fees or documentary transfer taxes for this transaction. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 6 77 (e) Property Taxes. Proration of property taxes, if any, will be made at the Close of Escrow. 6. REPRESENTATIONS, WARRANTIES AND COVENANTS. 6.1 Grantor's Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Grantor contained in other sections of this Agreement, Grantor hereby represents, warrants and covenants to City that the statements below in this Section 6.1 are each true and correct as of the Closing Date; provided, however, if to Grantor's actual knowledge any such statement becomes untrue prior to Closing, Grantor will notify City in writing and City will have three (3) business days thereafter to determine if City wishes to proceed with Closing. If City determines it does not wish to proceed, then the terms of Section 6.2 will apply. (a) Authority. Grantor has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Grantor, and upon delivery to and execution by City is a valid and binding agreement of Grantor. Grantor has complied with, and is not required to take any further actions to comply with, state surplus property law requirements, Grantor property conveyance requirements, or any other legal requirements except as provided in this Agreement. (b) Encumbrances. Grantor has not sold, leased, alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any agreement to do so, and there are no liens, encumbrances, mortgages, leases, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property, except as disclosed in the Preliminary Report. Grantor will not, directly or indirectly, sell, lease, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its interest in the Property or any portion thereof prior to the Close of Escrow, as long as this Agreement is in force. (c) Other Agreements. There are no leases, purchase agreements, use agreements, or other agreements affecting the Property except those which have been disclosed by Grantor. There are no agreements affecting the Property which will be binding on the City or the Property after the Close of Escrow, which cannot be terminated on thirty (30) days prior written notice. (d) No Occupants of Property. There are no tenants, occupants or other persons who reside on the Property or have any right to occupy the Property. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 7 78 The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Grantor contained in this Agreement are conditions precedent to City's obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall survive the expiration, termination, or close of Escrow of this Agreement and shall not be deemed merged into the deed upon closing. 6.2 City's Representations and Warranties. In addition to the representations, warranties and covenants of City contained in other sections of this Agreement, City hereby represents, warrants and covenants to Grantor that the statements below in this Section 6.2 are each true as of the Effective Date, and, if to City's actual knowledge any such statement becomes untrue prior to Closing, City shall so notify Grantor in writing and Grantor shall have three (3) business days thereafter to determine if Grantor wishes to proceed with Closing. (a) City has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by City, and upon delivery to and execution by Grantor shall be a valid and binding agreement of City. (b) Upon acquisition of the Property, City intends to use the Property for public purposes, including the construction of Tassajara Road Improvement. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of City contained in this Agreement are conditions precedent to Grantor's obligation to proceed with the Closing hereunder. 7. REMEDIES In the event of a breach or default under this Agreement by Grantor, if such breach or default occurs prior to Close of Escrow, City reserves the right to either (a) seek specific performance from Grantor or (b) to do any of the following: (i) to waive the breach or default and proceed to close as provided herein; (ii) to extend the time for performance and the Closing Date until Grantor is able to perform; or (iii) to terminate this Agreement upon written notice to Grantor, whereupon Grantor shall cause Escrow Holder to return to City any and all sums placed into the Escrow by City, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither Party shall have any further obligations or liabilities hereunder. IN NO EVENT SHALL EITHER PARTY BE ENTITLED TO LOST PROFITS OR CONSEQUENTIAL DAMAGES AS A RESULT OF THE OTHER PARTY'S BREACH OF THIS AGREEMENT, S. BROKERS. Grantor represents that no real estate broker has been retained by Grantor in the sale of the Property or the negotiation of this Agreement. Grantor shall indemnify, hold harmless and defend City from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder's fee, or similar charges arising out of Grantor's conduct. City represents PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 8 79 that no real estate broker has been retained by City in the procurement of the Property or negotiation of this Agreement. City shall indemnify, hold harmless and defend Grantor from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder's fee, or similar charges arising out of City's conduct. 9. MISCELLANEOUS. 9.1 Attorneys' Fees. If any Party employs counsel to enforce or interpret this Agreement, including the commencement of any legal proceeding whatsoever (including insolvency, bankruptcy, arbitration, mediation, declaratory relief or other litigation), the prevailing Party shall be entitled to recover its reasonable attorneys' fees and court costs (including the service of process, filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any bonds, whether taxable or not) and shall include the right to recover such fees and costs incurred in any appeal or efforts to collect or otherwise enforce any judgment in its favor in addition to any other remedy it may obtain or be awarded. Any judgment or final order issued in any legal proceeding shall include reimbursement for all such attorneys' fees and costs. In any legal proceeding, the "prevailing Party" shall mean the Party determined by the court to most nearly prevail and not necessarily the Party in whose favor a judgment is rendered. 9.2 Interpretation. This Agreement has been negotiated at arm's length, each Party has been represented by independent legal counsel in this transaction, and this Agreement has been reviewed and revised by counsel to each of the Parties. Accordingly, each Party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting Party. 9.3 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive Close of Escrow. 9.4 Assignment. Absent an express signed written agreement between the Parties to the contrary, neither Grantor nor City may assign its rights or delegate its duties under this Agreement without the express written consent of the other, which consent may be withheld for any reason. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement. 9.5 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 9 80 9.6 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 9.7 integrated Agreement: Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof and cannot be amended or modified except by a written instrument executed and delivered by the Parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. In addition there are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties upon which any Party is relying upon in entering this Agreement that are not fully expressed herein. 9.8 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, any such provision shall not be affected by the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as expressed herein. 9.9 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either Party desires or is required to give to the other Party or any other person shall be in writing. Any such communication may be served personally, or by nationally recognized overnight delivery service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the Parry's address as set forth below: To City: City of Dublin 100 Civic Plaza Dublin, California 94568 Attn: City Engineer Copy to City Attorney PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 10 81 To Grantor: Javid Roshan and Zarmina Mayar 5868 Tassajara Road Dublin, CA 94568 To Escrow Holder: First American Title Company Attn: Any such communication shall be deemed effective upon personal delivery or on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. Any Party may change its address by notice to the other Party. Each Party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice. 9.10 Time. Time is of the essence to the performance of each and every obligation under this Agreement. 9.11 Days of Week. If any date for exercise of any right, giving of any notice, or performance of any provision of this Agreement falls on a Saturday, Sunday or holiday, the time for performance will be extended to 5:00 p.m. on the next business day. 9.12 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a Party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a Party is required or permitted to give its consent or approval in its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed. 9.13 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. 9.14 Waivers. Any waiver by any Party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any Party. Consent by any Party to any act or omission by another Party shall not be construed to be a consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance. 9.15 Signatures/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 11 82 completely executed counterparts shall be sufficient proof of this Agreement. 9.16 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the Parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between Parties is effective, executed, or delivered, as of the Effective Date. 9.17 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. 9.18 City Approvals. Whenever this Agreement calls for City approval, consent, extension or waiver, the written approval, consent, or waiver of the City's City Manager or his or her designee(s) shall constitute the approval, consent, extension or waiver of the City, without further authorization required from the City's City Council. The City hereby authorizes the City Manager and his or her designee(s)-to deliver any such approvals, consents, or extensions or waivers as are required by this Agreement, or that do not otherwise reduce City's rights under this Agreement, and to waive requirements under this Agreement, on behalf of the City. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 12 83 IN WITNESS WHEREOF, this Agreement is executed by City and Grantor as of the Effective Date. CITY OF DUBLIN, a California municipal corporation By: Name: Linda Smith Its: City Manager Attest: City Clerk Reviewed as to Form: City Attorney JAVID ROSHAN AND ZARMINA MAYAR husband and wife as joint tenants By: Name: Javid Roshan By: Name: Zarmina Mayar PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 13 84 EXHIBIT A Real property in the City of Dublin, County of Alameda, State of California, described as follows: BEGINNING AT A POINT ON THE WE51 bRN LINE OF TASSAJARA ROAD OR COUNTY ROAD NO. 2568, AT THE SOUTHERN END OF THE 69TH COURSE DESIGNATED AS SOUTH 2 DEGREES 41' 15" WEST 100 FEET, IN THE DECREE RENDERED IN THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA, SOUTHERN DIVISION IN CASE NO. 22352-RECORDED (CERTIFIED COPY OF WHICH DECREE WAS RECORDED JUNE 8, 1945, BOOK 4721, PAGE 182, SERIES NO. SS-36105), ALAMEDA COUNTY RECORDS; RUNNING THENCE NORTH 86 DEGREES 23' 15" WEST 218.81 FEET; THENCE SOUTH 57 DEGREES 09' 56" WEST 368.18 FEET; THENCE SOUTH 86 DEGREES 54' 30" EAST 518.45 FEET TO SAID LINE OF TASSAJARA ROAD; AND THENCE ALONG THE LAST NAMED LINE NORTH 2 DEGREES, 41' 15" EAST 214.04 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: ALL THAT REAL PROPERTY DESCRIBED IN THE GRANT DEED FROM WILLIAM F. ALGER AND VIRGINIA ALGER TO EAST BAY REGIONAL PARK DISTRICT, FEBRUARY 3, 1977, REEL 4707, IMAGE 646, ALAMEDA COUNTY RECORDS. APN:986-0028-002 85 EXHIBIT B Recording Requested By: City of Dublin No Fee for recording pursuant to Government Code Sections 6103 and 27383 When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 APN: 986-0028-002-00 (portion of) SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED (FOR ROADWAY PURPOSES) TASSAJARA ROAD IMPROVEMENTS -NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL For valuable consideration, the receipt of which is hereby acknowledged, Javid Roshan and Zarmina Mayar, husband and wife as joint tenants (the "GRANTOR"), being the present title owner(s) of record of the herein described parcel of land, does hereby grant in fee title to the City of Dublin, a California municipal corporation ("GRANTEE"), for public roadway. purposes that portion of the real property situated in the City of Dublin, County of Alameda, State of California, Assessor's Parcel No. 986-0028-002-00, described in Exhibit "A" (legal description) and depicted in Exhibit "B" (plat map) attached hereto and incorporated herein. IN WITNESS THEREOF, the Grantor has properly executed this Grant Deed as of day of , 202 . GRANTOR: Javid Roshan and Zarmina Mayar husband and wife as joint tenants By: Name: Javid Roshan By: Name: Zarmina Mayar 86 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 87 November 7, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: FEE ACQUISITION Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of.lavid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E, 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek fled for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537,36 feet; Thence perpendicular to the last described course.. North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road, said point also bring the TRUE POINT OF BEGINING; Thence along the said westerly line, South 3°24'16" West, 214.04 feet; Thence along the southerly line of said lands (2013-350453), North 86° 11'29" West, 9.00 feet; Thence leaving said southerly Tine along the following five (5) courses: 1) North 3°24' l 6" East. 130.50 feet; 2) North 86°35'44" West. 0.67 feet; 3) North 3°24'16" East, 69,11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East. 14.51 feet to the northerly line of said lands; Thence along said northerly line, South 85°40' 14" East, 9.00 feet to the TRUE POINT OF BEGINNING. Containing i,972 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 68(08 Dated 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com Page 1 of 1 88 Plot Nov 07. 2022 at 3:19pm LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT — LOT LINE DEDICATION LIMITS J 40 LINE TABLE LINE DIRECTION LENGTH L1 N8611'29"W 9.00' L2 N86'35'44"W 0.67' L3 S86'35'44"E 0.67' L4 NO3'24'16"E 14.51' L5 S85'40'14"E 9.00' LANDS OF JAVID ROSHAN AND ZARMINA MAYAR DEED 2013-350453 APN: 986-23-2 N3'24'16"E 130.50' L2 N3'24'16"E 69.11' L4 0 S3'24'16"W 214.04' FEE ACQUISITION 1,972 SQ.FT.± 40 scale 1" = 40' feet /1 TPOB N86°35'44'W 33.00' N3'24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD 1n J S3'24'16'W 537.36' BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.hkf.com Subject EXHIBITB FEE ACQUISITION Job No . 20190525 By KH Date 11/7/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT 20Z1 BKF ENGINEERS 89 CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN This Certificate of Acceptance by the City of Dublin (hereinafter "Acceptance") is made by the CITY OF DUBLIN, a municipal corporation (hereinafter "City"). RECITAL On , JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS ("Grantor") executed the document entitled Grant Deed ("Grant"), by which the Grantor conveyed an interest in real property to the City. The real property is described more particularly in the Grant, and is generally described as assessor's parcel number 986-0028-02, Dublin, California ("Property"). NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES: The interest in the Property conveyed by the Grant from Grantor to the City is hereby accepted by the undersigned officer on behalf of the City, and the City hereby consents to recordation thereof by its duly authorized officer. CITY OF DUBLIN By: Title: Date: 90 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. 1 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. Notary Public (Seal) 91 EXHIBIT C RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 Exempt from recording fee per Govt. Code §27383 & §6103 No Tax Due Exempt Transfer Rev & Tax Code §11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF TEMPORARY CONSTRUCTION EASEMENT JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS PROPERTY PORTION OF APN 986-28-2 5868 TASSAJARA ROAD, DUBLIN, CA TASSAJARA ROAD IMPROVEMENTS - NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT TITLE OF DOCUMENT THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6) 92 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Agreement") is entered into as of , 2024 (the "Effective Date"), by and between the CITY OF DUBLIN, a California municipal corporation ("City"), and JAVID ROSHAN AND ZARMINA MAYAR, husband and wife as joint tenants ("Grantor"). Grantor and City are individually referred to herein as a "Party," and collectively referred to herein as the "Parties." RECITALS A. Grantor is the owner of certain real property located in the City of Dublin, California, designated as APN 986-0028-002 (the "Property"). B. The Property is approximately 1.00 acres (43,560 square feet) in size. The site is vacant. The Property is more particularly described in Exhibit A attached hereto and incorporated herein by this reference. C. The City is proposing to construct the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project ("Project"), which requires the acquisition of the Property. D, City desires to acquire portions of Grantor's property for the construction of the Project. City proposes to acquire 1,972 square feet in Fee Simple and 2,095 square feet in Temporary Construction Easement, both more particularly described in Exhibits B and C attached hereto and incorporated herein by this reference. E. Grantor and City have agreed to execute this Agreement in lieu of condemnation. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, Grantor and City hereby agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full. 2. PURCHASE AND SALE. 2.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Grantor hereby agrees to sell the Property to City, and City hereby agrees to acquire the Property from Grantor. 2.2 Purchase Price. The purchase price for the Property to be paid by City to Grantor (the "Purchase Price") is One Hundred Twenty Six Thousand, Five Hundred Dollars ($126,500). The full amount of the Purchase Price PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 93 shall be paid in immediately available funds to Grantor on the Closing Date (defined below). 2.3 Conveyance Notification. In the event Grantor sells, conveys or assigns any property interest, encumbered by the Agreement prior to City exercising the rights granted herein, Grantor shall notify the successor or assignor of the rights and obligations of both parties as included herein. 2.4 Unexpected Delays. In case of unpredictable delays in construction, upon written notification by City, the terms of the TCE may be extended by an amendment to this Agreement. Grantor shall be compensated based on fair market value as determined by the City using the same methodology as the appraisal. Payment shall be made to the Grantor for the extension prior to the expiration of the original TCE period. 2.5 Miscellaneous Realty Items Acquired. It is understood and agreed by and between the Parties hereto that payment in Section 2.2 above includes, but is not limited to, payment for 240 linear feet (If) wooden fencing, 14 if wooden gate, one automatic gate, 208 brick pavers, 48 square feet (sf) aggregate paving, two tower lights, one chicken coop, 1,282 sf landscaping, one water fountain, and one pergola, which are considered to be part of the realty and are being acquired by the City in this transaction 2.6 City Performed Work. All City performed work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the City or its authorized agent, shall be left in as good condition as found. 2.7 Cost to Cure Damages. It is understood and agreed by and between the Parties hereto that included in the amount payable under Section 2.2 above is payment in full to compensate Grantor for the Grantor's expenses associated with the following work: install 217 if wooden fencing, 14 if wooden gate, one automatic gate, and two tower lights. 3. ESCROW. 3.1 Escrow Account. The Parties shall open an escrow account (the "Escrow") with First American Title Company (the "Escrow Holder"). Escrow Holder shall perform all Escrow and title services in connection with this Agreement. 3.2 Opening of Escrow. Within three (3) business days after the Effective Date, the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto. The date such fully executed Agreement is PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 2 94 received by Escrow Holder will be deemed the "Opening of Escrow" and Escrow Holder will give written notice to the Parties of such occurrence. 3.3 Satisfaction of Due Diligence Contingency. City shall have the right, in its sole and absolute discretion, to terminate this Agreement for any reason prior to the expiration of the "Due Diligence Contingency Period" (as defined in Section 4.2 below). City hereby agrees to provide written notice to Grantor prior to the expiration of the Due Diligence Contingency Period if City disapproves any due diligence items or approves all due diligence items ("City Notice"). If City disapproves any items through the delivery of the City Notice to Grantor before 5:00 p.m. on the last day of the Due Diligence Contingency Period, this Agreement shall terminate, and all amounts deposited by City into Escrow will be returned to City, and neither Party shall have any further rights or obligations hereunder except those which expressly survive the termination hereof. If City fails to timely deliver the City Notice to Grantor, it will be conclusively presumed that City has approved all such items, matters or documents. 4. PROPERTY DISCLOSURE REQUIREMENTS. 4.1 Condition of Title/Preliminary Title Report. Grantor shall cause the Escrow Holder to deliver to City a Preliminary Title Report for the Property (the "Preliminary Report") within ten (10) days after the Effective Date. City shall have thirty (30) days after receipt of the Preliminary Report to approve the Preliminary Report. If there are any changes to the Preliminary Report prior to Closing, City shall have fifteen (15) days after receipt of the revised Preliminary Report to approve such changes. Notwithstanding City's delivery of the City Notice, City agrees to take title to the Property subject to the following "Permitted Exceptions:" (a) standard printed exceptions in the Preliminary Report, (b) general and special real property taxes and assessments constituting a lien not yet due and payable, and (c) any other title exceptions expressly approved by City pursuant to the City Notice. 4.2 Due Diligence Contingency Period. City will have sixty (60) days from the Effective Date (the "Due Diligence Contingency Period") to complete physical inspections of the Property and due diligence related to the purchase of the Property. During the Due Diligence Contingency Period, representatives of City shall have the right of access to all portions of the Property, at all reasonable times, for the purpose of conducting studies, inspections and investigations of the Property and obtaining data and making surveys and tests necessary to carry out this Agreement, including the investigation of the environmental condition of the Property, and geotechnical, seismic, mechanical, and engineering testing. Any such access to the Property by City shall be done at the sole expense of the City and shall be coordinated with Grantor's representatives. Any surveys and tests shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. As soon as practical after the Effective PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 3 95 Date, Grantor shall provide to City copies of all reasonably available and known documents that Grantor has in its possession with respect to the Property. City hereby agrees to indemnify and hold Grantor harmless for any damage to the Property caused (but not merely revealed) by City's inspections. 4.3 Property Disclosure. California Health & Safety Code section 25359.7 requires owners of non-residential real property who know, or have reasonable cause to believe, that any release of hazardous substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Grantor to provide certain disclosures regarding natural hazards affecting the Property. Grantor agrees to disclose to City all material information with respect to the Property and all defects therein known by Grantor, and to make all necessary disclosures required by law. Grantor hereby represents to the best of its knowledge that it is not aware of and has not received any notice or communication from any government agency having jurisdiction over the Property notifying Grantor of the presence of surface or subsurface zone Hazardous Materials in, on, or under the Property or any portion thereof. "Best of its knowledge," as used herein, shall not impose a duty of investigation, and shall be limited to the best knowledge of Grantor employees and agents who manage the Property or have participated in the preparation of this Agreement, and all documents and materials in the possession of Grantor. 4.4 Occupants of the Property. Grantor shall, at no cost or expense to City, be responsible for (i) causing all occupants of the Property (if any) to vacate prior to the Closing, and (ii) for complying and/or causing compliance with all applicable laws and regulations concerning the displacement and/or relocation of all eligible persons from the Property, including without limitation, compliance with the California Relocation Assistance Law, California Government Code Section 7260, et seq., all state and local regulations implementing such laws, and all other applicable state and local laws and regulations. 5. CLOSING AND PAYMENT OF PURCHASE PRICE. 5.1 Closing. The closing ("Closing" or "Close of Escrow") will occur no later than thirty (30) days after the end of the Due Diligence Contingency Period ("Closing Date"). In the event that Closing has not occurred on or prior to the Closing Date, either Party not then in default may, upon five (5) days advance written notice to the other Party, terminate this Agreement and the Escrow. If neither Party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. Upon any termination of this Agreement, neither Party shall have any further rights or obligations hereunder; except for the rights and obligations expressly provided to survive termination of this Agreement. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 4 96 5.2 City's Conditions to Closing. City's obligation to purchase the Property is subject to the satisfaction of all of the following conditions or City's written waiver (in City's sole discretion) of such conditions on or before the Closing Date: (a) Expiration of the Due Diligence Contingency Period with no exercise by City of its rights under this Agreement to terminate this Agreement. (b) Grantor has deposited into the Escrow fully executed '`Grant Deed" and "Grant of Temporary Construction Easement" (as defined in Section 5.5(a) below) and all other documents to be submitted by Grantor pursuant to this Agreement, all duly executed by Grantor. (c) City has deposited into the Escrow the Purchase Price and all Escrow fees and costs of the buyer's title policy that are the responsibility of City under Section 5.5(d) below ("City's Escrow and Title Costs"). (d) Grantor's representations and warranties herein are true and correct in all material respects as of the Closing Date. (e) The Title Company is irrevocably committed to issue a CLTA or ALTA Title Policy to City, as selected by City, and such endorsements requested by City, insuring title to City in the full amount of the Purchase Price subject only to the Permitted Exceptions. (f) There shall be no occupants of the Property, and any former occupants shall have received all relocation assistance and benefits as required by law. (g) Grantor has performed all obligations to be performed by Grantor pursuant to this Agreement. 5.3 Grantor's Conditions to Closing. The Close of Escrow and Grantor's obligation to sell and convey the Property to City are subject to the satisfaction of the following conditions or Grantor's written waiver (in Grantor's sole discretion) of such conditions on or before the Closing Date: (a) City has deposited into the Escrow the Purchase Price and City's Escrow and Title Costs. (b) City has deposited into the Escrow a fully executed Acceptance of Grant Deed and Grant of Temporary Construction Easement and all PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 5 97 other documents to be submitted by City pursuant to this Agreement, all duly executed by City. (c) City's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date. (d) City has performed all obligations to be performed by City pursuant to this Agreement before Closing Date. 5.4 Conveyance of Title. Grantor will deliver fee simple title and a temporary construction easement to City at the Closing, subject only to the Permitted Exceptions. 5.5 Deliveries at Closing. (a) Deliveries by Grantor. Grantor shall deposit into the Escrow for delivery to City at Closing: (i) a grant deed (Exhibit B - the "Grant Deed"); (ii) a Grant of Temporary Construction Easement (Exhibit C - the "Grant of TCE"); and (iii) any other documents required for the Escrow. (b) Deliveries by City. No less than one (1) business day prior to the close of Escrow, City shall deposit into Escrow (i) the acceptance of the Grant Deed and Grant of TCE, and (ii) immediately available funds in the amount equal to the Purchase Price as adjusted by any prorations between the Parties, and City's share of the Escrow and title fees. (c) Closing. Upon Closing, Escrow Holder shall: (i) record the Grant Deed and Grant of TCE; (ii) disburse to Grantor the Purchase Price, less Grantor's share of any Escrow and title fees, costs and expenses; (iii) deliver to City a conformed copy of the original recorded Grant Deed and Grant of TCE; and (iv) distribute to itself the payment of Escrow fees and expenses required hereunder. (d) Closing Costs. City and Grantor shall each be responsible for one- half of all Escrow fees (including the costs of preparing documents and instruments), recording fees, governmental conveyance fees and transfer taxes (if any). Grantor shall be responsible for the portion of the cost of the buyer's title insurance policy equal to the premium for a CLTA buyer's title policy in the amount of the Purchase Price. City shall be responsible for any additional costs of the buyer's title policy. including the incremental cost of an ALTA buyer's policy and the cost of any endorsements requested by City. The parties understand that there will be no recording fees or documentary transfer taxes for this transaction. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW TNSTRUCTIONS 6 98 (e) Property Taxes. Proration of property taxes, if any, will be made at the Close of Escrow. 6. REPRESENTATIONS, WARRANTIES AND COVENANTS. 6.1 Grantor's Representations. Warranties and Covenants. In addition to the representations, warranties and covenants of Grantor contained in other sections of this Agreement, Grantor hereby represents, warrants and covenants to City that the statements below in this Section 6.1 are each true and correct as of the Closing Date; provided, however, if to Grantor's actual knowledge any such statement becomes untrue prior to Closing, Grantor will notify City in writing and City will have three (3) business days thereafter to determine if City wishes to proceed with Closing. If City determines it does not wish to proceed, then the terms of Section 6.2 will apply. (a) Authority. Grantor has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Grantor, and upon delivery to and execution by City is a valid and binding agreement of Grantor. Grantor has complied with, and is not required to take any further actions to comply with, state surplus property law requirements, Grantor property conveyance requirements, or any other legal requirements except as provided in this Agreement. (b) Encumbrances. Grantor has not sold, leased, alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any agreement to do so, and there are no liens, encumbrances, mortgages, leases, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property, except as disclosed in the Preliminary Report. Grantor will not, directly or indirectly, sell, lease, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its interest in the Property or any portion thereof prior to the Close of Escrow, as long as this Agreement is in force. (c) Other Agreements. There are no leases, purchase agreements, use agreements, or other agreements affecting the Property except those which have been disclosed by Grantor. There are no agreements affecting the Property which will be binding on the City or the Property after the Close of Escrow, which cannot be terminated on thirty (30) days prior written notice, (d) No Occupants of Property. There are no tenants, occupants or other persons who reside on the Property or have any right to occupy the Property. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 7 99 The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Grantor contained in this Agreement are conditions precedent to City's obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall survive the expiration, termination, or close of Escrow of this Agreement and shall not be deemed merged into the deed upon closing_ 6.2 City's Representations and Warranties. In addition to the representations, warranties and covenants of City contained in other sections of this Agreement, City hereby represents, warrants and covenants to Grantor that the statements below in this Section 6.2 are each true as of the Effective Date, and, if to City's actual knowledge any such statement becomes untrue prior to Closing, City shall so notify Grantor in writing and Grantor shall have three (3) business days thereafter to determine if Grantor wishes to proceed with Closing. (a) City has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by City, and upon delivery to and execution by Grantor shall be a valid and binding agreement of City. (b) Upon acquisition of the Property, City intends to use the Property for public purposes, including the construction of Tassajara Road Improvement. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of City contained in this Agreement are conditions precedent to Grantor's obligation to proceed with the Closing hereunder. 7. REMEDIES In the event of a breach or default under this Agreement by Grantor, if such breach or default occurs prior to Close of Escrow, City reserves the right to either (a) seek specific performance from Grantor or (b) to do any of the following: (i) to waive the breach or default and proceed to close as provided herein; (ii) to extend the time for performance and the Closing Date until Grantor is able to perform; or (iii) to terminate this Agreement upon written notice to Grantor, whereupon Grantor shall cause Escrow Holder to return to City any and all sums placed into the Escrow by City, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither Party shall have any further obligations or liabilities hereunder. IN NO EVENT SHALL EITHER PARTY BE ENTITLED TO LOST PROFITS OR CONSEQUENTIAL DAMAGES AS A RESULT OF THE OTHER PARTY'S BREACH OF THIS AGREEMENT. 8, BROKERS. Grantor represents that no real estate broker has been retained by Grantor in the sale of the Property or the negotiation of this Agreement. Grantor shall indemnify, hold harmless and defend City from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder's fee, or similar charges arising out of Grantor's conduct. City represents PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 8 100 that no real estate broker has been retained by City in the procurement of the Property or negotiation of this Agreement. City shall indemnify, hold harmless and defend Grantor from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder's fee, or similar charges arising out of City's conduct. 9. MISCELLANEOUS. 9.1 Attorneys' Fees. If any Party employs counsel to enforce or interpret this Agreement, including the commencement of any legal proceeding whatsoever (including insolvency, bankruptcy, arbitration, mediation, declaratory relief or other litigation), the prevailing Party shall be entitled to recover its reasonable attorneys' fees and court costs (including the service of process, filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any bonds, whether taxable or not) and shall include the right to recover such fees and costs incurred in any appeal or efforts to collect or otherwise enforce any judgment in its favor in addition to any other remedy it may obtain or be awarded. Any judgment or final order issued in any legal proceeding shall include reimbursement for all such attorneys' fees and costs. In any legal proceeding, the "prevailing Party" shall mean the Party determined by the court to most nearly prevail and not necessarily the Party in whose favor a judgment is rendered. 9.2 Interpretation. This Agreement has been negotiated at ann's length, each Party has been represented by independent legal counsel in this transaction, and this Agreement has been reviewed and revised by counsel to each of the Parties. Accordingly, each Party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting Party. 9.3 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive Close of Escrow. 9.4 Assignment. Absent an express signed written agreement between the Parties to the contrary, neither Grantor nor City may assign its rights or delegate its duties under this Agreement without the express written consent of the other, which consent may be withheld for any reason. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement. 9.5 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 9 101 9.6 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 9.7 Integrated Agreement; Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof and cannot be amended or modified except by a written instrument executed and delivered by the Parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. In addition there are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties upon which any Party is relying upon in entering this Agreement that are not fully expressed herein. 9.8 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, any such provision shall not be affected by the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as expressed herein. 9.9 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either Party desires or is required to give to the other Party or any other person shall be in writing. Any such communication may be served personally, or by nationally recognized overnight delivery service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the Party's address as set forth below: To City: City of Dublin 100 Civic Plaza Dublin, California 94568 Attn: City Engineer Copy to City Attorney PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 10 102 To Grantor: Javid Roshan and Zannina Mayar 5868 Tassajara Road Dublin, CA 94568 To Escrow Holder; First American Title Company Attn: Any such communication shall be deemed effective upon personal delivery or on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. Any Party may change its address by notice to the other Party. Each Party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice. 9.10 Time. Time is of the essence to the performance of each and every obligation under this Agreement. 9.11 Days of Week. If any date for exercise of any right, giving of any notice, or performance of any provision of this Agreement falls on a Saturday, Sunday or holiday, the time for performance will be extended to 5:00 p.m. on the next business day. 9.12 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a Party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a Party is required or permitted to give its consent or approval in its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed. 9.13 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. 9.14 Waivers. Any waiver by any Party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any Party. Consent by any Party to any act or omission by another Party shall not be construed to be a consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance. 9.15 Signatures/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 11 103 completely executed counterparts shall be sufficient proof of this Agreement. 9.16 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the Parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between Parties is effective, executed, or delivered, as of the Effective Date, 9.17 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. 9.18 City Approvals. Whenever this Agreement calls for City approval, consent, extension or waiver, the written approval, consent, or waiver of the City's City Manager or his or her designee(s) shall constitute the approval, consent, extension or waiver of the City, without further authorization required from the City's City Council. The City hereby authorizes the City Manager and his or her designee(s) to deliver any such approvals, consents, or extensions or waivers as are required by this Agreement, or that do not otherwise reduce City's rights under this Agreement, and to waive requirements under this Agreement, on behalf of the City. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 12 104 IN WITNESS WHEREOF, this Agreement is executed by City and Grantor as of the Effective Date. CITY OF DUBLIN, a California municipal corporation By: Name: Linda Smith Its: City Manager Attest: City Clerk Reviewed as to Form: City Attorney JAVID ROSHAN AND ZARMINA MAYAR husband and wife as joint tenants By: Name: Javid Roshan By: Name: Zarmina Mayar PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 13 105 EXHIBIT A Real property in the City of Dublin, County of Alameda, State of California, described as follows: BEGINNING AT A POINT ON THE WESTERN LINE OF TASSAJARA ROAD OR COUNTY ROAD NO. 2568, AT THE SOUTHERN END OF THE 69TH COURSE DESIGNATED AS SOUTH 2 DEGREES 41' 15" WEST 100 FEET, IN THE DECREE RENDERED IN THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA, SOUTHERN DIVISION IN CASE NO. 22352-RECORDED (CERTIFIED COPY OF WHICH DECREE WAS RECORDED JUNE 8, 1945, BOOK 4721, PAGE 182, SERIES NO. SS-36105), ALAMEDA COUNTY RECORDS; RUNNING THENCE NORTH 86 DEGREES 23' 15" WEST 218.81 FEET; THENCE SOUTH 57 DEGREES 09' 56" WEST 368.18 FEET; THENCE SOUTH 86 DEGREES 54' 30" EAST 518.45 FEET TO SAID LINE OF TASSAJARA ROAD; AND THENCE ALONG THE LAST NAMED LINE NORTH 2 DEGREES, 41' 15" EAST 214.04 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: ALL THAT REAL PROPERTY DESCRIBED IN THE GRANT DEED FROM WILLIAM F. ALGER AND VIRGINIA ALGER TO EAST BAY REGIONAL PARK DISTRICT, FEBRUARY 3, 1977, REEL 4707, IMAGE 646, ALAMEDA COUNTY RECORDS. APN: 986-0028-002 106 EXHIBIT B Recording Requested By: City of Dublin No Fee for recording pursuant to Government Code Sections 6103 and 27383 When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 APN: 986-0028-002-00 (portion of) SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED (FOR ROADWAY PURPOSES) TASSAJARA ROAD IMPROVEMENTS -NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL For valuable consideration, the receipt of which is hereby acknowledged, Javid Roshan and Zarmina Mayar, husband and wife as joint tenants (the "GRANTOR"), being the present title owner(s) of record of the herein described parcel of land, does hereby grant in fee title to the City of Dublin, a California municipal corporation ("GRANTEE"), for public roadway. purposes that portion of the real property situated in the City of Dublin, County of Alameda, State of California, Assessor's Parcel No. 986-0028-002-00, described in Exhibit "A" (legal description) and depicted in Exhibit "B" (plat map) attached hereto and incorporated herein. IN WITNESS THEREOF, the Grantor has properly executed this Grant Deed as of day of , 202 . GRANTOR: Javid Roshan and Zarmina Mayar husband and wife as joint tenants By: Name: Javid Roshan By: Name: Zarmina Mayar 107 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. STATE OF CALIFORNIA COUNTY OF ) ss } On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 108 November 7, 2022 BM' Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: FEE ACQUISITION Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands ofiavid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31. 2013 as Document Number 2013-350453. in the Office of the County Recorder of Alameda County. more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24' 16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24' 16" East, 537.36 feet; Thence perpendicular to the last described course. North 86'35'44" West 33.00 feet to the westerly line of Tassajara Road, said point also bring the TRUE POINT OF BEGINING; Thence along the said westerly line, South 3°24116" West, 214.04 feet; Thence along the southerly line of said lands (20 1 3-350453 ). North 86° 1 1'29" West. 9.00 feet: Thence leaving said southerly line along the following five (5) courses: I) North 3°24'16" East. 130.50 feet; 2) North 86°35'44" West. 0.67 feet; 3) North 3°24' l 6" East, 69, I I feet; 4) South 86°35'44" East. 0.67 feet; 5) North 3°24' l6" East. 14.51 feet to the northerly line of said lands: Thence along said northerly line. South 85°40'14" East, 9.00 feet to the TRUE POINT OF BEGINNING. Containing 1,972 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh. P.L.S. No. 6868 Dated 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www,bkf.com Page 1 of 1 109 PinNov L 7. 20;!2 LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE = DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N8611'29"W 9.00' L2 N86'35'44'W 0.67' L3 S86'35'44"E 0.67' L4 NO3'24216"E 14.51' L5 S85'40'14"E 9.00' LANDS OF JAVID ROSHAN AND ZARMINA MAYAR DEED 2013--350453 APN: 986-28-2 N3'24'16"E 130.50' L2 N3°24'16"E 69.11' L4 L3S� ag o 1"=40' S3'24'16"W 214.04' FEE ACQUISITION 1,972 SQ.FT.± TPOB N86°35'44"W,--9-' 33.00' N3.24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 {925) 396-7700 www bkf corn Subject EXHIBIT B FEE ACQUISITION Job No. 20190525 By KH Date 11/7/2022 Ch'kd.WS SHEET 1 OF 1 94525 DOG PLAT dw4 COPYRIGHT 2021 BKF ENGINEERS 110 CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN This Certificate of Acceptance by the City of Dublin (hereinafter "Acceptance") is made by the CITY OF DUBLIN, a municipal corporation (hereinafter "City"). RECITAL On , JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS ("Grantor") executed the document entitled Grant Deed ("Grant"), by which the Grantor conveyed an interest in real property to the City. The real property is described more particularly in the Grant, and is generally described as assessor's parcel number 986-0028-02, Dublin, California ("Property"). NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES: The interest in the Property conveyed by the Grant from Grantor to the City is hereby accepted by the undersigned officer on behalf of the City, and the City hereby consents to recordation thereof by its duly authorized officer. CITY OF DUBLIN By: Title: Date: 111 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 112 EXHIBIT C RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL. TO: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 Exempt from recording fee per Govt. Code §27383 & §6103 No Tax Due Exempt Transfer Rev & Tax Code §11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF TEMPORARY CONSTRUCTION EASEMENT JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS PROPERTY PORTION OF APN 986-28-2 5868 TASSAJARA ROAD, DUBLIN, CA TASSAJARA ROAD IMPROVEMENTS - NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT TITLE OF DOCUMENT THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6) 113 Recording Requested By: City of Dublin No Fee for recording pursuant to Government Code Sections 6103 and 27383 When Recorded Mail To: City Clerk City of Dublin l00 Civic Plaza Dublin, CA 94568 APN: 986-0028-002-00 (portion of) SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED (FOR ROADWAY PURPOSES) TASSAJARA ROAD IMPROVEMENTS -NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL For valuable consideration, the receipt of which is hereby acknowledged, Javid Roshan and Zarmina Mayar, husband and wife as joint tenants (the "GRANTOR"), being the present title owner(s) of record of the herein described parcel of land, does hereby grant in fee title to the City of Dublin, a California municipal corporation ("GRANTEE"), for public roadway. purposes that portion of the real property situated in the City of Dublin, County of Alameda, State of California, Assessor's Parcel No. 986-0028-002-00, described in Exhibit "A" (Iegal description) and depicted in Exhibit "B" (plat map) attached hereto and incorporated herein. IN WITNESS THEREOF, the Grantor has properly executed this Grant Deed as of day of , 202 . GRANTOR: Javid Roshan and Zarmina Mayar husband and wife as joint tenants By: Name: Javid Roshan By: Name: Zarmina Mayar 114 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. STATE OF CALIFORNIA ) ) ss COUNTY OF ) On before me , Notary Public, personally appeared 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. Notary Public (Seal) 115 November 7, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: FEE ACQUISITION Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarrnina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24' 16'E 2057.321(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24' 16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road, said point also bring the TRUE POINT OF BEGINING; Thence along the said westerly line, South 3°24' 16" West, 214.04 feet; Thence along the southerly line of said lands (2013-350453), North 86°11'29" West, 9.00 feet; Thence leaving said southerly line along the following five (5) courses: 1) North 3°24' 16" East, 130.50 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24' 16" East, 69,11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24' 16" East, 14.51 feet to the northerly line of said lands; Thence along said northerly line, South 85°40'14" East, 9.00 feet to the TRUE POINT OF BEGINNING. Containing 1,972 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com Page 1 of 1 116 z LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT LOT LINE DEDICATION LIMITS CQ LINE TABLE LINE DIRECTION LENGTH L1 N86'11'29"W 9.00' L2 N86'35'44"W 0.67' L3 S86'35'44'E 0.67' L4 NO3'24'16"E 14.51' L5 S85'40'14"E 9.00' LANDS OF JAUID ROSHAN AND ZARMINA MAYAR DEED 20I3-350453 APN: 985-28-2 N3'24'16"E 130.50' L2 N3°24'16"E 69.11' L4 ao 1' 40' ,eet BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www bkf.c.om S3'24'16"W 214.04' FEE ACQUISITION 1,972 SQ.FT.± TPOB N86'35'44"W 33.00' N3'24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD Subject EXHIBIT B FEE ACQUISITION �n S3'24'16"W 537.36' En r— Q T, to QC3 va�r. w1 4rn 00 N 4 Q 'Q z Poc Job No. 20190525 By KH Date 11/7/2022 Chkd . WS SHEET 1 OF 1 190525_OOC_P LAT.dwg COPYRIGHT © 202) 3KF ENGINEERS 117 CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN This Certificate of Acceptance by the City of Dublin (hereinafter "Acceptance") is made by the CITY OF DUBLIN, a municipal corporation (hereinafter "City"). RECITAL On , JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS ("Grantor") executed the document entitled Grant Deed ('Grant"), by which the Grantor conveyed an interest in real property to the City. The real property is described more particularly in the Grant, and is generally described as assessor's parcel number 986-0028-02, Dublin, California ("Property"). NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES: The interest in the Property conveyed by the Grant from Grantor to the City is hereby accepted by the undersigned officer on behalf of the City, and the City hereby consents to recordation thereof by its duly authorized officer. CITY OF DUBLIN By: Title: Date: 118 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. STATE OF CALIFORNIA COUNTY OF ) ss } On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 119 RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 Exempt from recording fee per Govt. Code §27383 & §6103 No Tax Due Exempt Transfer Rev & Tax Code §11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF TEMPORARY CONSTRUCTION EASEMENT JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS PROPERTY PORTION OF APN 986-28-2 5868 TASSAJARA ROAD, DUBLIN, CA TASSAJARA ROAD IMPROVEMENTS - NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT TITLE OF DOCUMENT THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6) 120 Recorded at the request of: City of Dublin Return to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 APN: Portion of 986-28-1 GRANT OF TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions executed by the parties hereto on or about the date hereof (AGREEMENT), the undersigned, JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS (GRANTOR), hereby grants to the CITY OF DUBLIN, A Municipal Corporation (CITY), and its successors and assigns a Temporary Construction Easement, over, across, under and through the real property situated in the City of Dublin, County of Alameda, State of California, described in Exhibit A, attached hereto (EASEMENT AREA) for public road construction and conformance purposes related to the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School (PROJECT). The CITY's rights under the easement granted hereby shall include, without limitation, the right of the CITY, its officers, agents, contractors, and employees, and other governmental agencies responsible for review or construction of any portion of the PROJECT and such agencies' officers, agents, contractors, and employees, to enter upon the EASEMENT AREA with personnel, vehicles and equipment for construction of the PROJECT, and ail other activities related thereto, to remove all improvements, trees and vegetation thereon that interfere with the purpose for which this easement is granted, to conform the EASEMENT AREA to the PROJECT, and do any and all other actions necessary and appropriate to the construction of the PROJECT. If improvements in the EASEMENT AREA are removed pursuant to this Temporary Construction Easement, such improvements will be reconstructed at the CITY's sole expense upon the termination of the Temporary Construction Easement and will be restored to their original condition or as close thereto as is feasible. If reconstruction is not feasible, the CITY will pay GRANTOR the value of such improvements, which payment shall be in addition to the compensation set forth in the AGREEMENT, This Temporary Construction Easement is for a period of twelve (12) months, to commence upon fourteen (14) days written notice from the CITY to GRANTOR, and shall terminate 12 months after such commencement. In the event the CITY occupies the Temporary Construction Easement area beyond the 12 months, the CITY shall pay GRANTOR additional compensation pursuant to the provisions of the AGREEMENT. In no event shall this Temporary Construction Easement extend beyond the completion of construction. At no additional cost to the CITY, the CITY shall have the right to enter upon GRANTOR's retained property, where necessary, to reconstruct or perform any warranty or conformance works during or after the expiration of the Temporary Construction Easement and any extension thereto and/or the Temporary Construction Easement Page 1 121 completion of the PROJECT. Said works include conforming driveways, walkways, lawn, landscaped and hardscaped areas, irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR's retained property is necessary. All work performed by the CITY in the EASEMENT AREA shall conform to applicable building, fire, and sanitary laws, ordinances and regulations relating to such work and shall be done in a good and workmanlike manner. The rights and obligations contained in this Grant of Temporary Construction Easement will (a) run with the Property and burden, inure to and be for the benefit of and are binding on the Property, Grantor and its successors and assigns, and be an equitable servitude of Grantor and its successors and assigns, and (b) constitute an easement in gross for the benefit of the CITY and its successors and assigns, and will be binding on the CITY and its successors and assigns. IN WITNESS WHEREOF, this Grant of Temporary Construction Easement is signed and executed on GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS By: Javid Roshan By: Zarmina Mayar ATTACH NOTARIZATION Temporary Construction Easement Page 2 122 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com October 24, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: TEMPORARY CONSTRUCTION EASEMENT Real property situate in the City of Dublin, County of Alameda, State of California. described as follows: Being a portion of the lands of Javid Roshan and Zarrnina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24' l6'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24' 16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33,00 feet to the westerly line of Tassajara Road; Thence along the northerly line of said lands (2013-350453), North 85°42'56" West 9.00 feet, said point also bring the TRUE POINT OF BEGINING; Thence along said northerly line, North 85°37'49" West, 10.00 feet; Thence leaving said northerly line, South 3°24'16" West, 214.22 feet to the southerly line of said lands; Thence along said southerly line, South 86°09'04" East, 10.00 feet; Thence leaving said southerly line the following five (5) courses: 1) North 3°24'16" East, 130.51 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the TRUE POINT OF BEGINNING. Containing 2,095 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated Page 1 of 1 123 P101 Oct 24, 2022 at 10-42am LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT — LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N85'37'49'W 10.00' L2 S86'09'04"E 10.00' L3 N86'35'44"W 0.67' L4 S86'35'44"E 0.67' L5 NO3'24'16"E 14.51' 40 0 LANDS OF JAVID ROMAN AND ZARM]NA MAYAR DEED 2013-350453 APN: 986-28-2 S3'24'16"W 214.22' L3—? N3'24'16"E ,130.51' _ N3'24'16"E 69.11'cv." L5 L 2,095 SQ.FT.± 40 scale 1= 40' feet N85'42'56"W TEMPORARY CONSTRUCTION 9 00' EASEMENT N86'35'44"W 33.00' N3'24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD 53'24'16"W J POC 537.36' BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT Job No. 20190525 By KH Dote 1Q/24/2022 Chkd.WS SHEET 1 OF 1 190525_DOC PLAT.dwg COPYRIGHT "s; 2021 SKF ENGINEERS 124 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. STATE OF CALIFORNIA COUNTY OF ) ss } On before me, , Notary Public, personally appeared 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. 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. Notary Public (Seal) 125 CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN This Certificate of Acceptance by the City of Dublin (hereinafter "Acceptance") is made by the CITY OF DUBLIN, a municipal corporation (hereinafter "City"). RECITAL On , JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS (`'Grantor") executed the document entitled Grant of Temporary Construction Deed ("TCE"), by which the Grantor conveyed an interest in real property to the City. The real property is described more particularly in the TCE, and is generally described as assessor's parcel number 986-0028-02, Dublin, California ("Property"). NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES: The interest in the Property conveyed by the TCE from Grantor to the City is hereby accepted by the undersigned officer on behalf of the City, and the City hereby consents to recordation thereof by its duly authorized officer. CITY OF DUBLIN By: Title: Date: 126 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared , 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. Notary Public (Seal) 127 Attachment 5 141 DUBLIN CALIFORNIA THE NEW AMERICAN BACKYARD City Council 925.833.6650 City Manager 925.833.6650 Community Development 925.833.6610 Economic Development 925.833.6650 Finance/IT 925.833.6640 Fire Prevention 925.833.6606 Human Resources 925.833.6605 Parks & Community Services 925.833.6645 Police 925.833.6670 Public Works 925.833.6630 100 Civic Plaza Dublin, CA 94568 P 925.833.6650 F 925.833.6551 www.dublin.ca.gov July 1, 2024 Javid Roshan Zarmina Mayar 5868 Tassajara Road Dublin, CA 94568 SUBJECT: Tassajara Road Improvements — North Dublin Ranch Drive to Quarry Lane School Project, City Project No. ST0119 Site Address: 5868 Tassajara Road, Dublin, CA APN: 986-28-2 Dear Property Owners, The City of Dublin (City) recently updated its original appraisal report for the certain property rights proposed to be acquired. The update has resulted in an increased value from $78,600 to $104,000. Therefore, the City is updating its government code offer to you for the proposed property rights in the amount of $104,000. Attached for your review are the following updated documents: 1. Appraisal Summary Statement and Summary of the Basis of Just Compensation 2. Property Purchase Agreement and Joint Escrow Instructions (2) 3. Grant Deed 4. Grant of Temporary Construction Easement Deed However, for settlement purposes only, the City is willing to compensate you $152,000 which is $23,500 above the City's offer of $126,500 which was the amount previously presented to you by letter on February 20, 2024. Please consider this amount and if acceptable to you, please contact Rosalyn Zeigler of Associated Right of Way Services, Inc. (AR/WS) at (925) 691-2872 or rzeigler@arws.com. We kindly request that you respond to the City's settlement offer by July 8, 2024. Thank you for your patience and continued cooperation throughout this process. Sincerely, Laurie Sucgang, P.E. Assistant Public Works Director/City Engineer cc: Michael Boitnott, P.E., Capital Improvement Program Manager, City of Dublin Rosalyn Zeigler, AR/WS 128 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 BASIC PROPERTY DATA OWNER: Javid Roshan and Zarmina Mayar PROJECT: Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School PROPERTY ADDRESS: 5868 Tassajara Road, Dublin, California DATE PROPERTY ACQUIRED BY OWNER: Over five (5) years. ZONING: PD RESO. 104-94 (Planned Development) GENERAL PLAN: Stream Corridor; Medium Density Residential PRESENT USE: Owner -occupied Residential HIGHEST AND BEST USED: As Vacant: Medium density residential development at the highest density allowed and approved by the City. As Vacant (Porterville Premise): Single-family residential lot. As Improved: Continued use of the existing improvements with redevelopment potential. TOTAL PROPERTY AREA: 1 Acre or 43,740 square feet (sf) PROPERTY RIGHTS PROPOSED TO BE ACQUIRED: Partial Fee Simple: 1,972 sf. Temporary Construction Easement: 2,095 sf. DATE OF THIS VALUATION: October 22, 2023 BASIS OF VALUATION The just compensation being offered by the City of Dublin (City) is not less than the City's approved appraisal of the fair market value of the property. The fair market value of the property proposed for acquisition is based on a fair market value appraisal prepared according to accepted appraisal procedures. Where appropriate, sales of comparable properties and income data are utilized. Principal transactions of comparable properties, where evaluated, are included herein on Page 8. The appraiser has given full and careful consideration to the highest and best use for development of the property and to all features inherent in the property, including, but not limited to, zoning, development potential and the income the property is capable of producing. California Code of Civil Procedure Section 1263.320 defines fair market value as follows: a.) The fair market value of the property taken is the highest price as the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. Page 1 of 13 129 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 b.) The fair market value of property taken for which there is no relevant, comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. The market value for the property proposed to be acquired by the City is based upon Code of Civil Procedure Section 1263.320a as defined on the first page. Value of the Entire Property: $ 635,000 (on a lot basis) THE FOLLOWING INFORMATION IS BASED ON THE PARTIAL ACQUISITION ONLY Value of the Property Rights proposed to be acquired: A. Fee Simple Land and included Site Improvements: $ 94,302.00 Property Rights Appraised Land Area Estimated Estimated (Sq_Ft.) Value . Sq.Ft. Value Partial Fee Simple Acquisitor 1.,972 x $14.52 = S28,633 Total Proposed Fee Simple Land Acquisition: $28,633 Site Improvements Replacement Sq_ Ft f Ln_ Ft. Cost New Less Estimated i Units ($(Unit) Depreciation = Value Wooden fencing 240 x $52.00 - 25% = $9,360 Wooden gate 14 x $5200 - 25% = $546 Automatic gate 1 x $2,750.00 - 25% = $2,063 Brick pavers 208 x $22.00 - 25% = $3,432 Aggregate paving 48 x $15.00 - 25% = $540 Tower lights 2 x $3,100.00 - 25% = $4,650 Chicken coop 1 x $1,000.00 - 0% = $1,000 Landscaping 1,282 x $17.00 - 0% = $21,794 Water fountain 1 x $11,000.00 - 0% = $11,000 Pergola 15 x $30.00 - 25% = $338 Subtotal Site Improvement Acquisitions Contingency (10%) Entrepreneurial Incentive (10%) Total Site Improvement Acquisitions: $54,723 $5,473 $5,473 $65,669 Improvements Pertaining to the Realty OO : B. Permanent Easement: C. Temporary Construction Easement $ N/A $ N/A $ 3,042.00 Land Area Estimated Rental Rate / Duration Estimated Property Rights Appraised (Sq. Ft.) Value i Sq. Ft. Month (Years) Value Temporary Constriction Easement 2,095 x $14.52 x 10% x 1 = $3,042 Total Proposed Temporary Construction Easement Acquisition: $3.042 $ 97,344.00 (Sum of items A thru D) Page 2 of 13 130 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Severance Damages®: In addition to determine the market value of the parcel sought to be acquired severance damages were considered. Severance damages are determined based on whether or not the remainder would be diminished in value by reason of the proposed acquisition and/or by the construction of the improvement in the manner proposed. Some severance damage may be mitigated or entirely eliminated by estimating the cost to cure the damage. Where severance damages are found, offsetting benefits are determined. (See Page 12 — Benefits defined.) Under California law, benefits can only be offset against severance damages. If no severance damages are found, there is no application of offsetting benefits. No severance damages were found for the following reasons: Cost of curing the severance has been determined to be the best measure of severance for the proposed acquisition. The cost to cure is estimated to be $6,288.00 and its breakdown is as follows on the next page: E. Cost to Cure Damages: $ 6,288.00 Site improvements Sq_ Ft f Ln_ 1 Units Replacement Ft. Cost New (Mir it) Less Amount Estimated In Improvements Value Wooden fencing 217 Wooden gate 14 Automatic gate 1 Tower lights 2 Subtotal Site Improvement Acquisitions Contingency (1O%) Entrepreneurial Incentive (10%) Total Damages (Cost to Cure): "Represents the value concluded in the improvement cure on a linear foot basis x $52.00 x $52.00 x $2,750.00 x $3,100.00 $6,463* $546 $2,0 33 $4, 650 section for the amount of fencing being _ $2,821 $182 _ $687 $1,550 $5, 240 $524 $524 $6,288 replaced as a cost to F. Incurable Damages: Total Damages: Benefits®: JUST COMPENSATION FOR ACQUISITION: $ N/A $ 6,288.00 (Sum of items E & F) $ Not Quantified $ 103,632.00 Rounded to: $ 104,000.00 Page 3 of 13 131 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 THE FOLLOWING INFORMATION IS BASED ON THE ENTIRE SUBJECT PARCEL The Sales Comparison approach is based on the consideration of comparable land sales. Indicated value by Sales Comparison Approach: See page 8 for principal transactions $ 635,000 or $14.52 per sf The income and cost approaches are not considered applicable to this assignment since these approaches do not typically apply to the valuation of land. SUMMARY OF THE BASIS FOR JUST COMPENSATION Narrative summary of the valuation process supporting compensation: Project Description The project involves a redesign of portions of the future widening of Tassajara Road within the proposed project limits. Much of the roadway has already been developed as part of the Eastern Dublin Specific Plan even before the Plan was adopted. The current project proposed a reduction in the number of travel lanes for currently unimproved and improved portions of Tassajara Road from six to four lanes. Roadway reductions would be implemented as part of road improvement projects undertaken by the City as part of the Capital Improvement Project. Two segments of existing Tassajara Road are proposed for improvements to four travel lanes. The City proposes to undertake the initial phase of the road widening improvements, identified as Segment 1, in the immediate future. The northern segment (Segment 2) extends from north of Palisades Drive-Kylemore Entry intersection on the south to the northern city limit. The southern segment of the road (Segment 1) stretches from a point located north of North Dublin Ranch Drive to a point just south of the southern boundary of Quarry Lane School. Property Description Larger Parcel There are three criteria, or tests, for determining the larger parcel. These are: unity of ownership; contiguity; and unity of use. Abutting parcels to the subject are under different ownership. It has been concluded that assessor's parcel number 986-28-2 comprises a single economic unit and is the larger parcel or subject property. Site Description The subject property is located on the west side of Tassajara Road in the City of Dublin. The property has approximately 215 linear feet of frontage along Tassajara Road. Near the subject property, Tassajara Road is a two-lane, two -directional arterial roadway that traverses in a north -south direction between Fallon Road and Interstate-580. The area near the subject property is comprised primarily of single family residential, rural residential, agricultural and public properties. The subject site appears to be currently used for residential purposes. Further south toward Dublin Boulevard and Interstate 580 are a variety of uses including single family and multifamily residential uses, retail centers, restaurants, offices, medical uses, and automotive dealerships. The subject property is just northeast of the Alameda County Santa Rita Jail. The Alameda County Assessor identifies the subject property as Assessor's Parcel Number 986-0028-002-00, as previously described. According to public records, the site is 1 acre or 43,740 square feet in size. The subject is generally level in topography, except for the area within the creek. Surrounding areas are rolling and hilly in topography. The subject site is rectangular in shape with the Tassajara Creek crossing the rear of the property. Page 4 of 13 132 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Improvement Description The subject property appears to be improved with a single-family dwelling and various ancillary structures. However, the buildings located on the subject property are not impacted by the proposed acquisition, so an interior inspection of the structures were not performed, nor were they measured. The improvements are assumed to be adequately served by an on -site well and septic system. Site improvements located within the proposed acquisition area include portions of wooden fencing, a wooden gate, an automatic gate, brick pavers, aggregate paving, tower lights, a chicken coop, landscaping, water fountain, a pergola, and a mailbox. Personal Property Description A detailed inventory of personal property on the subject property was not taken by the Appraiser. No interior inspection was made of the structures located on the subject property, since these improvements were not located in the proposed acquisition areas. Therefore, items of personal property within the structures are unknown but are assumed to be typical of the market for similar improvements. Various miscellaneous items were observed within the proposed acquisition areas at the time of inspection. Zoning and Highest and Best Use: The zoning category for the subject is PD RESO. 104-94 (Planned Development). According to the Dublin Municipal Code, the purpose of the Planned Development District is to: A. Establish a Planned Development Zoning District through which one or more properties are planned as a unit with development standards tailored to the site. B. Provide maximum flexibility and diversification in the development of property. C. Maintain consistency with, and implement the provisions of, the Dublin General Plan and applicable Specific Plans. D. Protect the integrity and character of both residential and non-residential areas of the City. E. Encourage efficient use of land for preservation of sensitive environmental areas such as open space areas and topographic features. F. Provide for effective development of public facilities and services for the site. G. Encourage use of design features to achieve development that is compatible with the area. H. Allow for creative and imaginative design that will promote amenities beyond those expected in conventional developments. Permitted uses. No use other than an existing use is permitted in a Planned Development Zoning District except in accordance with a Development Plan adopted pursuant to the Planned Development Zoning District chapter of the municipal code. PD Resolution No. 104-94 appears to indicate a PD - Single Family zoning district (0.9-6.0 dwelling units per acre), which is established to: a) reserve appropriately located areas for family living at reasonable population densities consistent with sound standards of public health and safety; b) ensure adequate light, air, privacy and open space for each dwelling; c) provide space for semi-public facilities needed to complement urban residential areas and for institutions that require a residential environment; and d) accommodate single family housing, including a wide range of units from small -lot and zero -lot line units to large -estate units. The zoning designation appears to be outdated and not to be consistent with the General Plan and Specific land use designations, which are designated for more intense uses. According to the City's Community Development Department, a new development would typically have a new planned development plan put in place, which would establish development standards and regulations. Page 5 of 13 133 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 The General Plan land use designation for the subject is a mix of Stream Corridor; Medium Density Residential. According to the General Plan Land Use Map, the Stream Corridor designation is categorized under the Public/Semi-Public/Open Space classification. As stated in the General Plan, the intent of the Open Space "designation is to ensure the protection of those areas with special significance such as areas with slopes over 30 percent; stream and drainage way protection corridors; woodlands; and visually -sensitive ridgelands. The City may allow only open space uses on this land. Equestrian, riding, and hiking trails will be encouraged. Other types of recreational uses, agriculture and grazing may be permitted where appropriate." The Conservation Element of the General Plan states guiding policies for stream corridors and riparian vegetation. 1. Protect riparian vegetation as a protective buffer for stream quality and for its value as a habitat and aesthetic resource 2. Promote access to stream corridors for passive recreational use and to allow stream maintenance and improvements as necessary, while respecting the privacy of owners of property abutting stream corridors. According to the City's Engineering Department, pursuant to Section 7.74.110 Watercourse protection, setbacks from a watercourse are thirty feet (30') of the centerline of any creek or twenty feet (20') of the top of a bank. Additionally, the City's Community Development Department indicated that these setbacks would likely be the minimum, but development requirements may be greater. As stated in the General Plan, the Residential: Medium Density "designation allows attached residential units and typically includes detached, zero -lot line, duplex, townhouse, and garden apartment development. A second unit (either attached or detached is also permitted on individual parcels.) The density range for the medium density residential designation is 6.1 to 14.0 units per gross residential acre. Additionally, the subject property is within the Eastern Dublin Specific Plan with a mix of land use designations of Open Space and Medium Density Residential. As stated in the Specific Plan, the Open Space designation "protects areas with important and/or sensitive resources and areas with natural hazards from development. Open Space lands include: areas dedicated to the City as open space; areas with slopes predominantly over 30%; stream and drainage way protection corridors; woodlands; visually -sensitive ridgelands; and grazing lands. In general, open space lands are to be preserved with minimal development. Privately held agricultural land can be used for agricultural production and grazing. Structures related to these agricultural activities will be permitted. In sensitive resource areas and areas set aside to protect public health and safety, uses will be limited to passive recreation (i.e., walking, hiking, etc.). Development in these areas will be limited to trail improvements. As stated in the Specific Plan, the Residential: Medium Density "provides for a mix of single family detached and attached units and multi -family units. The density range allows for detached, zero -lot line, duplex, townhouse, and garden apartment development. It is intended that within areas with this designation, that dwelling unit types and densities would be varied to accommodate a range of housing needs. Assumed household size is 2.0 persons per unit." The density range for the medium density residential designation is 6.1 to 14.0 units per gross residential acre. As If Vacant In the case of the subject property, the legally permissible uses are determined by the City of Dublin, which has zoning jurisdiction over the subject. As indicated earlier, the subject property is zoned PD RESO. 104-94 (Planned Development), which does not permit uses other than an existing use except when a Development Plan is adopted. PD Resolution No. 104-94 appears to indicate a PD - Single Family zoning district (0.9-6.0 dwelling units per acre). The zoning designation appears to be outdated and not to be consistent with the General Plan and Specific land use designations, which are designated for more intense uses. The General Plan land Page 6 of 13 134 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 use designation for the subject is a mix of Stream Corridor and Medium Density Residential. The Eastern Dublin Specific Plan designates land uses for the subject as a mix of Open Space and Medium Density Residential. The subject property is approximately 1 acre or 43,740 square feet. The subject is generally level in topography, except for the area within the creek. The subject site is rectangular in shape with the Tassajara Creek crossing the rear of the property. The market for residential properties over the past several years, including vacant residential land and rural residential sites, has improved considerably. The highest and best use of the subject property, as if vacant, would be for medium density residential development at the highest density allowed and approved by the City. As Improved The subject property appears to be improved with a single-family dwelling and various ancillary structures. The subject property has a mix of Stream Corridor/Open Space and Medium Density Residential land use designations according to General Plan and Eastern Dublin Specific Plan. The western portion of the property is designated Stream Corridor/Open Space primarily where the Tassajara Creek crosses the property and a portion of the level area of the site. The eastern portion is designated Medium Density Residential. The highest and best use of the subject property, as improved, is for the continued use of the existing improvements with redevelopment potential in the future once land value exceeds the value at the current improved use. Dedication Requirements In addition to state statutes, court decisions govern the appraisal of land required for public improvements. Two cases, City of Porterville v. Young and City of Fresno v. Cloud recognize the power of local jurisdictions to require the dedication of land as a condition of obtaining development approval and are a consideration in evaluating the highest and best use at which the property is appraised. The City of Dublin currently has a dedication policy. According to the City's Land Development Department, subject property would be subject to dedication requirements per the below references: • Per DMC section 7.72.020, for building permits and various planning entitlements including Condition Use Permits, Site Development Review, Variance, and Planned Development, if the proposed project will result in an increase in traffic generation or adversely affect public safety then dedication and improvements are required. • Per DMC section 7.72.050, exceptions, the provisions of Section 7.72.020 shall not be applicable to a building permit issued for construction, reconstruction, or remodeling of a single-family or two (2) family dwelling, unless such reconstruction or remodeling converts such dwelling or portion thereof to any other use. • Per DMC section 9.08.090 (B) and 9.08.100 (B), for subdivisions the City can condition right of way dedications. It is understood that the subject property would be subject to dedication requirements if a permit to develop were applied for by the owner. The owner would be required to dedicate land for the roadway of Tassajara Road. Where a portion of property would typically be required to be dedicated for a public use as a condition of obtaining development approval for a higher or more profitable use, that portion of the property being acquired for the same public use prior to the imposition of the dedication requirement is appraised at the use that is permissible without triggering a dedication requirement. Therefore, the subject underlying land is appraised consistent with its current residential use, as a single-family residential lot. Page 7 of 13 135 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Valuation Approach Sales Comparison Approach Since the proposed acquisitions will include only land and site improvements, only the value of the land has been estimated, by applying the Sales Comparison Approach. The prices paid for land with similar development potential as the subject provide a basis for estimating the value of the subject by comparison. The concluded unit value has been used to value the proposed acquisitions. A modified cost approach was used to value site improvements that will be affected as a result of the project. The income approach was not utilized because sellers, buyers, and our peers in this market rarely rely on this approach when offering, purchasing, or valuing land similar to the subject underlying land. Research was conducted to find comparable land sales in the subject's market area. The comparable sales were researched, inspected, and verified to the extent possible. Those that could not be confirmed with a party to the transaction were verified through public records, subscription services and other sources. The following table displays a summary of the selected sales reflecting the actions of buyers and sellers in the marketplace and judged to be most representative of current market conditions for the subject property. Sales Data Summary Table Sales Data Summary Paired Sale Address Cary; State Zip APN Type of Transaction Sale Date Parcel Size ((Acres) Parcel Size s4- FL) Buidng Size RS¢ R-). YearBult Bed Bath To Edge of Traveled Way 1Feetj Sales Price Agent Contact Hunter FS-CI 5e 39 Fal!brook C: Dublin, CA94556 985-71-1-4 Sale 12332' C.C5 2 39-" 2.e7o 202 4 3.5 -53 3' .530.0C3 FS-C2 5e1e Fallbiook C: Dublin. CA94558 08 5-4140 Sale 1213.72' C.C7 3 937 2.270 202 4 3.5 -22 5•,540AC3 -31 Feetn $10,460 0.85% PS-C3 5060 Fallbiook C: Dublin, CA94568 985-71-25 Sale 11 032' C.C5 2.35e 2.735 202' 3 2J5 -75 5-,434,5C0 FS-C4 5E51 Fallbrook C- Dublin. CA94558 92 5-71-47 Sale 10,262' 0.0D 373C 2,735 202' 3 2.5 -36 5',433,060 -37 Feet $28,500 203% F.S-C3 5E 3E Fallbrook C( Dublin. CA 94568 98t5-71-25 Sale 1 1 03l21 6.65 2,350 2,705 2021 3 2.5 -75 S',404,560 PS-05 5373 Fal (brook C( Dublin. CA 94568 92 5-714.3 Sale 10t20121 6.66 3,510 2.1554 2021 3 2.5 -36 S' ,443,560 -33 Feeta $39,000 2-711% FS-05 233Zinn is C- San Ramon. CA 940 B2 222-770-025-5 Sale 10r222" C.13 5,782 2.939 202t 4 3.5 -73 S'.71' .560 FS-C7 255 Zinnia C- San Ramon, CA9-45 B2 222-770-033-9 Sale 39f2132' C.14 5.137C 2.909 202' 4 3-5 -53 51.760.060 -2a Feeta 36E,500 b-09% PS-0B 7536 Balmoral Way San Ramon, CA 94562 22 3-750-006-7 Sale 052622 C.1 B 5 239 3.8 B4 2037 5 4.5 -03 S2,810,060 Listing Agent- Noa Gold 1415 } 699 5073: (415) 456-3603 Buyer's Agent - Girish Bangalore 14613}420-O646; (510)651-6506 PS-09 75 DC Balmoral Way San R3111015, CA 945 B2 223-750-001-S Sale 3812322 C.23 5.50C 3.894 2037 5 4.5 --0B S2.758.000 Listing Agen-- Iielen Du 45121449-1230: (050)323-1111 Buyers Agent- Major Gil 451 C 378-7474: (925) 39B-6303 --15 FeetA -$42 000 -1 Asrsr. Average %Charge 1.59% Page 8 of 13 136 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Land Value Conclusion (Before Condition) The four comparable land sales range from an unadjusted sales price of $515,000 to $750,000. After adjustments, the comparable sales indicate value range for the subject above $550,000, below $750,000 and near $635,000, indicated by Comparables RL-01, RL-04 and RL-03 respectively. While considering the definition of market value, the land of the subject property is judged to warrant a value near the sale price of Comparable RL-03, or $635,000 on a lot basis, as of the date of value. Fee Simple Acquisition The proposed partial fee simple acquisition is located along the eastern portion of the subject property that fronts Tassajara Road. The proposed acquisition is a long narrow strip consisting of 1,972 square feet, approximately 9 feet in width and 214 feet in length along the frontage of the property. Temporary Construction Easements The proposed temporary construction easement is located along the eastern portion of the subject property near Tassajara Road. The proposed easement is situated adjacent to the proposed partial fee simple acquisition to the west. The proposed acquisition is a long narrow strip consisting of 2,095 square feet, approximately 10 feet in width and 214 feet in length. The proposed temporary construction easement is needed for a period of one year. An easement is defined as an interest in the land of another person or entity, which entitles the owner of such an interest to a limited use, or enjoyment of the land area so encumbered. It can either be affirmative by allowing some act or actions on the land, or negative by precluding doing certain things with the land so encumbered. The easement is an interest in real property and is considered non -possessory. The holder of an easement has only such control of the land as is necessary for the purpose of using the easement. Others using the land may not interfere with the use of the easement. It is commonly understood that the fee interest in land is a 100% ownership. Because land can be divided into various rights, a concept of a "Bundle of Rights" exists. The proposed easement requires only specific rights, which are a portion of the rights. The easement deed defines those rights. The fee ownership will remain the same. The imposition of an easement requires that the Appraiser analyze the effect on the land and any existing or proposed improvements. The valuation of the rights to be acquired and the limitations imposed on the grantor's use of the easement area have been analyzed to determine a reasonable allocation for the rights acquired and those remaining to the property owner/grantor. This division or allocation may be expressed as a percentage of the fee simple interest. The valuation of a temporary use of a portion of a property is based on an estimated reasonable rental rate for the land and/or a reasonably expected rate of return for an alternative short-term investment for a specified period of time. Upon expiration of the temporary construction easement, all previous land rights and use of the land revert back to the owner. Residential land does not typically lease. Leases for other property types are predominately for much larger and typical -shaped areas, and often for longer terms. Shorter term leases, or leases of smaller areas (such as for cell towers or advertising signs), often command a higher rate of return. Leases of areas similar to the project temporary construction easement would be expected to command a relatively high rate of return. A reasonable rate of return on the value of land is determined to be 10% annually. Site Improvements in Acquisition Areas Site improvements located in the proposed acquisition areas include portions of wooden fencing, a wooden gate, an automatic gate, brick pavers, aggregate paving, tower lights, a chicken coop, landscaping, water fountain, a pergola, and a mailbox. According to the construction plans provided by the project engineer, the mailbox is Page 9 of 13 137 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 planned to be relocated as part of the construction of the project. Therefore, an estimate has not been included for the mailbox. As previously stated in the Extraordinary Assumptions section of this report, for the purpose of this assignment, the property owners were not contacted to meet for the re -inspection of the property. I subsequently re -inspected the property on October 22, 2023, unaccompanied from the public right of way. It is assumed that site improvements not visible from the public right of way, including quality and condition, have remained unchanged since the initial inspection on March 18, 2022. The contributory value of the site improvements located in the proposed acquisition areas was considered and it has been concluded that the depreciated replacement cost is equal to market value. Marshall Valuation Service (MVS), a construction cost service widely in use by appraisers, and online resources were utilized to estimate the replacement cost. Delivery and installation were included in the costs where appropriate. Damages Damages generally occur when the acquisition of a portion of a property result in the remaining property having less value after the acquisition and construction of the project in the manner proposed than it had as part of the original property prior to the taking. Stated another way, after the acquisition of a portion of the property and construction of the project in the manner proposed, the value of the remaining property is less than it was as part of the entire property before the taking. Based on information and exhibit provided by the project engineer, in the before condition, the subject property had a distance of 64 feet from the existing edge of traveled way to the existing house edge. In the after condition, the new distance would be 53 feet from the proposed edge of traveled way to the existing house edge, resulting in the edge of traveled way being approximately 11 feet closer. In order to determine whether the remainder property would be impacted as a result of the changing roadway configuration, research was conducted to find paired sales in subject's market area with varying distances to the edge of the traveled way. The distances from the edge off the traveled way to the edge of the houses were estimated using the Google Earth Pro measuring tool. The difference in distance between the paired sales ranged from approximately 15 feet to 39 feet. In the paired sales shown on the table on the next page, between paired sales, the sales of properties closer to the edge of the traveled way had, on average, a 1.59% higher sales price compared to the sale that was further from the edge of the traveled way. The data supports the conclusion that no damage would accrue to the remainder property as a result of the project. Page 10 of 13 138 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Sales Data Summary Paired Sale Address City, State Zip APN Type of Transaction Sale Date Parcel Size (Acres) Parcel Size (Sq. Ft) Building Size (Sq. Ft.) Year Built Bed Bath To Edge of Traveled Way (Feet) Sales Price PS-01 5639 Fallbrook Ct Dublin, CA 94568 986-71-44 Sale 12/30/21 0.06 2,394 2,870 2021 4 3.5 -53 $1,530,000 PS-02 5615 Fallbrook Ct Dublin, CA 94568 986-41-40 Sale 12/30/21 0.07 2,897 2,870 2021 4 3.5 -22 $1,540,000 -31 Feet 4 $10,000 0.65% PS-03 5696 Fallbrook Ct Dublin, CA 94568 986-71-25 Sale 11/03/21 0.05 2,356 2,705 2021 3 2.5 -75 $1,404,500 PS-04 5661 Fallbrook Ct Dublin, CA 94568 986-71-47 Sale 10/29/21 0.09 3,730 2,705 2021 3 2.5 -38 $1,433,000 -37 Feet 4 $28,500 2.03% PS-03 5696 Fallbrook Ct Dublin, CA 94568 986-71-25 Sale 11/03/21 0.05 2,356 2,705 2021 3 2.5 -75 $1,404,500 PS-05 5673 Fallbrook Ct Dublin, CA 94568 986-71-48 Sale 10/29/21 0.08 3,516 2,654 2021 3 2.5 -36 $1,443,500 -39 Feet A $39,000 2.78% PS-06 233 Zinnia Ct San Ramon, CA 94582 222-770-025-5 Sale 10/22/21 0.13 5,782 2,909 2021 4 3.5 -73 $1,711,500 PS-07 265 Zinnia Ct San Ramon, CA 94582 222-770-033-9 Sale 09/28/21 0.14 5,870 2,909 2021 4 3.5 -53 $1,780,000 -20 Feet a $68,500 4.00% PS-08 7530 Balmoral Way San Ramon, CA 94582 223-750-006-7 Sale 05/26/22 0.19 8,239 3,884 2007 5 4.5 -83 $2,810,000 PS-09 7500 Balmoral Way San Ramon, CA94582 223-750-001-8 Sale 08/23/22 0.20 8,500 3,884 2007 5 4.5 -68 $2,768,000 -15 Feet a -$42,000 -1.49% Cost to Cure As a result of the project, site improvements will be removed, including wooden fencing, a wooden gate and an automatic gate used to border and secure the subject property. Additionally, two tower lights that illuminate the subject property would be removed. It has been judged that there would be a diminution in value to the remainder by removing these site improvements. The cost to cure the damage as a result of removing these site improvements is the replacement cost less the depreciated value previously indicated and accounted for. After the project, the subject property retains a similar overall utility in comparison with the before condition. Therefore, no permanent damages are judged to accrue to the remainder as a result of the proposed acquisitions required for the project or from the construction of the project as proposed, once the preceding items have been cured. Benefits Since no permanent damages accrue as a result of the proposed acquisitions, benefits have not been quantified. Page 11 of 13 139 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 Construction Contract Work (CCW) The Contractor will notify the owner by written notification seven (7 calendar days) and 24 hours in advance of beginning any work at the property. Prior to construction, the Contractor will be responsible to first install (and continually maintain) temporary 6-foot chain link fence at the temporary construction easement (TCE) limit. Once the temporary chain link fence is installed, the Contractor will remove the Property Owner's existing wood fence, two tower lights, automatic metal gates, wood animal pen, a portion of the rock landscape wall, driveway pavers, and mail box. The Contractor shall place the mailbox at a temporary location so that access to the mailbox will not be impaired. The Contractor will maintain access to the property during construction and would coordinate with the property owner (and approved by the City) if any access to the property is temporarily closed. The Contractor will perform general clearing, grubbing and grading activities within the TCE and fee acquisition. The Contractor will then construct curb, gutter, sidewalk, retaining curb and landscaping along the subject street frontage. The Contractor will also construct new asphalt concrete driveway approaches from Tassajara Road to the TCE limits to conform to both of the property owner's existing driveway openings. The Contractor will place the mailbox to the permanent location as designated by the Engineer. The Property Owner will be responsible to install fence, automatic metal gates and light towers. Once the permanent fence and gates are installed, the Contractor will remove the temporary chain link fence. PG&E will relocate the service pole and service connection behind the proposed sidewalk. Page 12 of 13 140 CITY OF DUBLIN APPRASAL SUMMARY STATEMENT AND SUMMARY OF THE BASIS FOR JUST COMPENSATION (Pursuant to Government Code Section 7267.2) APN: 986-0028-002-00 DEFINITIONS* O Highest and Best Use Analysis Highest and best use is defined as the reasonably probable use of land which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. O Improvements Pertaining to the Realty (if any) Machinery, Fixtures and Equipment identified here were separately valued as improvements pertaining to the realty. Prior to escrow close, owner and lessee must agree (and confirm in writing) as to ownership of said improvements pertaining to the realty. O Severance Damages (Applies to Proposed Partial Acquisitions) The appraisal also determines whether or not the City's proposed acquisition results in damages to the remaining property. The basis for this determination is whether or not the value of the remainder is diminished by reason of the anticipated acquisition of the property interest being acquired and the construction of the improvement in the manner proposed. Severance Damages may be mitigated or entirely eliminated by estimating the cost to cure the damages. (Cost to Cure) ® Benefits (Applies to Proposed Partial Acquisitions) Benefit to the remainder is the benefit, if any, caused by the construction and use of the project for which the property is acquired in the manner proposed. *These definitions are general and provided to assist in the discussion related to the proposed acquisition. They are not intended to be legal definitions. An owner -occupant of a residential property containing four (4) units or less has a right to review the appraisal on which the written offer to purchase is based. Appraisal Summary and Offer of Just Compensation Authorized and Approved for Presentation: City of Dublin By: Title: Assistant Public Works Director/City Engineer Date: 2/20/2024 Page 13 of 13 141 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Agreement") is entered into as of , 2024 (the "Effective Date"), by and between the CITY OF DUBLIN, a California municipal corporation ("City"), and JAVID ROSHAN AND ZARMINA MAYAR, husband and wife as joint tenants ("Grantor"). Grantor and City are individually referred to herein as a "Party," and collectively referred to herein as the "Parties." RECITALS A. Grantor is the owner of certain real property located in the City of Dublin, California, designated as APN 986-0028-002 (the "Property"). B. The Property is approximately 1.00 acres (43,560 square feet) in size. The site is vacant. The Property is more particularly described in Exhibit A attached hereto and incorporated herein by this reference. C. The City is proposing to construct the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project ("Project"), which requires the acquisition of the Property. D. City desires to acquire portions of Grantor's property for the construction of the Project. City proposes to acquire 1,972 square feet in Fee Simple and 2,095 square feet in Temporary Construction Easement, both more particularly described in Exhibits B and C attached hereto and incorporated herein by this reference. E. Grantor and City have agreed to execute this Agreement in lieu of condemnation. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, Grantor and City hereby agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full. 2. PURCHASE AND SALE. 2.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Grantor hereby agrees to sell the Property to City, and City hereby agrees to acquire the Property from Grantor. 2.2 Purchase Price. The purchase price for the Property to be paid by City to Grantor (the "Purchase Price") is One Hundred F i ft y Two Thousand Dollars ($152,000). The full amount of the Purchase Price PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 1 142 shall be paid in immediately available funds to Grantor on the Closing Date (defined below). 2.3 Conveyance Notification. In the event Grantor sells, conveys or assigns any property interest, encumbered by the Agreement prior to City exercising the rights granted herein, Grantor shall notify the successor or assignor of the rights and obligations of both parties as included herein. 2.4 Unexpected Delays. In case of unpredictable delays in construction, upon written notification by City, the terms of the TCE may be extended by an amendment to this Agreement. Grantor shall be compensated based on fair market value as determined by the City using the same methodology as the appraisal. Payment shall be made to the Grantor for the extension prior to the expiration of the original TCE period. 2.5 Miscellaneous Realty Items Acquired. It is understood and agreed by and between the Parties hereto that payment in Section 2.2 above includes, but is not limited to, payment for 240 linear feet (10 wooden fencing, 14 if wooden gate, one automatic gate, 208 brick pavers, 48 square feet (sf) aggregate paving, two tower lights, one chicken coop, 1,282 sf landscaping, one water fountain, and one pergola, which are considered to be part of the realty and are being acquired by the City in this transaction 2.6 City Performed Work. All City performed work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the City or its authorized agent, shall be left in as good condition as found. 2.7 Cost to Cure Damages. It is understood and agreed by and between the Parties hereto that included in the amount payable under Section 2.2 above is payment in full to compensate Grantor for the Grantor's expenses associated with the following work: install 217 if wooden fencing, 14 if wooden gate, one automatic gate, and two tower lights. 3. ESCROW. 3.1 Escrow Account. The Parties shall open an escrow account (the "Escrow") with First American Title Company (the "Escrow Holder"). Escrow Holder shall perform all Escrow and title services in connection with this Agreement. 3.2 Opening of Escrow. Within three (3) business days after the Effective Date, the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto. The date such fully executed Agreement is PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 2 143 received by Escrow Holder will be deemed the "Opening of Escrow" and Escrow Holder will give written notice to the Parties of such occurrence. 3.3 Satisfaction of Due Diligence Contingency. City shall have the right, in its sole and absolute discretion, to terminate this Agreement for any reason prior to the expiration of the "Due Diligence Contingency Period" (as defined in Section 4.2 below). City hereby agrees to provide written notice to Grantor prior to the expiration of the Due Diligence Contingency Period if City disapproves any due diligence items or approves all due diligence items ("City Notice"). If City disapproves any items through the delivery of the City Notice to Grantor before 5:00 p.m. on the last day of the Due Diligence Contingency Period, this Agreement shall terminate, and all amounts deposited by City into Escrow will be returned to City, and neither Party shall have any further rights or obligations hereunder except those which expressly survive the termination hereof. If City fails to timely deliver the City Notice to Grantor, it will be conclusively presumed that City has approved all such items, matters or documents. 4. PROPERTY DISCLOSURE REQUIREMENTS. 4.1 Condition of Title/Preliminary Title Report. Grantor shall cause the Escrow Holder to deliver to City a Preliminary Title Report for the Property (the "Preliminary Report") within ten (10) days after the Effective Date. City shall have thirty (30) days after receipt of the Preliminary Report to approve the Preliminary Report. If there are any changes to the Preliminary Report prior to Closing, City shall have fifteen (15) days after receipt of the revised Preliminary Report to approve such changes. Notwithstanding City's delivery of the City Notice, City agrees to take title to the Property subject to the following "Permitted Exceptions:" (a) standard printed exceptions in the Preliminary Report, (b) general and special real property taxes and assessments constituting a lien not yet due and payable, and (c) any other title exceptions expressly approved by City pursuant to the City Notice. 4.2 Due Diligence Contingency Period. City will have sixty (60) days from the Effective Date (the "Due Diligence Contingency Period") to complete physical inspections of the Property and due diligence related to the purchase of the Property. During the Due Diligence Contingency Period, representatives of City shall have the right of access to all portions of the Property, at all reasonable times, for the purpose of conducting studies, inspections and investigations of the Property and obtaining data and making surveys and tests necessary to carry out this Agreement, including the investigation of the environmental condition of the Property, and geotechnical, seismic, mechanical, and engineering testing. Any such access to the Property by City shall be done at the sole expense of the City and shall be coordinated with Grantor's representatives. Any surveys and tests shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. As soon as practical after the Effective PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 3 144 Date, Grantor shall provide to City copies of all reasonably available and known documents that Grantor has in its possession with respect to the Property. City hereby agrees to indemnify and hold Grantor harmless for any damage to the Property caused (but not merely revealed) by City's inspections. 4.3 Property Disclosure. California Health & Safety Code section 25359.7 requires owners of non-residential real property who know, or have reasonable cause to believe, that any release of hazardous substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Grantor to provide certain disclosures regarding natural hazards affecting the Property. Grantor agrees to disclose to City all material information with respect to the Property and all defects therein known by Grantor, and to make all necessary disclosures required by law. Grantor hereby represents to the best of its knowledge that it is not aware of and has not received any notice or communication from any government agency having jurisdiction over the Property notifying Grantor of the presence of surface or subsurface zone Hazardous Materials in, on, or under the Property or any portion thereof. "Best of its knowledge," as used herein, shall not impose a duty of investigation, and shall be limited to the best knowledge of Grantor employees and agents who manage the Property or have participated in the preparation of this Agreement, and all documents and materials in the possession of Grantor. 4.4 Occupants of the Property. Grantor shall, at no cost or expense to City, be responsible for (i) causing all occupants of the Property (if any) to vacate prior to the Closing, and (ii) for complying and/or causing compliance with all applicable laws and regulations concerning the displacement and/or relocation of all eligible persons from the Property, including without limitation, compliance with the California Relocation Assistance Law, California Government Code Section 7260, et seq., all state and local regulations implementing such laws, and all other applicable state and local laws and regulations. 5. CLOSING AND PAYMENT OF PURCHASE PRICE. 5.1 Closing. The closing ("Closing" or "Close of Escrow") will occur no later than thirty (30) days after the end of the Due Diligence Contingency Period ("Closing Date"). In the event that Closing has not occurred on or prior to the Closing Date, either Party not then in default may, upon five (5) days advance written notice to the other Party, terminate this Agreement and the Escrow. If neither Party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. Upon any termination of this Agreement, neither Party shall have any further rights or obligations hereunder; except for the rights and obligations expressly provided to survive termination of this Agreement. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 4 145 5.2 City's Conditions to Closing. City's obligation to purchase the Property is subject to the satisfaction of all of the following conditions or City's written waiver (in City's sole discretion) of such conditions on or before the Closing Date: (a) Expiration of the Due Diligence Contingency Period with no exercise by City of its rights under this Agreement to terminate this Agreement. (b) Grantor has deposited into the Escrow fully executed "Grant Deed" and "Grant of Temporary Construction Easement" (as defined in Section 5.5(a) below) and all other documents to be submitted by Grantor pursuant to this Agreement, all duly executed by Grantor. (c) City has deposited into the Escrow the Purchase Price and all Escrow fees and costs of the buyer's title policy that are the responsibility of City under Section 5.5(d) below ("City's Escrow and Title Costs"). (d) Grantor's representations and warranties herein are true and correct in all material respects as of the Closing Date. (e) The Title Company is irrevocably committed to issue a CLTA or ALTA Title Policy to City, as selected by City, and such endorsements requested by City, insuring title to City in the full amount of the Purchase Price subject only to the Permitted Exceptions. (f) There shall be no occupants of the Property, and any former occupants shall have received all relocation assistance and benefits as required by law. (g) Grantor has performed all obligations to be performed by Grantor pursuant to this Agreement. 5.3 Grantor's Conditions to Closing. The Close of Escrow and Grantor's obligation to sell and convey the Property to City are subject to the satisfaction of the following conditions or Grantor's written waiver (in Grantor's sole discretion) of such conditions on or before the Closing Date: (a) City has deposited into the Escrow the Purchase Price and City's Escrow and Title Costs. (b) City has deposited into the Escrow a fully executed Acceptance of Grant Deed and Grant of Temporary Construction Easement and all PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 5 146 other documents to be submitted by City pursuant to this Agreement, all duly executed by City. (c) City's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date. (d) City has performed all obligations to be performed by City pursuant to this Agreement before Closing Date. 5.4 Conveyance of Title. Grantor will deliver fee simple title and a temporary construction easement to City at the Closing, subject only to the Permitted Exceptions. 5.5 Deliveries at Closing. (a) Deliveries by Grantor. Grantor shall deposit into the Escrow for delivery to City at Closing: (i) a grant deed (Exhibit B - the "Grant Deed"); (ii) a Grant of Temporary Construction Easement (Exhibit C - the "Grant of TCE"); and (iii) any other documents required for the Escrow. (b) Deliveries by City. No less than one (1) business day prior to the close of Escrow, City shall deposit into Escrow (i) the acceptance of the Grant Deed and Grant of TCE, and (ii) immediately available funds in the amount equal to the Purchase Price as adjusted by any prorations between the Parties, and City's share of the Escrow and title fees. (c) Closing. Upon Closing, Escrow Holder shall: (i) record the Grant Deed and Grant of TCE; (ii) disburse to Grantor the Purchase Price, less Grantor's share of any Escrow and title fees, costs and expenses; (iii) deliver to City a conformed copy of the original recorded Grant Deed and Grant of TCE; and (iv) distribute to itself the payment of Escrow fees and expenses required hereunder. (d) Closing Costs. City and Grantor shall each be responsible for one- half of all Escrow fees (including the costs of preparing documents and instruments), recording fees, governmental conveyance fees and transfer taxes (if any). Grantor shall be responsible for the portion of the cost of the buyer's title insurance policy equal to the premium for a CLTA buyer's title policy in the amount of the Purchase Price. City shall be responsible for any additional costs of the buyer's title policy, including the incremental cost of an ALTA buyer's policy and the cost of any endorsements requested by City. The parties understand that there will be no recording fees or documentary transfer taxes for this transaction. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 6 147 (e) Property Taxes. Proration of property taxes, if any, will be made at the Close of Escrow. 6. REPRESENTATIONS, WARRANTIES AND COVENANTS. 6.1 Grantor's Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Grantor contained in other sections of this Agreement, Grantor hereby represents, warrants and covenants to City that the statements below in this Section 6.1 are each true and correct as of the Closing Date; provided, however, if to Grantor's actual knowledge any such statement becomes untrue prior to Closing, Grantor will notify City in writing and City will have three (3) business days thereafter to determine if City wishes to proceed with Closing. If City determines it does not wish to proceed, then the terms of Section 6.2 will apply. (a) Authority. Grantor has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Grantor, and upon delivery to and execution by City is a valid and binding agreement of Grantor. Grantor has complied with, and is not required to take any further actions to comply with, state surplus property law requirements, Grantor property conveyance requirements, or any other legal requirements except as provided in this Agreement. (b) Encumbrances. Grantor has not sold, leased, alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any agreement to do so, and there are no liens, encumbrances, mortgages, leases, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property, except as disclosed in the Preliminary Report. Grantor will not, directly or indirectly, sell, lease, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its interest in the Property or any portion thereof prior to the Close of Escrow, as long as this Agreement is in force. (c) Other Agreements. There are no leases, purchase agreements, use agreements, or other agreements affecting the Property except those which have been disclosed by Grantor. There are no agreements affecting the Property which will be binding on the City or the Property after the Close of Escrow, which cannot be terminated on thirty (30) days prior written notice. (d) No Occupants of Property. There are no tenants, occupants or other persons who reside on the Property or have any right to occupy the Property. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 7 148 The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Grantor contained in this Agreement are conditions precedent to City's obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall survive the expiration, termination, or close of Escrow of this Agreement and shall not be deemed merged into the deed upon closing. 6.2 City's Representations and Warranties. In addition to the representations, warranties and covenants of City contained in other sections of this Agreement, City hereby represents, warrants and covenants to Grantor that the statements below in this Section 6.2 are each true as of the Effective Date, and, if to City's actual knowledge any such statement becomes untrue prior to Closing, City shall so notify Grantor in writing and Grantor shall have three (3) business days thereafter to determine if Grantor wishes to proceed with Closing. (a) City has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by City, and upon delivery to and execution by Grantor shall be a valid and binding agreement of City. (b) Upon acquisition of the Property, City intends to use the Property for public purposes, including the construction of Tassajara Road Improvement. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of City contained in this Agreement are conditions precedent to Grantor's obligation to proceed with the Closing hereunder. 7. REMEDIES In the event of a breach or default under this Agreement by Grantor, if such breach or default occurs prior to Close of Escrow, City reserves the right to either (a) seek specific performance from Grantor or (b) to do any of the following: (i) to waive the breach or default and proceed to close as provided herein; (ii) to extend the time for performance and the Closing Date until Grantor is able to perform; or (iii) to terminate this Agreement upon written notice to Grantor, whereupon Grantor shall cause Escrow Holder to return to City any and all sums placed into the Escrow by City, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither Party shall have any further obligations or liabilities hereunder. IN NO EVENT SHALL EITHER PARTY BE ENTITLED TO LOST PROFITS OR CONSEQUENTIAL DAMAGES AS A RESULT OF THE OTHER PARTY'S BREACH OF THIS AGREEMENT. 8. BROKERS. Grantor represents that no real estate broker has been retained by Grantor in the sale of the Property or the negotiation of this Agreement. Grantor shall indemnify, hold harmless and defend City from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder's fee, or similar charges arising out of Grantor's conduct. City represents PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 8 149 that no real estate broker has been retained by City in the procurement of the Property or negotiation of this Agreement. City shall indemnify, hold harmless and defend Grantor from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder's fee, or similar charges arising out of City's conduct. 9. MISCELLANEOUS. 9.1 Attorneys' Fees. If any Party employs counsel to enforce or interpret this Agreement, including the commencement of any legal proceeding whatsoever (including insolvency, bankruptcy, arbitration, mediation, declaratory relief or other litigation), the prevailing Party shall be entitled to recover its reasonable attorneys' fees and court costs (including the service of process, filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any bonds, whether taxable or not) and shall include the right to recover such fees and costs incurred in any appeal or efforts to collect or otherwise enforce any judgment in its favor in addition to any other remedy it may obtain or be awarded. Any judgment or final order issued in any legal proceeding shall include reimbursement for all such attorneys' fees and costs. In any legal proceeding, the "prevailing Party" shall mean the Party determined by the court to most nearly prevail and not necessarily the Party in whose favor a judgment is rendered. 9.2 Interpretation. This Agreement has been negotiated at arm's length, each Party has been represented by independent legal counsel in this transaction, and this Agreement has been reviewed and revised by counsel to each of the Parties. Accordingly, each Party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting Party. 9.3 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive Close of Escrow. 9.4 Assignment. Absent an express signed written agreement between the Parties to the contrary, neither Grantor nor City may assign its rights or delegate its duties under this Agreement without the express written consent of the other, which consent may be withheld for any reason. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement. 9.5 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 9 150 9.6 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 9.7 Integrated Agreement; Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof and cannot be amended or modified except by a written instrument executed and delivered by the Parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. In addition there are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties upon which any Party is relying upon in entering this Agreement that are not fully expressed herein. 9.8 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, any such provision shall not be affected by the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as expressed herein. 9.9 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either Party desires or is required to give to the other Party or any other person shall be in writing. Any such communication may be served personally, or by nationally recognized overnight delivery service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the Party's address as set forth below: To City: City of Dublin 100 Civic Plaza Dublin, California 94568 Attn: City Engineer Copy to City Attorney PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 10 151 To Grantor: Javid Roshan and Zarmina Mayar 5868 Tassajara Road Dublin, CA 94568 To Escrow Holder: First American Title Company Attn: Any such communication shall be deemed effective upon personal delivery or on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. Any Party may change its address by notice to the other Party. Each Party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice. 9.10 Time. Time is of the essence to the performance of each and every obligation under this Agreement. 9.11 Days of Week. If any date for exercise of any right, giving of any notice, or performance of any provision of this Agreement falls on a Saturday, Sunday or holiday, the time for performance will be extended to 5:00 p.m. on the next business day. 9.12 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a Party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a Party is required or permitted to give its consent or approval in its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed. 9.13 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. 9.14 Waivers. Any waiver by any Party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any Party. Consent by any Party to any act or omission by another Party shall not be construed to be a consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance. 9.15 Signatures/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 11 152 completely executed counterparts shall be sufficient proof of this Agreement. 9.16 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the Parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between Parties is effective, executed, or delivered, as of the Effective Date. 9.17 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. 9.18 City Approvals. Whenever this Agreement calls for City approval, consent, extension or waiver, the written approval, consent, or waiver of the City's City Manager or his or her designee(s) shall constitute the approval, consent, extension or waiver of the City, without further authorization required from the City's City Council. The City hereby authorizes the City Manager and his or her designee(s) to deliver any such approvals, consents, or extensions or waivers as are required by this Agreement, or that do not otherwise reduce City's rights under this Agreement, and to waive requirements under this Agreement, on behalf of the City. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 12 153 IN WITNESS WHEREOF, this Agreement is executed by City and Grantor as of the Effective Date. CITY OF DUBLIN, a California municipal corporation By: Name: Linda Smith Its: City Manager Attest: City Clerk Reviewed as to Form: City Attorney JAVID ROSHAN AND ZARMINA MAYAR husband and wife as joint tenants By: Name: Javid Roshan By: Name: Zarmina Mayar PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 13 154 EXHIBIT A Real property in the City of Dublin, County of Alameda, State of California, described as follows: BEGINNING AT A POINT ON THE WESTERN LINE OF TASSAJARA ROAD OR COUNTY ROAD NO. 2568, AT THE SOUTHERN END OF THE 69TH COURSE DESIGNATED AS SOUTH 2 DEGREES 41' 15" WEST 100 FEET, IN THE DECREE RENDERED IN THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA, SOUTHERN DIVISION IN CASE NO. 22352-RECORDED (CERTIFIED COPY OF WHICH DECREE WAS RECORDED JUNE 8, 1945, BOOK 4721, PAGE 182, SERIES NO. SS-36105), ALAMEDA COUNTY RECORDS; RUNNING THENCE NORTH 86 DEGREES 23' 15" WEST 218.81 FEET; THENCE SOUTH 57 DEGREES 09' 56" WEST 368.18 FEET; THENCE SOUTH 86 DEGREES 54' 30" EAST 518.45 FEET TO SAID LINE OF TASSAJARA ROAD; AND THENCE ALONG THE LAST NAMED LINE NORTH 2 DEGREES, 41' 15" EAST 214.04 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: ALL THAT REAL PROPERTY DESCRIBED IN THE GRANT DEED FROM WILLIAM F. ALGER AND VIRGINIA ALGER TO EAST BAY REGIONAL PARK DISTRICT, FEBRUARY 3, 1977, REEL 4707, IMAGE 646, ALAMEDA COUNTY RECORDS. APN: 986-0028-002 155 EXHIBIT B Recording Requested By: City of Dublin No Fee for recording pursuant to Government Code Sections 6103 and 27383 When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 APN: 986-0028-002-00 (portion of) SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED (FOR ROADWAY PURPOSES) TASSAJARA ROAD IMPROVEMENTS -NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL For valuable consideration, the receipt of which is hereby acknowledged, Javid Roshan and Zarmina Mayar, husband and wife as joint tenants (the "GRANTOR"), being the present title owner(s) of record of the herein described parcel of land, does hereby grant in fee title to the City of Dublin, a California municipal corporation ("GRANTEE"), for public roadway. purposes that portion of the real property situated in the City of Dublin, County of Alameda, State of California, Assessor's Parcel No. 986-0028-002-00, described in Exhibit "A" (legal description) and depicted in Exhibit "B" (plat map) attached hereto and incorporated herein. IN WITNESS THEREOF, the Grantor has properly executed this Grant Deed as of day of , 202 . GRANTOR: Javid Roshan and Zarmina Mayar husband and wife as joint tenants By: Name: Javid Roshan By: Name: Zarmina Mayar 156 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 157 November 7, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: FEE ACQUISITION Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road, said point also bring the TRUE POINT OF BEGINING; Thence along the said westerly line, South 3°24'16" West, 214.04 feet; Thence along the southerly line of said lands (2013-350453), North 86°11'29" West, 9.00 feet; Thence leaving said southerly line along the following five (5) courses: 1) North 3°24'16" East, 130.50 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the northerly line of said lands; Thence along said northerly line, South 85°40'14" East, 9.00 feet to the TRUE POINT OF BEGINNING. Containing 1,972 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com Page 1 of 1 158 Ari z LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N8611'29"W 9.00' L2 N86'35'44"W 0.67' L3 S86'35'44"E 0.67' L4 NO3'24'16"E 14.51' L5 S85'40'14"E 9.00' LANDS OF JAYID ROSHAN AND 7ARMINA MAYAR DEED 2013-350453 APN= 986-28-2 LAND DAVIS THRESH No. 6868 OF OF- �1P CALIFO j N3°24'16"E 130.50' L2 N3°24'16"E 69.11' L4 L3 S3°24'16"W 214.04' FEE ACQUISITION 1,972 SQ.FT.± Z.0111011••••-- 40 0 40 I I scale 1" = 40' feet TPOB N86°35'44"W _- 33.00' N3°24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBITB FEE ACQUISITION Job No. 20190525 By KH Date 11/7/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 159 CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN This Certificate of Acceptance by the City of Dublin (hereinafter "Acceptance") is made by the CITY OF DUBLIN, a municipal corporation (hereinafter "City"). RECITAL On , JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS ("Grantor") executed the document entitled Grant Deed ("Grant"), by which the Grantor conveyed an interest in real property to the City. The real property is described more particularly in the Grant, and is generally described as assessor's parcel number 986-0028-02, Dublin, California ("Property"). NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES: The interest in the Property conveyed by the Grant from Grantor to the City is hereby accepted by the undersigned officer on behalf of the City, and the City hereby consents to recordation thereof by its duly authorized officer. CITY OF DUBLIN By: Title: Date: 160 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 161 EXHIBIT C RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 Exempt from recording fee per Govt. Code §27383 & §6103 No Tax Due Exempt Transfer Rev & Tax Code §11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF TEMPORARY CONSTRUCTION EASEMENT JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS PROPERTY PORTION OF APN 986-28-2 5868 TASSAJARA ROAD, DUBLIN, CA TASSAJARA ROAD IMPROVEMENTS - NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT TITLE OF DOCUMENT THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6) 162 Recorded at the request of: City of Dublin Return to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 APN: Portion of 986-28-1 GRANT OF TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions executed by the parties hereto on or about the date hereof (AGREEMENT), the undersigned, JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS (GRANTOR), hereby grants to the CITY OF DUBLIN, A Municipal Corporation (CITY), and its successors and assigns a Temporary Construction Easement, over, across, under and through the real property situated in the City of Dublin, County of Alameda, State of California, described in Exhibit A, attached hereto (EASEMENT AREA) for public road construction and conformance purposes related to the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School (PROJECT). The CITY's rights under the easement granted hereby shall include, without limitation, the right of the CITY, its officers, agents, contractors, and employees, and other governmental agencies responsible for review or construction of any portion of the PROJECT and such agencies' officers, agents, contractors, and employees, to enter upon the EASEMENT AREA with personnel, vehicles and equipment for construction of the PROJECT, and all other activities related thereto, to remove all improvements, trees and vegetation thereon that interfere with the purpose for which this easement is granted, to conform the EASEMENT AREA to the PROJECT, and do any and all other actions necessary and appropriate to the construction of the PROJECT. If improvements in the EASEMENT AREA are removed pursuant to this Temporary Construction Easement, such improvements will be reconstructed at the CITY's sole expense upon the termination of the Temporary Construction Easement and will be restored to their original condition or as close thereto as is feasible. If reconstruction is not feasible, the CITY will pay GRANTOR the value of such improvements, which payment shall be in addition to the compensation set forth in the AGREEMENT. This Temporary Construction Easement is fora period of twelve (12) months, to commence upon fourteen (14) days written notice from the CITY to GRANTOR, and shall terminate 12 months after such commencement. In the event the CITY occupies the Temporary Construction Easement area beyond the 12 months, the CITY shall pay GRANTOR additional compensation pursuant to the provisions of the AGREEMENT. In no event shall this Temporary Construction Easement extend beyond the completion of construction. At no additional cost to the CITY, the CITY shall have the right to enter upon GRANTOR's retained property, where necessary, to reconstruct or perform any warranty or conformance works during or after the expiration of the Temporary Construction Easement and any extension thereto and/or the Temporary Construction Easement Page 1 163 completion of the PROJECT. Said works include conforming driveways, walkways, lawn, landscaped and hardscaped areas, irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR's retained property is necessary. All work performed by the CITY in the EASEMENT AREA shall conform to applicable building, fire, and sanitary laws, ordinances and regulations relating to such work and shall be done in a good and workmanlike manner. The rights and obligations contained in this Grant of Temporary Construction Easement will (a) run with the Property and burden, inure to and be for the benefit of and are binding on the Property, Grantor and its successors and assigns, and be an equitable servitude of Grantor and its successors and assigns, and (b) constitute an easement in gross for the benefit of the CITY and its successors and assigns, and will be binding on the CITY and its successors and assigns. IN WITNESS WHEREOF, this Grant of Temporary Construction Easement is signed and executed on GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS By: Javid Roshan By: Zarmina Mayar ATTACH NOTARIZATION Temporary Construction Easement Page 2 164 October 24, 2022 _AIWA BKF Job No: 20190525 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com LEGAL DESCRIPTION EXHIBIT A: TEMPORARY CONSTRUCTION EASEMENT Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road; Thence along the northerly line of said lands (2013-350453), North 85°42'56" West 9.00 feet, said point also bring the TRUE POINT OF BEGINING; Thence along said northerly line, North 85°37'49" West, 10.00 feet; Thence leaving said northerly line, South 3°24'16" West, 214.22 feet to the southerly line of said lands; Thence along said southerly line, South 86°09'04" East, 10.00 feet; Thence leaving said southerly line the following five (5) courses: 1) North 3°24'16" East, 130.51 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the TRUE POINT OF BEGINNING. Containing 2,095 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated Page 1 of 1 165 0 0 LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N85°37'49"W 10.00' L2 S86.09'04"E 10.00' L3 N86°35'44'W 0.67' L4 S86°35'44"E 0.67' L5 NO3°24'16"E 14.51' LANDS OF JAYID ROSHAN AND ZARMINA MAYAR DEED 2013-350453 APN: 986-28-2 S3°24'16"W 214.22' LAND = / DAVIS THRESH No. 6868 OF �1P CALZC. * N3°24'16"E 130.51' L3Z� N3°24'16"E 69.11' L5 TPOB 40 L4 TEMPORARY CONSTRUCTION EASEMENT N86°35'44"W 2,095 SQ.FT.± 33.00' Z� 0 40 scale 1"=40' feet N3°24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD N85°42'56"W 9.00' S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT Job No. 20190525 By KH Date 10/24/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 167 CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN This Certificate of Acceptance by the City of Dublin (hereinafter "Acceptance") is made by the CITY OF DUBLIN, a municipal corporation (hereinafter "City"). RECITAL On , JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS ("Grantor") executed the document entitled Grant of Temporary Construction Deed ("TCE"), by which the Grantor conveyed an interest in real property to the City. The real property is described more particularly in the TCE, and is generally described as assessor's parcel number 986-0028-02, Dublin, California ("Property"). NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES: The interest in the Property conveyed by the TCE from Grantor to the City is hereby accepted by the undersigned officer on behalf of the City, and the City hereby consents to recordation thereof by its duly authorized officer. CITY OF DUBLIN By: Title: Date: 168 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 169 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS THIS PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (this "Agreement") is entered into as of , 2024 (the "Effective Date"), by and between the CITY OF DUBLIN, a California municipal corporation ("City"), and JAVID ROSHAN AND ZARMINA MAYAR, husband and wife as joint tenants ("Grantor"). Grantor and City are individually referred to herein as a "Party," and collectively referred to herein as the "Parties." RECITALS A. Grantor is the owner of certain real property located in the City of Dublin, California, designated as APN 986-0028-002 (the "Property"). B. The Property is approximately 1.00 acres (43,560 square feet) in size. The site is vacant. The Property is more particularly described in Exhibit A attached hereto and incorporated herein by this reference. C. The City is proposing to construct the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project ("Project"), which requires the acquisition of the Property. D. City desires to acquire portions of Grantor's property for the construction of the Project. City proposes to acquire 1,972 square feet in Fee Simple and 2,095 square feet in Temporary Construction Easement, both more particularly described in Exhibits B and C attached hereto and incorporated herein by this reference. E. Grantor and City have agreed to execute this Agreement in lieu of condemnation. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the Parties, Grantor and City hereby agree as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full. 2. PURCHASE AND SALE. 2.1 Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, Grantor hereby agrees to sell the Property to City, and City hereby agrees to acquire the Property from Grantor. 2.2 Purchase Price. The purchase price for the Property to be paid by City to Grantor (the "Purchase Price") is One Hundred F i ft y Two Thousand Dollars ($152,000). The full amount of the Purchase Price PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 1 170 shall be paid in immediately available funds to Grantor on the Closing Date (defined below). 2.3 Conveyance Notification. In the event Grantor sells, conveys or assigns any property interest, encumbered by the Agreement prior to City exercising the rights granted herein, Grantor shall notify the successor or assignor of the rights and obligations of both parties as included herein. 2.4 Unexpected Delays. In case of unpredictable delays in construction, upon written notification by City, the terms of the TCE may be extended by an amendment to this Agreement. Grantor shall be compensated based on fair market value as determined by the City using the same methodology as the appraisal. Payment shall be made to the Grantor for the extension prior to the expiration of the original TCE period. 2.5 Miscellaneous Realty Items Acquired. It is understood and agreed by and between the Parties hereto that payment in Section 2.2 above includes, but is not limited to, payment for 240 linear feet (10 wooden fencing, 14 if wooden gate, one automatic gate, 208 brick pavers, 48 square feet (sf) aggregate paving, two tower lights, one chicken coop, 1,282 sf landscaping, one water fountain, and one pergola, which are considered to be part of the realty and are being acquired by the City in this transaction 2.6 City Performed Work. All City performed work done under this agreement shall conform to all applicable building, fire and sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good workmanlike manner. All structures, improvements or other facilities, when removed, and relocated, or reconstructed by the City or its authorized agent, shall be left in as good condition as found. 2.7 Cost to Cure Damages. It is understood and agreed by and between the Parties hereto that included in the amount payable under Section 2.2 above is payment in full to compensate Grantor for the Grantor's expenses associated with the following work: install 217 if wooden fencing, 14 if wooden gate, one automatic gate, and two tower lights. 3. ESCROW. 3.1 Escrow Account. The Parties shall open an escrow account (the "Escrow") with First American Title Company (the "Escrow Holder"). Escrow Holder shall perform all Escrow and title services in connection with this Agreement. 3.2 Opening of Escrow. Within three (3) business days after the Effective Date, the Parties will deposit into Escrow the fully executed Agreement, or executed counterparts thereto. The date such fully executed Agreement is PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 2 171 received by Escrow Holder will be deemed the "Opening of Escrow" and Escrow Holder will give written notice to the Parties of such occurrence. 3.3 Satisfaction of Due Diligence Contingency. City shall have the right, in its sole and absolute discretion, to terminate this Agreement for any reason prior to the expiration of the "Due Diligence Contingency Period" (as defined in Section 4.2 below). City hereby agrees to provide written notice to Grantor prior to the expiration of the Due Diligence Contingency Period if City disapproves any due diligence items or approves all due diligence items ("City Notice"). If City disapproves any items through the delivery of the City Notice to Grantor before 5:00 p.m. on the last day of the Due Diligence Contingency Period, this Agreement shall terminate, and all amounts deposited by City into Escrow will be returned to City, and neither Party shall have any further rights or obligations hereunder except those which expressly survive the termination hereof. If City fails to timely deliver the City Notice to Grantor, it will be conclusively presumed that City has approved all such items, matters or documents. 4. PROPERTY DISCLOSURE REQUIREMENTS. 4.1 Condition of Title/Preliminary Title Report. Grantor shall cause the Escrow Holder to deliver to City a Preliminary Title Report for the Property (the "Preliminary Report") within ten (10) days after the Effective Date. City shall have thirty (30) days after receipt of the Preliminary Report to approve the Preliminary Report. If there are any changes to the Preliminary Report prior to Closing, City shall have fifteen (15) days after receipt of the revised Preliminary Report to approve such changes. Notwithstanding City's delivery of the City Notice, City agrees to take title to the Property subject to the following "Permitted Exceptions:" (a) standard printed exceptions in the Preliminary Report, (b) general and special real property taxes and assessments constituting a lien not yet due and payable, and (c) any other title exceptions expressly approved by City pursuant to the City Notice. 4.2 Due Diligence Contingency Period. City will have sixty (60) days from the Effective Date (the "Due Diligence Contingency Period") to complete physical inspections of the Property and due diligence related to the purchase of the Property. During the Due Diligence Contingency Period, representatives of City shall have the right of access to all portions of the Property, at all reasonable times, for the purpose of conducting studies, inspections and investigations of the Property and obtaining data and making surveys and tests necessary to carry out this Agreement, including the investigation of the environmental condition of the Property, and geotechnical, seismic, mechanical, and engineering testing. Any such access to the Property by City shall be done at the sole expense of the City and shall be coordinated with Grantor's representatives. Any surveys and tests shall be undertaken only after securing any necessary permits from the appropriate governmental agencies. As soon as practical after the Effective PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 3 172 Date, Grantor shall provide to City copies of all reasonably available and known documents that Grantor has in its possession with respect to the Property. City hereby agrees to indemnify and hold Grantor harmless for any damage to the Property caused (but not merely revealed) by City's inspections. 4.3 Property Disclosure. California Health & Safety Code section 25359.7 requires owners of non-residential real property who know, or have reasonable cause to believe, that any release of hazardous substances are located on or beneath the real property to provide written notice of same to the buyer of real property. Other applicable laws require Grantor to provide certain disclosures regarding natural hazards affecting the Property. Grantor agrees to disclose to City all material information with respect to the Property and all defects therein known by Grantor, and to make all necessary disclosures required by law. Grantor hereby represents to the best of its knowledge that it is not aware of and has not received any notice or communication from any government agency having jurisdiction over the Property notifying Grantor of the presence of surface or subsurface zone Hazardous Materials in, on, or under the Property or any portion thereof. "Best of its knowledge," as used herein, shall not impose a duty of investigation, and shall be limited to the best knowledge of Grantor employees and agents who manage the Property or have participated in the preparation of this Agreement, and all documents and materials in the possession of Grantor. 4.4 Occupants of the Property. Grantor shall, at no cost or expense to City, be responsible for (i) causing all occupants of the Property (if any) to vacate prior to the Closing, and (ii) for complying and/or causing compliance with all applicable laws and regulations concerning the displacement and/or relocation of all eligible persons from the Property, including without limitation, compliance with the California Relocation Assistance Law, California Government Code Section 7260, et seq., all state and local regulations implementing such laws, and all other applicable state and local laws and regulations. 5. CLOSING AND PAYMENT OF PURCHASE PRICE. 5.1 Closing. The closing ("Closing" or "Close of Escrow") will occur no later than thirty (30) days after the end of the Due Diligence Contingency Period ("Closing Date"). In the event that Closing has not occurred on or prior to the Closing Date, either Party not then in default may, upon five (5) days advance written notice to the other Party, terminate this Agreement and the Escrow. If neither Party so elects to terminate this Agreement and the Escrow, Escrow Holder shall close the Escrow as soon as possible. Upon any termination of this Agreement, neither Party shall have any further rights or obligations hereunder; except for the rights and obligations expressly provided to survive termination of this Agreement. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 4 173 5.2 City's Conditions to Closing. City's obligation to purchase the Property is subject to the satisfaction of all of the following conditions or City's written waiver (in City's sole discretion) of such conditions on or before the Closing Date: (a) Expiration of the Due Diligence Contingency Period with no exercise by City of its rights under this Agreement to terminate this Agreement. (b) Grantor has deposited into the Escrow fully executed "Grant Deed" and "Grant of Temporary Construction Easement" (as defined in Section 5.5(a) below) and all other documents to be submitted by Grantor pursuant to this Agreement, all duly executed by Grantor. (c) City has deposited into the Escrow the Purchase Price and all Escrow fees and costs of the buyer's title policy that are the responsibility of City under Section 5.5(d) below ("City's Escrow and Title Costs"). (d) Grantor's representations and warranties herein are true and correct in all material respects as of the Closing Date. (e) The Title Company is irrevocably committed to issue a CLTA or ALTA Title Policy to City, as selected by City, and such endorsements requested by City, insuring title to City in the full amount of the Purchase Price subject only to the Permitted Exceptions. (f) There shall be no occupants of the Property, and any former occupants shall have received all relocation assistance and benefits as required by law. (g) Grantor has performed all obligations to be performed by Grantor pursuant to this Agreement. 5.3 Grantor's Conditions to Closing. The Close of Escrow and Grantor's obligation to sell and convey the Property to City are subject to the satisfaction of the following conditions or Grantor's written waiver (in Grantor's sole discretion) of such conditions on or before the Closing Date: (a) City has deposited into the Escrow the Purchase Price and City's Escrow and Title Costs. (b) City has deposited into the Escrow a fully executed Acceptance of Grant Deed and Grant of Temporary Construction Easement and all PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 5 174 other documents to be submitted by City pursuant to this Agreement, all duly executed by City. (c) City's representations and warranties set forth herein are true and correct in all material respects as of the Closing Date. (d) City has performed all obligations to be performed by City pursuant to this Agreement before Closing Date. 5.4 Conveyance of Title. Grantor will deliver fee simple title and a temporary construction easement to City at the Closing, subject only to the Permitted Exceptions. 5.5 Deliveries at Closing. (a) Deliveries by Grantor. Grantor shall deposit into the Escrow for delivery to City at Closing: (i) a grant deed (Exhibit B - the "Grant Deed"); (ii) a Grant of Temporary Construction Easement (Exhibit C - the "Grant of TCE"); and (iii) any other documents required for the Escrow. (b) Deliveries by City. No less than one (1) business day prior to the close of Escrow, City shall deposit into Escrow (i) the acceptance of the Grant Deed and Grant of TCE, and (ii) immediately available funds in the amount equal to the Purchase Price as adjusted by any prorations between the Parties, and City's share of the Escrow and title fees. (c) Closing. Upon Closing, Escrow Holder shall: (i) record the Grant Deed and Grant of TCE; (ii) disburse to Grantor the Purchase Price, less Grantor's share of any Escrow and title fees, costs and expenses; (iii) deliver to City a conformed copy of the original recorded Grant Deed and Grant of TCE; and (iv) distribute to itself the payment of Escrow fees and expenses required hereunder. (d) Closing Costs. City and Grantor shall each be responsible for one- half of all Escrow fees (including the costs of preparing documents and instruments), recording fees, governmental conveyance fees and transfer taxes (if any). Grantor shall be responsible for the portion of the cost of the buyer's title insurance policy equal to the premium for a CLTA buyer's title policy in the amount of the Purchase Price. City shall be responsible for any additional costs of the buyer's title policy, including the incremental cost of an ALTA buyer's policy and the cost of any endorsements requested by City. The parties understand that there will be no recording fees or documentary transfer taxes for this transaction. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 6 175 (e) Property Taxes. Proration of property taxes, if any, will be made at the Close of Escrow. 6. REPRESENTATIONS, WARRANTIES AND COVENANTS. 6.1 Grantor's Representations, Warranties and Covenants. In addition to the representations, warranties and covenants of Grantor contained in other sections of this Agreement, Grantor hereby represents, warrants and covenants to City that the statements below in this Section 6.1 are each true and correct as of the Closing Date; provided, however, if to Grantor's actual knowledge any such statement becomes untrue prior to Closing, Grantor will notify City in writing and City will have three (3) business days thereafter to determine if City wishes to proceed with Closing. If City determines it does not wish to proceed, then the terms of Section 6.2 will apply. (a) Authority. Grantor has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by Grantor, and upon delivery to and execution by City is a valid and binding agreement of Grantor. Grantor has complied with, and is not required to take any further actions to comply with, state surplus property law requirements, Grantor property conveyance requirements, or any other legal requirements except as provided in this Agreement. (b) Encumbrances. Grantor has not sold, leased, alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Property or any portion thereof, nor entered into any agreement to do so, and there are no liens, encumbrances, mortgages, leases, covenants, conditions, reservations, restrictions, easements or other matters affecting the Property, except as disclosed in the Preliminary Report. Grantor will not, directly or indirectly, sell, lease, alienate, encumber, transfer, mortgage, assign, pledge, or otherwise convey its interest in the Property or any portion thereof prior to the Close of Escrow, as long as this Agreement is in force. (c) Other Agreements. There are no leases, purchase agreements, use agreements, or other agreements affecting the Property except those which have been disclosed by Grantor. There are no agreements affecting the Property which will be binding on the City or the Property after the Close of Escrow, which cannot be terminated on thirty (30) days prior written notice. (d) No Occupants of Property. There are no tenants, occupants or other persons who reside on the Property or have any right to occupy the Property. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 7 176 The truth and accuracy of each of the representations and warranties, and the performance of all covenants of Grantor contained in this Agreement are conditions precedent to City's obligation to proceed with the Closing hereunder. The foregoing representations and warranties shall survive the expiration, termination, or close of Escrow of this Agreement and shall not be deemed merged into the deed upon closing. 6.2 City's Representations and Warranties. In addition to the representations, warranties and covenants of City contained in other sections of this Agreement, City hereby represents, warrants and covenants to Grantor that the statements below in this Section 6.2 are each true as of the Effective Date, and, if to City's actual knowledge any such statement becomes untrue prior to Closing, City shall so notify Grantor in writing and Grantor shall have three (3) business days thereafter to determine if Grantor wishes to proceed with Closing. (a) City has the full right, capacity, power and authority to enter into and carry out the terms of this Agreement. This Agreement has been duly executed by City, and upon delivery to and execution by Grantor shall be a valid and binding agreement of City. (b) Upon acquisition of the Property, City intends to use the Property for public purposes, including the construction of Tassajara Road Improvement. The truth and accuracy of each of the representations and warranties, and the performance of all covenants of City contained in this Agreement are conditions precedent to Grantor's obligation to proceed with the Closing hereunder. 7. REMEDIES In the event of a breach or default under this Agreement by Grantor, if such breach or default occurs prior to Close of Escrow, City reserves the right to either (a) seek specific performance from Grantor or (b) to do any of the following: (i) to waive the breach or default and proceed to close as provided herein; (ii) to extend the time for performance and the Closing Date until Grantor is able to perform; or (iii) to terminate this Agreement upon written notice to Grantor, whereupon Grantor shall cause Escrow Holder to return to City any and all sums placed into the Escrow by City, and except for the rights and obligations expressly provided to survive termination of this Agreement, neither Party shall have any further obligations or liabilities hereunder. IN NO EVENT SHALL EITHER PARTY BE ENTITLED TO LOST PROFITS OR CONSEQUENTIAL DAMAGES AS A RESULT OF THE OTHER PARTY'S BREACH OF THIS AGREEMENT. 8. BROKERS. Grantor represents that no real estate broker has been retained by Grantor in the sale of the Property or the negotiation of this Agreement. Grantor shall indemnify, hold harmless and defend City from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder's fee, or similar charges arising out of Grantor's conduct. City represents PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 8 177 that no real estate broker has been retained by City in the procurement of the Property or negotiation of this Agreement. City shall indemnify, hold harmless and defend Grantor from any and all claims, actions and liability for any breach of the preceding sentence, and any commission, finder's fee, or similar charges arising out of City's conduct. 9. MISCELLANEOUS. 9.1 Attorneys' Fees. If any Party employs counsel to enforce or interpret this Agreement, including the commencement of any legal proceeding whatsoever (including insolvency, bankruptcy, arbitration, mediation, declaratory relief or other litigation), the prevailing Party shall be entitled to recover its reasonable attorneys' fees and court costs (including the service of process, filing fees, court and court reporter costs, investigative fees, expert witness fees, and the costs of any bonds, whether taxable or not) and shall include the right to recover such fees and costs incurred in any appeal or efforts to collect or otherwise enforce any judgment in its favor in addition to any other remedy it may obtain or be awarded. Any judgment or final order issued in any legal proceeding shall include reimbursement for all such attorneys' fees and costs. In any legal proceeding, the "prevailing Party" shall mean the Party determined by the court to most nearly prevail and not necessarily the Party in whose favor a judgment is rendered. 9.2 Interpretation. This Agreement has been negotiated at arm's length, each Party has been represented by independent legal counsel in this transaction, and this Agreement has been reviewed and revised by counsel to each of the Parties. Accordingly, each Party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting Party. 9.3 Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive Close of Escrow. 9.4 Assignment. Absent an express signed written agreement between the Parties to the contrary, neither Grantor nor City may assign its rights or delegate its duties under this Agreement without the express written consent of the other, which consent may be withheld for any reason. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement. 9.5 Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 9 178 9.6 Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. 9.7 Integrated Agreement; Modifications. This Agreement contains all the agreements of the Parties concerning the subject hereof and cannot be amended or modified except by a written instrument executed and delivered by the Parties. There are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties hereto relating to the subject matter of this Agreement that are not fully expressed herein. In addition there are no representations, agreements, arrangements or understandings, either oral or written, between or among the Parties upon which any Party is relying upon in entering this Agreement that are not fully expressed herein. 9.8 Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, any such provision shall not be affected by the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as expressed herein. 9.9 Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either Party desires or is required to give to the other Party or any other person shall be in writing. Any such communication may be served personally, or by nationally recognized overnight delivery service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the Party's address as set forth below: To City: City of Dublin 100 Civic Plaza Dublin, California 94568 Attn: City Engineer Copy to City Attorney PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 10 179 To Grantor: Javid Roshan and Zarmina Mayar 5868 Tassajara Road Dublin, CA 94568 To Escrow Holder: First American Title Company Attn: Any such communication shall be deemed effective upon personal delivery or on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. Any Party may change its address by notice to the other Party. Each Party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice. 9.10 Time. Time is of the essence to the performance of each and every obligation under this Agreement. 9.11 Days of Week. If any date for exercise of any right, giving of any notice, or performance of any provision of this Agreement falls on a Saturday, Sunday or holiday, the time for performance will be extended to 5:00 p.m. on the next business day. 9.12 Reasonable Consent and Approval. Except as otherwise provided in this Agreement, whenever a Party is required or permitted to give its consent or approval under this Agreement, such consent or approval shall not be unreasonably withheld or delayed. If a Party is required or permitted to give its consent or approval in its sole and absolute discretion or if such consent or approval may be unreasonably withheld, such consent or approval may be unreasonably withheld but shall not be unreasonably delayed. 9.13 Further Assurances. The Parties shall at their own cost and expense execute and deliver such further documents and instruments and shall take such other actions as may be reasonably required or appropriate to carry out the intent and purposes of this Agreement. 9.14 Waivers. Any waiver by any Party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any Party. Consent by any Party to any act or omission by another Party shall not be construed to be a consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance. 9.15 Signatures/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 11 180 completely executed counterparts shall be sufficient proof of this Agreement. 9.16 Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the Parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between Parties is effective, executed, or delivered, as of the Effective Date. 9.17 Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each Party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such Party's obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such Party and enforceable in accordance with its terms. 9.18 City Approvals. Whenever this Agreement calls for City approval, consent, extension or waiver, the written approval, consent, or waiver of the City's City Manager or his or her designee(s) shall constitute the approval, consent, extension or waiver of the City, without further authorization required from the City's City Council. The City hereby authorizes the City Manager and his or her designee(s) to deliver any such approvals, consents, or extensions or waivers as are required by this Agreement, or that do not otherwise reduce City's rights under this Agreement, and to waive requirements under this Agreement, on behalf of the City. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 12 181 IN WITNESS WHEREOF, this Agreement is executed by City and Grantor as of the Effective Date. CITY OF DUBLIN, a California municipal corporation By: Name: Linda Smith Its: City Manager Attest: City Clerk Reviewed as to Form: City Attorney JAVID ROSHAN AND ZARMINA MAYAR husband and wife as joint tenants By: Name: Javid Roshan By: Name: Zarmina Mayar PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 13 182 EXHIBIT A Real property in the City of Dublin, County of Alameda, State of California, described as follows: BEGINNING AT A POINT ON THE WESTERN LINE OF TASSAJARA ROAD OR COUNTY ROAD NO. 2568, AT THE SOUTHERN END OF THE 69TH COURSE DESIGNATED AS SOUTH 2 DEGREES 41' 15" WEST 100 FEET, IN THE DECREE RENDERED IN THE UNITED STATES DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA, SOUTHERN DIVISION IN CASE NO. 22352-RECORDED (CERTIFIED COPY OF WHICH DECREE WAS RECORDED JUNE 8, 1945, BOOK 4721, PAGE 182, SERIES NO. SS-36105), ALAMEDA COUNTY RECORDS; RUNNING THENCE NORTH 86 DEGREES 23' 15" WEST 218.81 FEET; THENCE SOUTH 57 DEGREES 09' 56" WEST 368.18 FEET; THENCE SOUTH 86 DEGREES 54' 30" EAST 518.45 FEET TO SAID LINE OF TASSAJARA ROAD; AND THENCE ALONG THE LAST NAMED LINE NORTH 2 DEGREES, 41' 15" EAST 214.04 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM: ALL THAT REAL PROPERTY DESCRIBED IN THE GRANT DEED FROM WILLIAM F. ALGER AND VIRGINIA ALGER TO EAST BAY REGIONAL PARK DISTRICT, FEBRUARY 3, 1977, REEL 4707, IMAGE 646, ALAMEDA COUNTY RECORDS. APN: 986-0028-002 183 EXHIBIT B Recording Requested By: City of Dublin No Fee for recording pursuant to Government Code Sections 6103 and 27383 When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 APN: 986-0028-002-00 (portion of) SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED (FOR ROADWAY PURPOSES) TASSAJARA ROAD IMPROVEMENTS -NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL For valuable consideration, the receipt of which is hereby acknowledged, Javid Roshan and Zarmina Mayar, husband and wife as joint tenants (the "GRANTOR"), being the present title owner(s) of record of the herein described parcel of land, does hereby grant in fee title to the City of Dublin, a California municipal corporation ("GRANTEE"), for public roadway. purposes that portion of the real property situated in the City of Dublin, County of Alameda, State of California, Assessor's Parcel No. 986-0028-002-00, described in Exhibit "A" (legal description) and depicted in Exhibit "B" (plat map) attached hereto and incorporated herein. IN WITNESS THEREOF, the Grantor has properly executed this Grant Deed as of day of , 202 . GRANTOR: Javid Roshan and Zarmina Mayar husband and wife as joint tenants By: Name: Javid Roshan By: Name: Zarmina Mayar 184 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 185 November 7, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: FEE ACQUISITION Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road, said point also bring the TRUE POINT OF BEGINING; Thence along the said westerly line, South 3°24'16" West, 214.04 feet; Thence along the southerly line of said lands (2013-350453), North 86°11'29" West, 9.00 feet; Thence leaving said southerly line along the following five (5) courses: 1) North 3°24'16" East, 130.50 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the northerly line of said lands; Thence along said northerly line, South 85°40'14" East, 9.00 feet to the TRUE POINT OF BEGINNING. Containing 1,972 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com Page 1 of 1 186 Ari z LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N8611'29"W 9.00' L2 N86'35'44"W 0.67' L3 S86'35'44"E 0.67' L4 NO3'24'16"E 14.51' L5 S85'40'14"E 9.00' LANDS OF JAYID ROSHAN AND 7ARMINA MAYAR DEED 2013-350453 APN= 986-28-2 LAND DAVIS THRESH No. 6868 OF OF- �1P CALIFO j N3°24'16"E 130.50' L2 N3°24'16"E 69.11' L4 L3 S3°24'16"W 214.04' FEE ACQUISITION 1,972 SQ.FT.± Z.0111011••••-- 40 0 40 I I scale 1" = 40' feet TPOB N86°35'44"W _- 33.00' N3°24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBITB FEE ACQUISITION Job No. 20190525 By KH Date 11/7/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 187 CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN This Certificate of Acceptance by the City of Dublin (hereinafter "Acceptance") is made by the CITY OF DUBLIN, a municipal corporation (hereinafter "City"). RECITAL On , JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS ("Grantor") executed the document entitled Grant Deed ("Grant"), by which the Grantor conveyed an interest in real property to the City. The real property is described more particularly in the Grant, and is generally described as assessor's parcel number 986-0028-02, Dublin, California ("Property"). NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES: The interest in the Property conveyed by the Grant from Grantor to the City is hereby accepted by the undersigned officer on behalf of the City, and the City hereby consents to recordation thereof by its duly authorized officer. CITY OF DUBLIN By: Title: Date: 188 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 189 EXHIBIT C RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 Exempt from recording fee per Govt. Code §27383 & §6103 No Tax Due Exempt Transfer Rev & Tax Code §11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF TEMPORARY CONSTRUCTION EASEMENT JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS PROPERTY PORTION OF APN 986-28-2 5868 TASSAJARA ROAD, DUBLIN, CA TASSAJARA ROAD IMPROVEMENTS - NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT TITLE OF DOCUMENT THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6) 190 Recorded at the request of: City of Dublin Return to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 APN: Portion of 986-28-1 GRANT OF TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions executed by the parties hereto on or about the date hereof (AGREEMENT), the undersigned, JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS (GRANTOR), hereby grants to the CITY OF DUBLIN, A Municipal Corporation (CITY), and its successors and assigns a Temporary Construction Easement, over, across, under and through the real property situated in the City of Dublin, County of Alameda, State of California, described in Exhibit A, attached hereto (EASEMENT AREA) for public road construction and conformance purposes related to the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School (PROJECT). The CITY's rights under the easement granted hereby shall include, without limitation, the right of the CITY, its officers, agents, contractors, and employees, and other governmental agencies responsible for review or construction of any portion of the PROJECT and such agencies' officers, agents, contractors, and employees, to enter upon the EASEMENT AREA with personnel, vehicles and equipment for construction of the PROJECT, and all other activities related thereto, to remove all improvements, trees and vegetation thereon that interfere with the purpose for which this easement is granted, to conform the EASEMENT AREA to the PROJECT, and do any and all other actions necessary and appropriate to the construction of the PROJECT. If improvements in the EASEMENT AREA are removed pursuant to this Temporary Construction Easement, such improvements will be reconstructed at the CITY's sole expense upon the termination of the Temporary Construction Easement and will be restored to their original condition or as close thereto as is feasible. If reconstruction is not feasible, the CITY will pay GRANTOR the value of such improvements, which payment shall be in addition to the compensation set forth in the AGREEMENT. This Temporary Construction Easement is fora period of twelve (12) months, to commence upon fourteen (14) days written notice from the CITY to GRANTOR, and shall terminate 12 months after such commencement. In the event the CITY occupies the Temporary Construction Easement area beyond the 12 months, the CITY shall pay GRANTOR additional compensation pursuant to the provisions of the AGREEMENT. In no event shall this Temporary Construction Easement extend beyond the completion of construction. At no additional cost to the CITY, the CITY shall have the right to enter upon GRANTOR's retained property, where necessary, to reconstruct or perform any warranty or conformance works during or after the expiration of the Temporary Construction Easement and any extension thereto and/or the Temporary Construction Easement Page 1 191 completion of the PROJECT. Said works include conforming driveways, walkways, lawn, landscaped and hardscaped areas, irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR's retained property is necessary. All work performed by the CITY in the EASEMENT AREA shall conform to applicable building, fire, and sanitary laws, ordinances and regulations relating to such work and shall be done in a good and workmanlike manner. The rights and obligations contained in this Grant of Temporary Construction Easement will (a) run with the Property and burden, inure to and be for the benefit of and are binding on the Property, Grantor and its successors and assigns, and be an equitable servitude of Grantor and its successors and assigns, and (b) constitute an easement in gross for the benefit of the CITY and its successors and assigns, and will be binding on the CITY and its successors and assigns. IN WITNESS WHEREOF, this Grant of Temporary Construction Easement is signed and executed on GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS By: Javid Roshan By: Zarmina Mayar ATTACH NOTARIZATION Temporary Construction Easement Page 2 192 October 24, 2022 _AIWA BKF Job No: 20190525 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com LEGAL DESCRIPTION EXHIBIT A: TEMPORARY CONSTRUCTION EASEMENT Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road; Thence along the northerly line of said lands (2013-350453), North 85°42'56" West 9.00 feet, said point also bring the TRUE POINT OF BEGINING; Thence along said northerly line, North 85°37'49" West, 10.00 feet; Thence leaving said northerly line, South 3°24'16" West, 214.22 feet to the southerly line of said lands; Thence along said southerly line, South 86°09'04" East, 10.00 feet; Thence leaving said southerly line the following five (5) courses: 1) North 3°24'16" East, 130.51 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the TRUE POINT OF BEGINNING. Containing 2,095 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated Page 1 of 1 193 0 0 LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N85°37'49"W 10.00' L2 S86°09'04'E 10.00' L3 N86°35'44'W 0.67' L4 S86°35'44'E 0.67' L5 NO3°24'16"E 14.51' LANDS OF JAYID ROSHAN AND ZARMINA MAYAR DEED 2013-350453 APN: 986-28-2 S3°24'16"W 214.22' LAND = / DAVIS THRESH No. 6868 OF �1P CALZC. * N3°24'16"E 130.51' L3Z� N3°24'16"E 69.11' L5 TPOB 40 L4 TEMPORARY CONSTRUCTION EASEMENT N86°35'44"W 2,095 SQ.FT.± 33.00' Z� 0 40 scale 1"=40' feet N3°24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD N85°42'56"W 9.00' S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT Job No. 20190525 By KH Date 10/24/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 195 CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN This Certificate of Acceptance by the City of Dublin (hereinafter "Acceptance") is made by the CITY OF DUBLIN, a municipal corporation (hereinafter "City"). RECITAL On , JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS ("Grantor") executed the document entitled Grant of Temporary Construction Deed ("TCE"), by which the Grantor conveyed an interest in real property to the City. The real property is described more particularly in the TCE, and is generally described as assessor's parcel number 986-0028-02, Dublin, California ("Property"). NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES: The interest in the Property conveyed by the TCE from Grantor to the City is hereby accepted by the undersigned officer on behalf of the City, and the City hereby consents to recordation thereof by its duly authorized officer. CITY OF DUBLIN By: Title: Date: 196 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 197 Recording Requested By: City of Dublin No Fee for recording pursuant to Government Code Sections 6103 and 27383 When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 APN: 986-0028-002-00 (portion of) SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT DEED (FOR ROADWAY PURPOSES) TASSAJARA ROAD IMPROVEMENTS -NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL For valuable consideration, the receipt of which is hereby acknowledged, Javid Roshan and Zarmina Mayar, husband and wife as joint tenants (the "GRANTOR"), being the present title owner(s) of record of the herein described parcel of land, does hereby grant in fee title to the City of Dublin, a California municipal corporation ("GRANTEE"), for public roadway. purposes that portion of the real property situated in the City of Dublin, County of Alameda, State of California, Assessor's Parcel No. 986-0028-002-00, described in Exhibit "A" (legal description) and depicted in Exhibit "B" (plat map) attached hereto and incorporated herein. IN WITNESS THEREOF, the Grantor has properly executed this Grant Deed as of day of , 202_. GRANTOR: Javid Roshan and Zarmina Mayar husband and wife as joint tenants By: Name: Javid Roshan By: Name: Zarmina Mayar 198 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 199 November 7, 2022 -Arra BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: FEE ACQUISITION Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road, said point also bring the TRUE POINT OF BEGINING; Thence along the said westerly line, South 3°24'16" West, 214.04 feet; Thence along the southerly line of said lands (2013-350453), North 86°11'29" West, 9.00 feet; Thence leaving said southerly line along the following five (5) courses: 1) North 3°24'16" East, 130.50 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the northerly line of said lands; Thence along said northerly line, South 85°40'14" East, 9.00 feet to the TRUE POINT OF BEGINNING. Containing 1,972 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com Page 1 of 1 200 Ari z LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N8611'29"W 9.00' L2 N86°35'44"W 0.67' L3 S86'35'44"E 0.67' L4 NO3'24'16"E 14.51' L5 S85°40'14"E 9.00' LANDS OF JAYID ROSHAN AND 7ARMINA MAYAR DEED 2013-350453 APN= 986-28-2 LAND DAVIS THRESH No. 6868 OF OF- �1P CALIFO j N3°24'16"E 130.50' L2 N3°24'16"E 69.11' L4 L3 S3°24'16"W 214.04' FEE ACQUISITION 1,972 SQ.FT.± N86°35'44'W /- 33.00' N3°24'16"E 2,057.32' BASIS OF BERINGS Z.0111011••••-- 40 0 40 I I scale 1" = 40' feet TASSAJARA ROAD TPOB S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBITB FEE ACQUISITION Job No. 20190525 By KH Date 11/7/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 201 CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN This Certificate of Acceptance by the City of Dublin (hereinafter "Acceptance") is made by the CITY OF DUBLIN, a municipal corporation (hereinafter "City"). RECITAL On , JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS ("Grantor") executed the document entitled Grant Deed ("Grant"), by which the Grantor conveyed an interest in real property to the City. The real property is described more particularly in the Grant, and is generally described as assessor's parcel number 986-0028-02, Dublin, California ("Property"). NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES: The interest in the Property conveyed by the Grant from Grantor to the City is hereby accepted by the undersigned officer on behalf of the City, and the City hereby consents to recordation thereof by its duly authorized officer. CITY OF DUBLIN By: Title: Date: 202 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 203 RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 Exempt from recording fee per Govt. Code §27383 & §6103 No Tax Due Exempt Transfer Rev & Tax Code §11922 SPACE ABOVE THIS LINE FOR RECORDER'S USE GRANT OF TEMPORARY CONSTRUCTION EASEMENT JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS PROPERTY PORTION OF APN 986-28-2 5868 TASSAJARA ROAD, DUBLIN, CA TASSAJARA ROAD IMPROVEMENTS - NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT TITLE OF DOCUMENT THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Government Code 27361.6) 204 Recorded at the request of: City of Dublin Return to: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568-0233 APN: Portion of 986-28-1 GRANT OF TEMPORARY CONSTRUCTION EASEMENT For good and valuable consideration pursuant to that certain Purchase and Sale Agreement and Joint Escrow Instructions executed by the parties hereto on or about the date hereof (AGREEMENT), the undersigned, JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS (GRANTOR), hereby grants to the CITY OF DUBLIN, A Municipal Corporation (CITY), and its successors and assigns a Temporary Construction Easement, over, across, under and through the real property situated in the City of Dublin, County of Alameda, State of California, described in Exhibit A, attached hereto (EASEMENT AREA) for public road construction and conformance purposes related to the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School (PROJECT). The CITY's rights under the easement granted hereby shall include, without limitation, the right of the CITY, its officers, agents, contractors, and employees, and other governmental agencies responsible for review or construction of any portion of the PROJECT and such agencies' officers, agents, contractors, and employees, to enter upon the EASEMENT AREA with personnel, vehicles and equipment for construction of the PROJECT, and all other activities related thereto, to remove all improvements, trees and vegetation thereon that interfere with the purpose for which this easement is granted, to conform the EASEMENT AREA to the PROJECT, and do any and all other actions necessary and appropriate to the construction of the PROJECT. If improvements in the EASEMENT AREA are removed pursuant to this Temporary Construction Easement, such improvements will be reconstructed at the CITY's sole expense upon the termination of the Temporary Construction Easement and will be restored to their original condition or as close thereto as is feasible. If reconstruction is not feasible, the CITY will pay GRANTOR the value of such improvements, which payment shall be in addition to the compensation set forth in the AGREEMENT. This Temporary Construction Easement is for a period of twelve (12) months, to commence upon fourteen (14) days written notice from the CITY to GRANTOR, and shall terminate 12 months after such commencement. In the event the CITY occupies the Temporary Construction Easement area beyond the 12 months, the CITY shall pay GRANTOR additional compensation pursuant to the provisions of the AGREEMENT. In no event shall this Temporary Construction Easement extend beyond the completion of construction. At no additional cost to the CITY, the CITY shall have the right to enter upon GRANTOR's retained property, where necessary, to reconstruct or perform any warranty or conformance works during or after the expiration of the Temporary Construction Easement and any extension thereto and/or the Temporary Construction Easement Page 1 205 completion of the PROJECT. Said works include conforming driveways, walkways, lawn, landscaped and hardscaped areas, irrigation systems, sidewalks or any area where reconstruction or warranty work on GRANTOR's retained property is necessary. All work performed by the CITY in the EASEMENT AREA shall conform to applicable building, fire, and sanitary laws, ordinances and regulations relating to such work and shall be done in a good and workmanlike manner. The rights and obligations contained in this Grant of Temporary Construction Easement will (a) run with the Property and burden, inure to and be for the benefit of and are binding on the Property, Grantor and its successors and assigns, and be an equitable servitude of Grantor and its successors and assigns, and (b) constitute an easement in gross for the benefit of the CITY and its successors and assigns, and will be binding on the CITY and its successors and assigns. IN WITNESS WHEREOF, this Grant of Temporary Construction Easement is signed and executed on GRANTOR: JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS By: Javid Roshan By: Zarmina Mayar ATTACH NOTARIZATION Temporary Construction Easement Page 2 206 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com October 24, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: TEMPORARY CONSTRUCTION EASEMENT Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24'16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road; Thence along the northerly line of said lands (2013-350453), North 85°42'56" West 9.00 feet, said point also bring the TRUE POINT OF BEGINING; Thence along said northerly line, North 85°37'49" West, 10.00 feet; Thence leaving said northerly line, South 3°24'16" West, 214.22 feet to the southerly line of said lands; Thence along said southerly line, South 86°09'04" East, 10.00 feet; Thence leaving said southerly line the following five (5) courses: 1) North 3°24'16" East, 130.51 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the TRUE POINT OF BEGINNING. Containing 2,095 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated Page 1 of 1 207 0 0 LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N85°37'49"W 10.00' L2 S86.09'04"E 10.00' L3 N86°35'44'W 0.67' L4 S86°35'44"E 0.67' L5 NO3°24'16"E 14.51' LANDS OF JAYID ROSHAN AND ZARMINA MAYAR DEED 2013-350453 APN: 986-28-2 S3°24'16"W 214.22' LAND = / DAVIS THRESH No. 6868 OF �1P CALZC. * N3°24'16"E 130.51' L3Z� N3°24'16"E 69.11' L5 TPOB 40 L4 TEMPORARY CONSTRUCTION EASEMENT N86°35'44"W 2,095 SQ.FT.± 33.00' Z� 0 40 scale 1"=40' feet N3°24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD N85°42'56"W 9.00' S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBIT B TEMPORARY CONSTRUCTION EASEMENT Job No. 20190525 By KH Date 10/24/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 209 CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN This Certificate of Acceptance by the City of Dublin (hereinafter "Acceptance") is made by the CITY OF DUBLIN, a municipal corporation (hereinafter "City"). RECITAL On , JAVID ROSHAN AND ZARMINA MAYAR, HUSBAND AND WIFE AS JOINT TENANTS ("Grantor") executed the document entitled Grant of Temporary Construction Deed ("TCE"), by which the Grantor conveyed an interest in real property to the City. The real property is described more particularly in the TCE, and is generally described as assessor's parcel number 986-0028-02, Dublin, California ("Property"). NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87 (ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES: The interest in the Property conveyed by the TCE from Grantor to the City is hereby accepted by the undersigned officer on behalf of the City, and the City hereby consents to recordation thereof by its duly authorized officer. CITY OF DUBLIN By: Title: Date: 210 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. STATE OF CALIFORNIA COUNTY OF ) ss On before me, , Notary Public, personally appeared 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. Notary Public (Seal) 211 Attachment 6 144 DUBLIN CALIFORNIA THE NEW AMERICAN BACKYARD City Council 925.833.6650 City Manager 925.833.6650 Community Development 925.833.6610 Economic Development 925.833.6650 FinancellT 925.833.6640 Fire Prevention 925.833.6606 Human Resources 925.833.6605 Parks & Community Services 925.833.6645 Police 925.833.6670 Public Works 925.833.6630 100 Civic Plaza Dublin, CA 94568 P 925.833.6650 F 925.833.6651 www.dublin.ca.gov July 24, 2024 Javid Roshan Zarmina Mayar 5868 Tassajara Road Dublin, CA 94568 SUBJECT: Project: Tassajara Road Gap Closure Project Site Address: 5868 Tassajara Road, Dublin, CA APN: 986-28-2 Dear Mr. Roshan and Ms. Mayar, For settlement purposes, the City of Dublin (City) is willing to compensate you $175,000 which is $23,000 above the City's previous offer of $152,000 presented to you by letter on July 1, 2024. Please consider this amount and if acceptable to you, please contact Rosalyn Zeigler of Associated Right of Way Services, Inc. (AR/WS) at (925) 691-2872 or rzeigler@arws.com. We kindly request that you respond to the City's final settlement offer by August 1, 2024. If this response is acceptable, the Purchase Property Agreement will be revised to reflect the increased purchase price of $175,000. Please be advised that if a settlement cannot be reached by August 1, 2024, the City will proceed with the legal process of securing the required property rights by eminent domain. Sincerely, Laurie Sucgang, P.E. Assistant Public Works Director/City Engineer cc: Michael Boitnott, P.E., Capital Improvement Program Manager Rosalyn Zeigler, Right of Way Consultant, AR/WS 212 Attachment 7 DUBLIN CALIFORNIA THE NEW AMERICAN BACKYARD City Council 925.833.6650 City Manager 925.833.6650 Community Development 925.833.6610 Economic Development 925.833.6650 Finance/IT 925.833.6640 Fire Prevention 925.833.6606 Human Resources 925.833.6605 Parks & Community Services 925.833.6645 Police 925.833.6670 Public Works 925.833.6630 100 Civic Plaza Dublin, CA 94568 P 925.833.6650 F 925.833.6651 www.dublin.ca.gov August 5, 2024 By First Class Mail, Return Receipt Requested Javid Roshan Zarmina Mayar 5868 Tassajara Road Dublin, CA 94568 M N SUBJECT: Notice of Hearing to Consider Resolution of Necessity to Condemn Real Property for the Tassajara Road - North Dublin Ranch Drive to Quarry Lane School Project, City Project No. ST0119 5868 Tassajara Road, Dublin, California, in Alameda County Alameda County Assessor's Parcel Number 986-28-2 Owner: Javid Roshan and Zarmina Mayar Dear Property Owners: In its February 6, 2023 letter to you, the City of Dublin ("City") offered to acquire a portion of your property at 5868 Tassajara Road in Dublin, California, known as Alameda County Assessor's Parcel Number (APN) 986-28-2, along with a temporary construction easement for construction ("Property") for the Tassajara Road Improvements — North Dublin Ranch Drive to Quarry Lane School Project, City Project No. ST0119 ("Project"). The Project will widen portions of Tassajara Road from two to four lanes, and add bike lanes, sidewalks, landscaping, bioretention, street lighting, and relocate utilities. As of the date of this notice letter, you and the City have not been able to negotiate sale of the Property to the City. Pursuant to California Code of Civil Procedure section 1245.235, this letter constitutes notice of the City's intent to hold a public hearing at which the City will consider the adoption of a Resolution of Necessity authorizing condemnation of the Property. The legal description of the Property and a diagram of the Property are attached as Exhibit A and Exhibit B. California Code of Civil Procedure sections 1240.030 and 1245.230 provide that the power of eminent domain may be exercised to acquire property for a proposed project if: (1) the public interest and necessity require the project; (2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (3) the property sought to be acquired is necessary for the project; and (4) the offer required by Section 7267.2 of the Government Code has been made to the owner of record. You are hereby notified that the Dublin City Council, at its meeting to be held on August 20, 2024, at 7:00 p.m., will be asked to decide if the above conditions have been met concerning the Property and, if so, to adopt a Resolution of N Necessity to acquire the Property by eminent domain. As of the date of this Notice, City Council meetings are being held in -person in the Council Chambers and will be broadcast live on Comcast TV channel 28, livestreamed on www.tv28live.org, and streamed on the City's website at https://dublin.ca.gov/ccmeetings. The meeting will be held in the City of Dublin Council Chambers, located at 100 Civic Plaza, Dublin, CA 94568. You have the right to appear at the meeting and be heard on the adoption of the Resolution of Necessity, including regarding whether (1) the public interest and necessity require the Project; (2) the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; (3) the Property sought to be acquired is necessary for the Project; and (4) the offer required by Section 7267.2 of the Government Code has been made to the owner of record. California Code of Civil Procedure section 1245.235 provides that failure to file a written request to appear and be heard within fifteen (15) days after the date of this Notice will result in the waiver of your right to appear and be heard. Notwithstanding this requirement, the City will permit you to be heard at the hearing if you appear in -person at the scheduled date and time or if you wish to participate in the meeting electronically, you have the option of giving public comment electronically by filling out an online speaker slip. Online speaker slips will be available at www.dublin.ca.gov beginning at 10:00 a.m. on August 20, 2024, and the public will be able to address the City Council in person or using a computer or smart phone via a link that will be provided following submission of a speaker slip. A telephonic option will also be available. You may submit your written request to appear and be heard, and any written comments you may have, to the City, Attn: City Clerk, 100 Civic Plaza, Dublin, CA 94568. Written comments received prior to 7:00 p.m. on August 20, 2024 will be read at the City Council meeting. Please note: The amount of compensation the City is required to pay you to acquire the Property is not at issue in this proceeding. The sole purpose of the hearing is to permit the City Council to consider whether to acquire the Property for the Project, as described above. Your failure to appear does not waive your right to seek compensation from the City greater than the amount the City has offered to buy the Property. Further, this notice is not intended to affect any negotiations between you and the City regarding a voluntary sale of your Property to the City. Sincerely, Laurie Sucgang, P.E. Assistant Public Works Director/City Engineer Enclosures: Exhibit A — Legal Description of Property Exhibit B — Diagram Showing Property cc: John D. Bakker, City Attorney Laura D. Beaton, Shute Mihaly & Weinberger LLP November 7, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: FEE ACQUISITION Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24' 16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road, said point also bring the TRUE POINT OF BEGINING; Thence along the said westerly line, South 3°24'16" West, 214.04 feet; Thence along the southerly line of said lands (2013-350453), North 86°11'29" West, 9.00 feet; Thence leaving said southerly line along the following five (5) courses: 1) North 3°24'16" East, 130.50 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the northerly line of said lands; Thence along said northerly line, South 85°40'14" East, 9.00 feet to the TRUE POINT OF BEGINNING. Containing 1,972 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com Page 1 of 1 Plot Nov 07, 2022 at 3:19pm LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE = DEDICATION LIMITS 40 LINE TABLE LINE DIRECTION LENGTH L1 N86'11'29"W 9.00' L2 N86'35'44'W 0.67' L3 S86'35'44'E 0.67' L4 NO3'24'16"E 14.51' L5 S85'40'14"E 9.00' LANDS OF JAVID ROSHAN AND ZARMINA MAYAR DEED 2013-350453 APN: 986-28-2 N3'24'16"E 130.50' L2 N3'24'16"E 69.11' L4 DAVIS THRESH No. 6868 L3— S3°24'16"W 214.04' FEE ACQUISITION 1,972 SQ.FT.t N86°35'44'W 33.00' Z.011111=m-- 0 40 scale 1"=40' feet N3°24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD I TPOB _71 In J S3°24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBIT B FEE ACQUISITION Job No. 20190525 By KH Date 11/7/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT 0 2021 BKF ENGINEERS 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com October 24, 2022 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: TEMPORARY CONSTRUCTION EASEMENT Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Being a portion of the lands of Javid Roshan and Zarmina Mayar as described in that certain Grant Deed filed for record on October 31, 2013 as Document Number 2013-350453, in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "NO3°24' 16'E 2057.32'(M-M)" on the Tract Map7075 Tassajara Creek filed for record on April 18, 2001 in Book 257 of Tract Maps, Pages 47 through 61, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" East, 537.36 feet; Thence perpendicular to the last described course, North 86°35'44" West 33.00 feet to the westerly line of Tassajara Road; Thence along the northerly line of said lands (2013-350453), North 85°42'56" West 9.00 feet, said point also bring the TRUE POINT OF BEGINING; Thence along said northerly line, North 85°37'49" West, 10.00 feet; Thence leaving said northerly line, South 3°24'16" West, 214.22 feet to the southerly line of said lands; Thence along said southerly line, South 86°09'04" East, 10.00 feet; Thence leaving said southerly line the following five (5) courses: 1) North 3°24'16" East, 130.51 feet; 2) North 86°35'44" West, 0.67 feet; 3) North 3°24'16" East, 69.11 feet; 4) South 86°35'44" East, 0.67 feet; 5) North 3°24'16" East, 14.51 feet to the TRUE POINT OF BEGINNING. Containing 2,095 square feet, more or less. As shown on plat attached hereto and by this reference made part hereof as Exhibit B. For: BKF Engineers Davis Thresh, P.L.S. No. 6868 Dated Page 1 of 1 Plot Oct 24, 2022 at 10:42am LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT — LOT LINE = DEDICATION LIMITS 40 LINE TABLE LINE DIRECTION LENGTH L1 N85'37'49'W 10.00' L2 S86'09'04"E 10.00' L3 N86'35'44'W 0.67' L4 S86'35'44'E 0.67' L5 NO3'24'16"E 14.51' LANDS OF JAVID ROSHAN AND ZARMINA MAYAR DEED 2013-350453 APN: 986-28-2 S3'24'16"W 214.22' L3--7_,_ DAVIS THRESH No. 6868 CA1. N3'24'16"E 130.51' N3'24'16"E 69.11' ' L5 L L4--- TEMPORARY CONSTRUCTION EASEMENT N86'35'44'W 2,095 SQ.FT.t 33.00' Z41111111ww---_ 0 40 scale 1"=40' feet N3'24'16"E 2,057.32' BASIS OF BERINGS TASSAJARA ROAD 11 �N85'42'56"W 9.00' S3'24'16"W 537.36' POC BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBITB TEMPORARY CONSTRUCTION EASEMENT Job No. 20190525 By KH Date 10/24/2022 Chkd.WS SHEET 1 OF 1 190525_DOC_PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS Item 6.1 — Resolution Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Certain Real Property Located at 5868 Tassajara Road (APN 986-28-2) and a Temporary Construction Easement Tassajara Road Improvements — North Dublin Ranch Drive to Quarry Lane School, CIP No. STO 1 19 II DUBLIN CALIFORNIA 220 Project Location and Description TASSAJARA LAOAD '-_.SEGMENT 1 SHE HOMES/ Fd3Sif Of16L N DEYELOPMEN7 LLC Fo iSALLIS RAhcH TASS4.WRA 3— Hills 1 N1NDEMEgE cpAtiNa TASSAJARA L RIVAS 5,1 WINJEhERE SHAAWON J Olpir SEGMENT i 7 A SSAJA RA R OA O Existing roadway has been improved by adjacent development. Project will complete street improvements implementing the General and the Complete Streets Policy. • O ile length of roadway 410,- • 2 lanes in each direction • Bike Lanes • Sidewalk / Landscaping / Bio Retention • Street Lighting • Utilities V bV IN3J3A0daI a3S0dOdd N m x Q m m m 221 Project Description R/W Var BW sw OG 1.5% Var 54' TO 94' FC Var 0' 6' * NEW SW BEGIN ® "TA" 4+17.51 CALIFORNIA TO 10 ` SHLD BIKESANE LBA 1—Exist PAVEMENT Exist C&C TO REMAIN Existing Section Typical NewLINESection TA" 2 12' C&G W/ EBOA TRAVEL LANE 2% 12' TRAVEL LANE 8" MEDIAN SPILL CURB FC FC Var Var 0' TO 29' LANDSCAPED MEDIAN 0' TO 12' LEFT LANE 52' 12' TRAVEL LANE _r,' sic p-8 MEDIAN .{ SPILL CURB 2% Var TO 62.5' Var 0' TO 2'-1 12' TRAVEL LANE R/W 6' BIKE LANE 11 �4" CLASS 2 AB SOUTHBOUND NORTHBOUND "TA" 2+99.98 TO 22+63.43 "TA" 2+99.98 TO 21+09.54 TASSAJARA ROAD Exist FC R/W PSE Ex'St FC Var 0' TO 12' RIGHT LANE 6' Exist sw OG Project History • Certified Eastern Dublin EIR and Approval of General Plan Amendment and Specific Plan (Resolution No. 51-93 and No. 53-93, May 10, 1993) • Established Right -of -Way Lines "Precise Plan Line" (Ordinance No. 20-99, September 7, 1999) • Adopted ISMND / MMRP forTassajara/Fallon Road (Resolution No. 145-04, July 20, 2004) • Established Ultimate Right -of -Way Lines (Ordinance No. 2 I-04,August 3, 2004) • Addendum to IS/MND and R/W for 6 to 4 Lanes (Resolution No. 17-2 0, March 3, 2 02 0) • General Plan Amendment and Specific Plan 6 to 4 Lanes (Resolution No. 3 1 -2 0, April 21, 2 02 0) Right -of -Way Acquisition Summary of Offers to Purchase: • Appraisal Mar 18, 2022 • Offer Letter Feb 6, 2023 • Updated Appraisal Oct 22, 2023 • Updated Offer Letter Feb 20, 2024 • Revised Offer Letter July I, 2024 • Revised Offer Letter July 24, 2024 Mr- CO a. LLII 1 2 0 • v m v v cc 0 4.6 LEGEND: PROPOSED CITY RIGHT-OF-WAY - - - EXISTING PARCEL LINE TEMPORARY CONSTRUCTION EASEMENT LINE 3 UNITED STATES OF AMERICA APN: 986-0001-001-07 PUBLIC SERVICE EASEMENT PUBLIC UTILITY EASEMENT LINE RIGHT-OF-WAY ACOUISITION TEMPORARY CONSTRUCTION EASEMENT AREA PUBLIC UTILITY EASEMENT AREA 4 . KA , kiiliELTRPAtt ►_, ' APN ,0003-00 4 I TASSAJARA ROAD ' F.+f: 1 1,70 19,00 20,00 21 •� Adoption of Resolution of Necessity Findings: 1. The public interest and necessity require the Project. 2. The proposed Project is planned or located in the manner that will be the most compatible with the greatest public good and the least private injury. 3. The Property is necessary for the Project. 4. The City has made the offer required by Gov't Code section 7267.2 to the owner of record. Recommendation and Alternatives • Conduct the public hearing, deliberate, and adopt the Resolution Determining that the Public Interest and Necessity Require the Acquisition of a Portion of Certain Real Property Located at 5856 Tassajara Road, Dublin, CA (Alameda County APN 986-28-2) and a Temporary Construction Easement for the Construction of the Tassajara Road Improvements — North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119. • The City Council must consider all evidence presented at the hearing on the Resolution, and must make the four findings in order to adopt the Resolution. • Negotiations can continue after adoption of the Resolution of Necessity or even after the filing of an action in eminent domain. • Policy Alternatives: • The City Council may choose not to adopt the Resolution of Necessity and direct Staff to continue negotiations to acquire the property for the project.