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HomeMy WebLinkAbout5.2 Purchase and Sale Agreement with Kathy L. Beltran for Right-of-Way, Tassajara Road Improvements – North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119r DUBLIN CALIFORNIA STAFF REPORT CITY COUNCIL Agenda Item 5.2 DATE: TO: FROM: SU B,ECT: October 15, 2024 Honorable Mayor and City Councilmembers Colleen Tribby, City Manager Purchase and Sale Agreement with Kathy L. Beltran for Right -of -Way, Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 Prepared by: Laurie Sucgang, City Engineer EXECUTIVE SUMMARY: The City Council will consider approving a Purchase and Sale Agreement with Kathy L. Beltran for 4,662 square feet of right-of-way, 286 square feet of public service easement for utilities, and 4,608 square feet of temporary construction easement for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School project, CIP No. ST0119. STAFF RECOMMENDATION: Adopt the Resolution Approving the Purchase and Sale Agreement and Joint Escrow Instructions with Kathy L. Beltran for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119. FINANCIAL IMPACT: The purchase price for the right-of-way, public service easement, and temporary construction easement is $80,301. There are sufficient funds available in the approved 2024-2029 Capital Improvement Program (CIP) budget for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School project, CIP No. ST0119. DESCRIPTION: On April 21, 2020, the City Council approved Resolution No. 31-20 adopting an amendment to the General Plan and Eastern Dublin Specific Plan changing a segment of Tassajara Road from North Dublin Ranch Drive to the northern City limit with Contra Costa County to a four -lane arterial roadway. Soon thereafter, Staff and consultants proceeded with the design phase to improve Tassajara Road from North Dublin Ranch Drive to Quarry Lane School to a four -lane arterial Page 1 of 3 1 standard with bike lanes, sidewalks, landscaped median, stormwater treatment areas, street lighting, and other associated street improvements. The construction of the project requires the acquisition of right-of-way along the west side of the roadway. A strip of land, utility easement, and a temporary construction easement over the property owned by Kathy L. Beltran, Assessor's Parcel Number 986-0003-001-02, is required. The fee acquisition area is a strip of land along Tassajara Road, consisting of approximately 4,662 square feet. A rectangular area of 286 square feet is necessary for utilities, namely Pacific, Gas and Electric Company, to relocate electrical facilities. Additionally, the City will require a temporary construction easement consisting of approximately 4,608 square feet. The property owner approved the conveyance and sale of the property, utility easement, and temporary construction easement, as proposed in the Purchase and Sale Agreement on September 12, 2024. Upon acquisition of all necessary rights -of -way, utility easement, and temporary construction easements from all properties along Tassajara Road within the project limits, the project design can be completed and advertised for construction, which is anticipated to begin in summer 2025. The Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119, requires right-of-way acquisition from three properties. If approved by the City Council, this will be the second approved purchase and sale agreement for the project. On October 1, 2024, the City Council adopted Resolution No. 110-24, approving a purchase and sale agreement with East Bay Regional Park District. For the third property, on August 20, 2024, the City Council adopted Resolution No. 95-24, a resolution of public interest and necessity to acquire real property at 5856 Tassajara Road (Roshan and Mayar property). Subsequently the City filed an eminent domain lawsuit regarding that property. 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. 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. Page 2 of 3 2 ATTACHMENTS: 1) Resolution Approving the Purchase and Sale Agreement and Joint Escrow Instructions with Kathy L. Beltran for the Tassajara Road Improvements - North Dublin Ranch Drive to Quarry Lane School Project, CIP No. ST0119 2) Exhibit A to Resolution - Purchase and Sale Agreement and Joint Escrow Instructions 3) CIP No. ST0119 Page 3 of 3 3 Attachment I RESOLUTION NO. XX — 24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS WITH KATHY L. BELTRAN FOR THE TASSAJARA ROAD IMPROVEMENTS — NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL PROJECT, CIP NO. ST0119 WHEREAS, Kathy L. Beltran is the owner of real property on Tassajara Road, Assessor's Parcel Number 986-0003-001-02; and 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 requires the acquisition of a portion of the property; and WHEREAS, the City prepared a Purchase and Sale Agreement and Joint Escrow Instructions, attached hereto as Exhibit A; and WHEREAS, the property owner signed the Purchase and Sale Agreement and Joint Escrow Instruction on September 12, 2024, approving the grant of fee title, public service easement, and temporary construction easement to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby approves the Purchase and Sale Agreement and Joint Escrow Instructions with Kathy L. Beltran, attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute the agreement, attached hereto as Exhibit A, and make any necessary, non -substantive changes to carry out the intent of this Resolution, including any minor increases to closing costs, should that be necessary. BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute instruments or documents, as may be necessary, to facilitate the land transfer and close of escrow as outlined in the agreement. {Signatures on the following page} Reso. No. XX-24, Item X.X, Adopted 10/15/2024 Page 1 of 2 4 PASSED, APPROVED AND ADOPTED this 15th day of October 2024, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk Reso. No. XX-24, Item X.X, Adopted 10/15/2024 Page 2 of 2 5 Attachment 2 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 KATHY L. BELTRAN, a married woman ("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 986-0003-001-02 (the "Property"). B. The Property is approximately 3.13 acres (136,306 square feet) in size. The site is improved with residential improvements. 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 4,662 square feet in Fee Simple and 286 square feet in Public Service Easement and 4,608 square feet in Temporary Construction Easement, more particularly described in Exhibits B, C and D 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 Eighty Thousand Three Hundred and One Dollars ($80,301). The full amount of the Purchase Price shall be paid PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 6 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, all buildings, structures and any other improvements affixed to the land which is 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, Public Service Easement, and a Temporary Construction Easement as described in the attached exhibits 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. (a) Grantor shall grant City's Contractor permission to enter Grantor's remaining Property for the purpose of removing the wood pile outside of the TCE area. 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 112 lineal feet chain link fencing, 3 lineal feet, metal gates and 340 lineal feet of wire fencing. 2.8 Permission to Enter Grantor's Land for Personal Property Removal Grantor has personal property, hereinafter after described as a "Wood Pile, located within and partly outside the Property area. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 2 7 City, or its authorized agent, is hereby granted the right to enter upon the remaining property of Grantor for the purpose of removing the Wood Pile from the Property and relocating it onto Grantor's remaining property. Grantor shall designate the area which City, or its authorized agent, shall relocate the Wood Pile by December 15, 2024. If Grantor does not designate an area by this date, City, or its authorized agent will relocate the Wood Pile to an area within the Grantors remaining property as it sees fit. City or its authorized agents will remove and relocate the Wood Pile on or before September 30, 2025. 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 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 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 3 8 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 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 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 4 9 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. 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," "Public Service Easement" 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 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 5 10 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 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, public service easement 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 Public Service Easement (Exhibit C); (iii) the Grant of Temporary Construction Easement (Exhibit D); 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, Public Service Easement and Grant of TCE, and (ii) immediately available funds in the amount equal to the Purchase PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 6 11 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, Public Service Easement 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, Public Service Easement 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. (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. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 7 12 (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 CIose 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. 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. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 8 13 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 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. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 9 14 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. 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. PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 10 15 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: To Grantor: To Escrow Holder: City of Dublin 100 Civic Plaza Dublin, California 94568 Attn: City Engineer Copy to City Attorney Kathy Beltran 6060 Tassajara Road Dublin, CA 94568 First American Title Company 1010 White Rock Road #300 El Dorado Hills, CA 95762 Attn: Debbie Zsoka, File No. 6247244 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 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 11 16 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 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 17 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: Its: City Manager Attest: City Clerk Reviewed as to Form: City Attorney KATHY L. BELTRAN, a married woman By:-;0�-' Name: Kathy L. Beltran, a married woman PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS 13 18 EXHIBIT A Real property in the City of Dublin, County of Alameda, State of California, described as follows: BEGINNING AT THE POINT OF INTERSECTION OF THE WESTERN LINE OF COUNTY ROAD 2568, KNOWN AS TASSAJARA ROAD, WITH THE SOUTHERN LINE OF THE 3.203 ACRE TRACT OF LAND DESCRIBED IN THE DEED TO PAUL COLBURN, DATED JUNE 21, 1933, RECORDED JULY 18, 1933, IN BOCK 2959 OF OFFICIAL RECORDS, PAGE 88; RUNNING THENCE ALONG SAID LINE OF TASSAJARA ROAD NORTH 2° 41' 15" EAST 619.31 FEET TO THE GENERAL NORTHERN LINE OF SAID 3.203 ACRE TRACT; THENCE ALONG THE LAST MENTIONED LINE THE TWO FOLLOWING COURSES AND DISTANCES; SOUTH 53° 11' 15" WEST 265.32 FEET, AND NORTH 25° 18' 45" WEST 135.45 FEET TO THE GENERAL EASTERN LINE OF THE3636.1222 ACRE TRACT OF LAND DESCRIBED IN THE AMENDED DECREE MADE JUNE 4, 1945 FROM THE DISTRICT COURT OF THE UNITED STATES, IN AND FOR THE NORTHERN DISTRICT OF CALIFORNIA, SOUTHERN DIVISION, IN THE ACTION UNITED STATES OF AMERICA VS. 3396 ACRES OF LAND, ETC., CASE NO. 22352-R, CERTIFIED COPY OF WHICH DECREE WAS RECORDED JUNE 8, 1945, IN BOOK 4721 OF OFFICIAL RECORDS, PAGE I. ?; THENCE ALONG THE LAST MENTIONED LINE THE SEVEN FOLLOWING COURSES AND DISTANCES; SOUTH 16° 39' WEST 86.54 FEET; SOUTH 3° 14' WEST 109.11 FEET; SOUTH 11° 58' EAST 43.02 FEET; SOUTH 29° 03' EAST 164.56 FEET; SOUTH 48° 13' EAST 154.91 FEET; SOUTH 7° 22' EAST 53.62 FEET; AND SOUTH 66° 30' WEST 64.60 FEET TO SAID SOUTHERN LINE OF THE 3.203 ACRE TRACT; THENCE ALONG THE LAST MENTIONED LINE SOUTH 79° 38' 45" EAST 122.12 FEET TO THE POINT OF BEGINNING. BEING A PORTION OF PLOTS 12 AND 13, AS SAID PLOTS ARE SHOWN ON THE "MAP OF THE PROPERTY OF THE ESTATE OF ELIZABETH A. DOUGHERTY (DECEASED)", FILED MAY 11, 1891, IN BOOK 8 OF MAPS, PAGE 75, IN THE OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY. APN: 986-0003-001-02 19 Exhibit B RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568-0233 APN: 986-0003-001-02 (portion of) Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S USE This document is EXEMPT from Recording Fees (Govt. Code § 27383 and §6103) and Documentary Transfer Tax (Rev. & Tax Code § 11922). GRANT DEED KATHY L. BELTRAN, a married woman does 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: ATTACH LEGAL DESCRIPTION AND PLAT AS EXHIBITS "A" AND `B" Dated: By: Kathy L. Beltran, a married woman 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 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. , CITY MANAGER AND/OR LAURIE SUCGANG, CITY ENGINEER Dated: By: 20 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 On , 20 before me, , a Notary Public, in and for said State and County, 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 21 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com February 15, 2023 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 Kathy Beltran as described in that certain Grant Deed filed for record on October 19, 2006 as Document 2006392818 in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "N3°24' 16'E 3866.76' (M-M)" on the Tract 8252 filed for record on September 23, 2015 in Book 335 of Tract Maps, Pages 7 through 20, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" West, 1,777.92 feet; Thence perpendicular to the last described course, North 86°35'44" West, 33.00 feet to a point on the westerly line of Tassajara Road, said point also being the TRUE POINT OF BEGINNING; Thence along said westerly line, South 3°24'21" West, 468.88 feet; Thence along the southerly line of said lands of Kathy Beltran, North 78°55'53" West, 9.08 feet; Thence leaving said lands the following five (5) courses: 1) North 3°24'16" East, 309.96 feet to the beginning of a curve to the left, having a radius of 1,958.00 feet; 2) Along said curve, through a central angle of 2°49'28", for an arc length of 96.52 feet; 3) North 0°34'48" East, 29.24 feet to the beginning of a curve to the left, having a radius of 44.00 feet; 4) Along said curve, through a central angle of 33°23'11 ", for an arc length of 25.64 feet to the beginning of a reverse curve, having a radius of 56.00 feet, from said point a radial line bears North 57°11'37" East; 5) Northwesterly along said curve through a central angle of 9°49'40", for an arc length of 9.61 feet to the southerly line of the lands conveyed to The City of Dublin in that certain Offer of Dedication filed for record on June 24, 2005 as Document 2005261502 in the Office of the County Recorder of Alameda County; Thence along said southerly line, South 86°35'44" East, 26.24 feet to the TRUE POINT OF BEGINNING. Containing 4,662 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 2/15/2023 Dated Page 1 of 1 22 LEGEND TPOB = TRUE POINT OF BEGINING POC = POINT OF COMMENCEMENT = LOT LINE = DEDICATION LIMITS LANDS CONVEYED TO CITY OF DUBLIN 2005-261502 CURVE TABLE CURVE DELTA RADIUS LENGTH C1 33'23'11" 44.00' 25.64' C2 9'49'40" 56.00' 9.61' 40 0 40 scale 1" = 40' feet LAND DAVIS THRESH 868y OF CALIF 1P LINE TABLE LINE DIRECTION LENGTH L1 N00'34'48"E 29.24' L2 S86'35'44"E 26.24' FEE ACQUISITION 4,662 SQ.FT.± LANDS OF KATHY BELTRAN DOC 2006392818 APN: 986-3— 1 —2 SEE SHEET 2 POC - N i0 O) N NI tw c N 86'35' 44" W L2 33.00'1 na N3'24'16"E 309.96 S3'24'16"W 468.88 TPOB (./) Nc� co z co cc co < rriWoo w CD N Q COz TASSAJARA ROAD 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 2/15/2023 Chkd WS SHEET 1 OF 2 190525_DOC PIAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 23 Plot Feb 15, 2023 at 8:23am 40 SEE SHEET 1 LANDS 0F KATHY BELTRAN DOC 2006392818 APN: 986-3-1-2 CURVE TABLE CURVE DELTA RADIUS LENGTH Cl 2'49'28" 1958.00' 96.52' LINE TABLE LINE DIRECTION LENGTH L1 N78'55'53'W 9.08' LANDS oP UNITED STATES or AMERICA APN: 986-1-1-7 0 40 scale 1"=40' feet FEE ACQUISITION 4,662 SQ.FT.f U N3'24'16"E 309.96' L1 S3'24'16"W 468.88' 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 2/15/2023 Chkd WS SHEET 2 OF 2 190525_DOC PLAT.dwg COPYRIGHT © 2021 BKF ENGINEERS 24 Exhibit C RECORDING REQUESTED BY: City of Dublin WHEN RECORDED MAIL TO: City Clerk CITY OF DUBLIN 100 Civic Plaza Dublin, CA 94568-0233 APN: 986-0003-001-02 (portion of) Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S USE This document is EXEMPT from Recording Fees (Govt. Code § 27383 and §6103) and Documentary Transfer Tax (Rev. & Tax Code § 11922). PUBLIC SERVICE EASEMENT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KATHY L. BELTRAN, a married woman (Grantor), hereby grant(s) to the CITY OF DUBLIN, a municipal corporation and governmental agency organized under the laws of the State of California, (Grantee), and hereby dedicate for public use the Public Service Easement (PSE) for public utility purposes including electric, gas, communication facilities and all other public utility purposes; together with any and all appurtenances thereto, including the right from time to time to trim and to cut down and clear away or otherwise control any trees or brush, under, over, on and across that real property in the City of Dublin, County of Alameda, State of California, described as: ATTACH LEGAL DESCRIPTION AND PLAT AS EXHIBITS `A" AND `B" The PSE hereby offered for dedication is to be kept open and free of buildings, structures and wells of any kind. Dated: By: Kathy L. Beltran, a married woman ATTACH NOTARIZATION This is to certify that the interest in real property conveyed herein to a governmental agency, is hereby accepted by 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. CITY MANAGER AND/OR LAURIE SUCGANG, CITY ENGINEER Dated: By: 25 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 On , 20 before me, , a Notary Public, in and for said State and County, 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 February 15, 2023 BKF Job No: 20190525 LEGAL DESCRIPTION EXHIBIT A: PUBLIC UTILITY 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 Kathy Beltran as described in that certain Grant Deed filed for record on October 19, 2006 as Document 2006392818 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, 437.36 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 southerly line of said lands (2006392818), North 78°55' 53' West 9.07 feet to the TRUE POINT OF BEGINING; Thence continuing along said southerly line, North 78°55'53" West, 16.98 feet; Thence North 3°24'21" East, 15.84 feet; Thence South 86°35'39" East, 16.83 feet; Thence South 3°24'21" West, 18.11 feet to the TRUE POINT OF BEGINNING. Containing 286 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 2/15/2023 Dated 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com Page 1 of 1 27 Plot Feb 15, 2023 at 8:22am LEGEND TPOB = TR POC = P UE POINT OF BEGINING OINT OF COMMENCEMENT = LOT LINE = DEDICATION LIMITS LINE TABLE LINE DIRECTION LENGTH L1 N78'55'53"W 16.99' L2 NO3'24'16"E 15.84' L3 S86'35'44"E 16.83' L4 S03'24'16"W 18.11' LANDS OF UNITED STATES OF AMERICA APN: 986-1-1-7 LANDS OF KATHY BELTRAN DOC 2006392818 L2 APN: 986-3--1-2 N78'55'53"W -'to —1 9.07' PUBLIC UTILITY EASEMENT L4 286 SQ.FT.± 40 MINI E Mill scale I N86°35'44"W 33.00' I, — S3'24'16"W 437.36' N3'24'16"E 2,057.32' BASIS OF BEARINGS 0 40 1" = 40' feet POC /I BKF ENGINEERS 4670 WILLOW ROAD SUITE 250 PLEASANTON, CA 94588 (925) 396-7700 www.bkf.com Subject EXHIBIT B PUBLIC UTILITY EASEMENT Job No. 20190525 By KH Date 2/15/2023 Chkd.WS SHEET 1 OF 1 190S2S_DOC_PLAT.dwg COPYRIGHT 0 2021 BKF ENGINEERS 28 Exhibit D 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 KATHY L. BELTRAN, A MARRIED WOMAN PROPERTY PORTION OF APN 986-0003-001-02 6060 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) 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 986-0003-001-02 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, KATHY L. BELTRAN, A MARRIED WOMAN (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 CERTIFICATE OF ACCEPTANCE This is to certify that the interest in real property conveyed by the Grant Deed dated , 2024 from ("Grantor") to the CITY OF DUBLIN ("Grantee") is hereby accepted on behalf of the City by the undersigned officer or agent pursuant to authority conferred by Resolution No. 24-87 of the Dublin City Council, adopted on April 13, 1987, and that the City consents to recordation of the Grant Deed in the official records of Alameda County by its duly authorized officer. Dated: , 2024 CITY OF DUBLIN By: 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 On , 20 before me, , a Notary Public, in and for said State and County, 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 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com February 15, 2023 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 Kathy Beltran as described in that certain Grant Deed filed for record on October 19, 2006 as Document 2006392818 in the Office of the County Recorder of Alameda County, more particularly described as follows: COMMENCING at the northerly monument as shown as "N3°24' 16'E 3866.76' (M-M)" on the Tract 8252 filed for record on September 23, 2015 in Book 335 of Tract Maps, Pages 7 through 20, in the Office of the County Recorder of Alameda County, Thence South 3°24'16" West, 1,777.92 feet; Thence perpendicular to the last described course, North 86°35'44" West, 33.00 feet to a point on the westerly line of Tassajara Road; Thence along the southerly line of the lands conveyed to The City of Dublin in that certain Offer of Dedication filed for record on June 24, 2005 as Document 2005261502 in the Office of the County Recorder of Alameda County North 86°35'44" West, 26.24 feet to the TRUE POINT OF BEGINNING; Thence continuing along said southerly line, North 86°35'44" West, 10.04 feet; Thence leaving said southerly line of the lands of The City of Dublin (2005261502) along the following fourteen (14) courses: 1) Thence North 0°34'48" East, 22.61 feet; 2) North 88°25'35" West, 4.63 feet to the beginning of a non -tangent curve, having a radius of 66.00 feet, concave east, from said point a radial line bears South 88°43'18" East; 3) Southerly along said curve through a central angle of 22°18'23", for an arc length of 25.70 feet to a point on said curve, from said point a radial line bears North 68°58'19" East; 4) Continuing southeasterly along said curve through a central angle of 11 °46'41 ", for an arc length of 13.57 feet to the beginning of a reverse curve, having a radius of 34.00 feet, from said point a radial line bears South 57°11'37" West; 5) Southerly along said curve through a central angle of 33°23'11", for an arc length of 19.81 feet; 6) South 0°34'48" West, 29.24 feet to the beginning of a curve to the right, having a radius of 1,948.00 feet; 7) Along said curve, through a central angle of 2°49'28", for an arc length of 96.03 feet; 8) South 3°24'16" West, 291.86 feet; 9) South 86°35'44" East, 10.00 feet; 10) North 3°24' 16" East, 291.86 feet to the beginning of a curve to the left, having a radius of 1,958.00 feet; 11) Along said curve, through a central angle of 2°49'28", for an arc length of 96.52 feet; 12) North 0°34'48" East, 29.24 feet to the beginning of a curve to the left, having a radius of 44.00 feet; 13) Along said curve, through a central angle of 33°23' 11 ", for an arc length of 25.64 feet to the beginning of a reverse curve, having a radius of 56.00 feet, from said point a radial line bears North 57°11'37" East; Page 1 of 2 February 15, 2023 BKF Job No: 20190525 14) Northwesterly along said curve through a central angle of 9°49'40", for an arc length of 9.61 feet to the TRUE POINT OF BEGINNING. Containing 4,608 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 2/15/2023 Dated 4670 Willow Road Suite 250 Pleasanton California 94588 phone 925.396.7700 fax 925.396.7799 www.bkf.com Page 2 of 2 co LEGEND TPOB = TRUE POC = POINT POINT OF BEGINING OF COMMENCEMENT = LOT LINE 40 scale DEDICATION LANDS CONVEYED TO CITY OF DUBLIN LIMITS 2005-261502 (R)S88'43'18"E j '1g � CURVE TABLE CURVE DELTA RADIUS LENGTH C1 2218'23" 66.00' 25.70' C2 11'46'41" 66.00' 13.57' C3 33'23'11" 34.00' 19.81' C4 33'23'11" 44.00' 25.64' C5 9'49'40" 56.00' 9.61' LINE TABLE LINE DIRECTION LENGTH L1 S86'35'44"E 10.04' L2 SO0'34'48"W 22.61' L3 S88'25'35"E 4.63' L4 SO0'34'48"W 29.24' L5 NO0'34'48"E 29.24' 0 40 LANDS 0F' KATHY BELTRAN 1" = 40' feet DOC 2006392818 APN: 986-3-1-2 L3 SEE SHEET 1 POC 2 N (D 0) " r tVh r` N86'35 44 W N 33 00' T oo S3'24'16"W 2 L1 IOB N86°35'44"W �26.24' J)N57'11'37"E ONN co rn ui Ln onN 11 I0 Ial CO rn N Z TEMPORARY CONSTRUCTION EASEMENT 4,608 SQ.FT.± 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 2/15/2023 Chkd.WS SHEET 1 OF 2 a 190525_000 PLAT.dwg COPYRIGHT 0 2021 BKF ENGINEERS Plot Feb 15, 2023 at 8:26am 40 SEE SHEET 1 CURVE TABLE CURVE DELTA RADIUS LENGTH C1 2'49'28" 1948.00' 96.03' C2 2'49'28" 1958.00' 96.52' LINE TABLE LINE DIRECTION LENGTH L1 S86'35'44"E 10.00' LANDS OF KATHY BELTRAN DOC 2006392818 APN: 986-3-1-2 TEMPORARY CONSTRUCTION EASEMENT 4,608 SQ.FT.± LANDS of UNITED STATES of AMERICA APN, 986— 1 — 1 —7 0 40 E - M scale 1" = 40' feet U y/4 S3-24'16"W 291.86' L1 N U N3'24'16"E 291.86' G 0 te TASSAJARA 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 2/15/2023 Chkd WS SHEET 2 OF 2 190525_0OC_PIAT.dwg COPYRIGHT 0 2021 BKF ENGINEERS Attachment 3 Number — STO 119 i TASSAJARA ROAD IMPROVEMENTS - NORTH DUBLIN RANCH DRIVE TO QUARRY LANE SCHOOL Program — STREETS PROJECT DESCRIPTION This project provides for design and construction to complete the street improvements on Tassajara Road, from North Dublin Ranch Drive to Quarry Lane School. The scope of this project was previously included as part of CIP No. ST0116 - Tassajara Road Realignment & Widening, which included the design and construction of Tassajara Road from North Dublin Ranch Drive to Dublin's northern limit. In Fiscal Year 2018-19, the scope of ST0116 was revised to only include the segment of Tassajara Road north of Fallon Road. The project will improve Tassajara Road to a four -lane arterial standard, with bike lanes, sidewalks, landscaped median, stormwater treatment areas, and other associated street improvements. Portions of the existing roadway have been improved by adjacent development projects and this project will complete the street improvements implementing the General Plan and the Complete Streets Policy. This roadway segment is a project within the Eastern Dublin Transportation Impact Fee program. Preliminary engineering and environmental documentation were completed as part of ST0116. PROJECT TIMELINE: The project is currently in design and right-of-way acquisition. Construction is anticipated to begin in 2025. ANNUAL OPERATING IMPACT: $20,000 2024-2029 CAPITAL IMPROVEMENT PROGRAM ESTIMATED COSTS PRIOR FUTURE YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 YEARS TOTALS 9100 — Salaries & Benefits $136,040 $136,040 9200 — Contract Services $2,169,660 $2,169,660 9300 — Land/Right of Way 9400 — Improvements $436,300 $10,340,000 $1,500,000 $436,300 $11,840,000 9500 — Miscellaneous $418,000 $418,000 TOTAL $13,500,000 $1,500,000 $15,000,000 *BUDGET UPDATE: This sheet reflects a July 16, 2024, City Council approved budget change and $1,000,000 appropriation of Transportation for Clean Air and Measure BB Grant funds. Streets Five -Year Capital Improvement Program 2024-2029 86 FUNDING SOURCE PRIOR YEARS 2024-2025 2025-2026 2026-2027 2027-2028 2028-2029 FUTURE YEARS TOTALS 2201— State Gas Tax $1,201,980 $1,201,980 4301 — Eastern Dublin Transportation Impact Fee $3,848,020 $3,848,020 4305 — Traffic Impact Fee — Dougherty Valley $1,500,000 $1,500,000 4306 — Tri-Valley Transportation Development Fee $5,500,000 $5,500,000 2214 — Measure BB Sales Tax — Local Streets Fund (ACTC) $500,000 $500,000 2207— TFCA/Transportation for Clean Air $128,000 $128,000 2217 — Measure BB Grants $872,000 $872,000 2922 — Tri-Valley Transportation Council Grants $1,450,000 $1,450,000 TOTAL $13,500,000 $1,500,000 $15,000,000 *BUDGET UPDATE: This sheet reflects a July 16, 2024, City Council approved budget change and $1,000,000 appropriation of Transportation for Clean Air and Measure BB Grant funds. Streets Five -Year Capital Improvement Program 2024-2029 87