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Home My WebLink AboutReso 09-06 Purchase of 6500 Dublin Blvd.RESOLUTION NO. 9 - 06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN x x x x x x x x x APPROVING AGREEMENT WITH JAMES & ELINOR LANGE, SUSAN PLISSKIN, LAWRENCE PLISSKIN, STEVEN & JUDITH GOLDMAN, AND GREEN BEAR, LLC, FOR THE PURCHASE OF A PORTION OF PROPERTY IN FEE LOCATED AT 6500 DUBLIN BOULEVARD WHEREAS, it is necessary for the City of Dublin to widen and improve the intersection of Dublin Boulevard and Dougherty Road as part of Capital Improvement Program Project No. 96852, Dougherty Road Improvements — Houston Place to I -580; and WHEREAS, in order to accomplish this goal, it is necessary for the City to acquire a portion of property in fee located at 6500 Dublin Boulevard; and WHEREAS, along with the Grant Deed for the subject portion of 6500 Dublin Boulevard, the City must procure a Temporary Construction Easement in order to facilitate construction of the Project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves the agreement with James & Elinor Lange, Susan Plisskin, Lawrence Plisskin, Steven & Judith Goldman, and Green Bear. LLC BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement (attached hereto as Exhibit A). BE IT FURTHER RESOLVED that the City Manager is authorized to accept the Grant Deed and Temporary Construction Easement as part of the agreement. PASSED, APPROVED AND ADOPTED this 7th day of February, 2006 AYES. Councilmembers Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart NOES- None ABSENT None ABSTAIN None ATTE Crty Clerk Page I of 1 PURCHASE AND SALE AGREEMENT THIS AGREEMENT, dated February 7, 2006, is by and between Green Bear, a California Limited Partnership, Susan J Plisskin, Lawrence J Plisskin, James E. Lange and Elinor J Lange, Trustees of the Lange Family Trust dated January 16, 1996, Steven Martin Goldman and Judith Lerer Goldman, Trustees of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994, and Steven M. Goldman, Trustee as to the undivided' /4 interest formerly vested In Michael Hilde, et ux (collectively "Seller ") and the City of Dublin ( "Buyer "). RECITALS A. WHEREAS, Seller owns certain land and improvements located at 6500 Dublin Boulevard, Dublin, California (Assessor's Parcel Number 941 - 0205 -036); and B. WHEREAS, the subject property is improved with a two story retail /office building, a second one -story retail building and a parking lot; and C. WHEREAS, Seller represents that there are several Tenants who lease a portion of the property (collectively "Tenants ") for commercial and retail purposes. D. WHEREAS, Buyer desires to purchase a portion of the Property in fee more particularly described in Attachment 1 and a temporary construction easement more particularly described in Attachment 2, attached hereto and by reference made a part hereof (hereinafter collectively referred to as "Subject Property "), for the Buyer's Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements — Houston Place to 1 -580, with Scarlett Court Access to Dublin Boulevard Limited to Right Turn Out Only, and Right Turn from Dublin Boulevard to Scarlett Court Eliminated ( "Project "); and Seller desires to sell the Subject Property to Buyer; and E. WHEREAS, Seller and Buyer have agreed to execute this Purchase and Sale Agreement in lieu of condemnation, and this purchase and sale is directly and expressly under threat of eminent domain. In the event that Seller and Buyer were not able to reach an agreement for the purchase and sale of the Subject Property, Buyer would have initiated eminent domain proceedings to acquire title to the Subject Property [This Space Intentionally Left Blank] Purchase & Sale Agreement Page 1 of 9 TERMS WHEREFORE, IT IS MUTUALLY AGREED BETWEEN SELLER AND BUYERS AS FOLLOWS. 1 PURCHASE PRICE. The total purchase price for the subject property to be acquired shall be the sum of: $ 1,009,000.00 2. CONVEYANCE OF TITLE. Seller agrees to convey the Subject Property to Buyer by Grant Deed and a Grant of Temporary Construction Easement (collectively "Deeds "), copies of which are attached hereto respectively as Attachment 1 and Attachment 2, free and clear of all recorded and unrecorded liens, encumbrances, assessments, easements, leases, and taxes EXCEPT A. Taxes for the fiscal year in which this escrow closes, which shall be handled in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. B. Quasi - public utility, public alley, public street easements, and rights of way of record. C. Such other liens, encumbrances, reservations and restrictions as may be approved in writing by the General Counsel of the Buyer 3 TITLE INSURANCE. Chicago Title Company ( "Title Company ") has provided Buyer with its Preliminary Title Report. Buyer has reviewed that Preliminary Title Report and has no objection to any exception to coverage listed therein. Buyer shall obtain an updated Title Report, and shall have five (5) days after receipt of the updated Title Report to object in writing to any new exceptions shown on the report. At close, Title Company shall issue its CLTA Owner's Coverage Form Policy of Title Insurance, with liability in the amount of the Purchase Price, showing title to the Property vested in Buyer, subject to all exceptions except those new exceptions which are specifically objected to in writing by Buyer within five (5) days after receipt of the Title Report. Seller agrees to convey title to the Property to Buyer at Close of Escrow free and clear of all monetary liens and encumbrances, excluding only current real property taxes. Assessments, if any, shall be assumed by Buyer If Seller does not remove one or more such monetary encumbrances, liens, or claims, in addition to all other remedies Buyer may have at law or in equity, Buyer may close Escrow on the scheduled closing date and offset dollar for dollar against the Purchase Price an amount equal to such monetary encumbrances, liens or claims. Purchase & Sale Agreement Page 2 of 9 4 ESCROW An Escrow, Order Number 05- 58901791 -RP ( "Escrow ") has been opened with Chicago Title Company, 7041 Koll Center Parkway, Suite. 220, Pleasanton, CA, 94566 ( "Escrow Holder "). This Agreement constitutes the joint escrow instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts necessary to close this escrow in the shortest possible time. Seller has executed and handed the Deeds to Buyer, concurrently with this Agreement. As soon as possible after opening of escrow, Buyer will deposit the executed deeds, with Certificate of Acceptance attached, with Escrow Agent on Seller's behalf. Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and Seller agree to deposit with Escrow Agent any additional instruments as may be necessary to complete this transaction. Insurance policies for fire or casualty are not to be transferred, and Seller will cancel his own policies after close of escrow All funds received in this escrow shall be deposited with other escrow funds in a general escrow account(s) and may be transferred to any other such escrow trust account in any state or national bank doing business in the State of California. All disbursements shall be made by check from such account(s). ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE: A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and interest thereon, and for any delinquent or non - delinquent assessments or bonds against the property; B. In the event this escrow closes between July 1 and November 1, and current tax information is not available from title insurer, Escrow Agent is instructed to withhold from Seller's proceeds an amount equal to the estimated prorated amount due based upon the previous fiscal year's second half tax bill. If the Title Company determines that more is owed, the Title Company shall bill the Seller directly At such time that the tax information is available, Escrow Agent shall make a check payable to the County Tax Collector for Seller's prorated portion of taxes and forward same to the Buyer and shall refund any difference to the Seller In the event the amount withheld is not sufficient to pay Seller's prorated portion of taxes due, the Seller herein agrees to immediately pay the difference; In the event said tax information is available, Seller's taxes shall be prorated in accordance with Paragraph "C" below Purchase & Sale Agreement Page 3 of 9 C. From the date that tax information is available, as per Paragraph "B ", up to and including June 30, Seller's current taxes, if unpaid, shall be prorated to date of close of escrow on the basis of a 365 day year in accordance with Tax Collector's proration requirements, together with penalties and interest, if said current taxes are unpaid after December 10 and/or April 10 At close of escrow, check payable to the County Tax Collector for Seller's prorata portion of taxes shall be forwarded to Buyer with closing statement; D Any taxes which have been paid by Seller, prior to opening of this escrow, shall not be prorated between Buyer and Seller, but Seller shall have the sole right, after close of escrow, to apply to the County Tax Collector of said county for refund. This refund would apply to the period after Buyer's acquisition, pursuant to Revenue and Taxation Code Section 5096.7 ESCROW AGENT IS AUTHORIZED TO, AND SHALL. E. Pay and charge Seller for any amount necessary to place title in the condition necessary to satisfy Paragraph 3 of this Agreement; F Pay and charge Buyer and Seller for any escrow fees, charges, and costs payable under Paragraph 5 of this Agreement; G. Disburse funds and deliver deed when conditions of this escrow have been fulfilled by Buyer and Seller The term "close of escrow ", if and where written in these instructions, shall mean the date necessary instruments of conveyance are recorded in the office of the County Recorder Recordation of instruments delivered through this escrow is authorized if necessary or proper in the issuance of said policy of title insurance. All time limits within which any matter herein specified is to be performed may be extended by mutual agreement of the parties hereto. Any amendment of, or supplement to, any instructions must be in writing. TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO CLOSE AS SOON AS POSSIBLE. The parties acknowledge that Buyer's governing board is scheduled to consider the approval of this agreement on February 7, 2006. Pursuant to Paragraph 1 herein, if the governing board approves the agreement, the parties desire escrow to close on or before March 9, 2006. Buyer shall take all necessary steps in advance of February 7, 2006, to ensure that, in the event the governing board approves this agreement, escrow will close on or before March 9, 2006, or as soon as possible thereafter. Purchase & Sale Agreement Page 4 of 9 5 ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and Seller's usual fees, charges, and costs which arise in this escrow 6. RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a complete, current, and correct statement of rentals on a form fumished by Seller and deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or rental agreements attached. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from any such leases, subleases or agreements. 7. INDEMNITY AND HOLD - HARMLESS CLAUSE RELATING TO CLAIMS BY TENANTS By operation of law (California Code of Civil Procedure section 1265 110, et seq.), the leases with Tenants shall terminate with regard to the portion of the property acquired by Buyer under threat of eminent domain. Seller agrees to indemnify and hold Buyer harmless against any and all claims arising out of this Agreement which may be made or brought by any of the business tenants against Seller. Said claims may include, but are not limited to: (a) claims for compensation arising out of Buyer's purchase of a portion of the property which is subject to any Lease(s), and (b) claims for breach of lease. Seller is expressly responsible for the defense of any such claims. 8. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the property or any portion thereof, at law, or in equity before any court or governmental agency, domestic or foreign. B. To the best of Seller's knowledge, there are no encroachments onto the property by improvements on any adjoining property, nor do any buildings or improvements encroach on other properties. C Until the closing, Seller shall maintain the property in its current condition and state of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the property. D Until the closing, Seller shall not do anything which would impair Seller's title to any of the property E. To the best of Seller's knowledge, all utilities including gas, electricity, water, sewage, and telephone are available to the property, and all such items are in good working order Purchase & Sate Agreement Page 5 of 9 F To the best of Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or breach any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Seller's property may be bound. G. Until the closing, Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations of this Warranties, Representations, and Covenants of Seller Section not to be true as of closing, immediately give written notice of such fact or condition to Buyer 9 INDEMNITY AND HOLD HARMLESS CLAUSE RELATING TO HAZARDOUS SUBSTANCES. Seller warrants that, to the best of Seller's knowledge, the Property (including surface and subsurface soils and groundwater on and underneath the Property) is free of petroleum products and/or certain "hazardous substances" and/or "hazardous wastes" as defined by Section 311 of the Clean Water Act (33 U.S.C. §1251, et seq.), Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. S9601, et seq.) and Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §9601, et seq). Buyer reserves the right, however, to require Seller to remediate, and /or pay remediation costs relating to, hazardous substances which Seller knew or should have known existed or were present at the Subject Property, and failed to disclose. Seller agrees to indemnify and hold Buyer harmless against any and all claims arising out of the existence of hazardous substances or hazardous wastes in the soil or groundwater 10. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its authorized agents, permission to enter upon the Property at all reasonable times prior to close of escrow for the purpose of making necessary or appropriate inspections and for the purpose of commencing demolition and/or construction of the project for which the property is being purchased. 11. RE- STRIPING OF PARKING LOT Parking lot re- striping as a result of the Project at 6500 Dublin Boulevard shall be completed by Seller within sixty (60) days of Project improvements completion. A no -fee City Permit to re -stripe the parking lot shall be obtained by Seller prior to commencing such work. The cost to re -stripe the parking lot and all other associated work, such as parking lot landscaping, is to be paid for by Seller. 12. COUNTERPARTS. This Agreement may be executed in counterparts, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts together shall constitute one and the same instrument. 13 CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's statement to Buyer (c /o Melissa Morton, City of Dublin, 100 Civic Plaza, Dublin, California 94568), the purpose being to ascertain if any reimbursements are due Seller. Purchase & Sale Agreement Page 6 of 9 14 LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real property or any improvements thereon, by fire or other casualty, occurring prior to the recordation of the Deed shall be at the risk of Seller. In the event that loss or damage to the real property or any improvements thereon, by fire or other casualty, occurs prior to the recordation of the Deed, Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance which may become payable to Seller by reason thereof. 15 EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge that this transaction is a negotiated settlement in lieu of condemnation. Seller hereby waives any and all claims to any money on deposit in said action and further waives all attorney's fees, costs, disbursements, and expenses arising out of any potential known or unknown issues relating to condemnation or inverse condemnation. 16. CONTINGENCY It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. The terms and conditions, covenants, and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. BUYER. City of Dublin Attn: Melissa A. Morton 100 Civic Plaza Dublin, CA 94568 FAX. 925- 829 -9248 cc: Meyers, Nave, Riback, Silver & Wilson 555 12`x' Street, Suite 1500 Oakland, CA 94607 FAX. 510- 808 -2000 Purchase & Sale Agreement Page 7 of 9 SELLERS. Green Bear, a CA LLP Susan J Plisskin Lawrence J Plisskin James E. Lange Trustee of the Lange Family Elinor J Lange, Trustee of the Lange Family Steven Martin Goldman, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust and Trustee as to the undivided /< interest formerly vested In Michael Hilde Judith Lerer Goldman, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust t IN WITNESS WHEREOF, the parties have signed this Agreement this � flay of 2006. "BUYER" CITY OF DUBLIN i By ATTEST By _ AUMTU.-c'—� RECOMMENDED FOR APPROVAL. BY L- � i Za-�� (-�• � (cw Purchase & Sale Agreement Page 8 of 9 "SELLERS" GREEN BEAR, a California Limited Liability Partnership 1 By- Name: r? Title: SUSAN J PLISSKIN LAWRENCE J PLISSKIN JAMES E. LANGE, Trustee of the Lange Family Trust dated January 16, 1996; ELINOR J LANGE, Trustee of the Lange Family Trust dated January 16, 1996 STEVEN MARTIN GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 JUDITH LERER GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 STEVEN MARTIN GOLDMAN, Trustee as to the undivided '' /< interest formerly vested In Michael Hilde, et ux Purchase & Sale Agreement Page 9 of 9 "SELLERS" GREEN BEAR, a California Limited Liability Partnership M Title: J -PLISSKIN LAWRENCE J PLISSKIN JAMES E. LANGE, Trustee of the Lange Family Trust dated January 16, 1996; ELINOR J LANGE, Trustee of the Lange Family Trust dated January 16, 1996 STEVEN MARTIN GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 JUDITH LERER GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 STEVEN MARTIN GOLDMAN, Trustee as to the undivided i4 interest formerly vested In Michael Hilde, et ux Purchase & Sale Agreement Page 9 of 9 "SELLERS" GREEN BEAR, a California Limited Liability Partnership Lo Name: Title: SUSAN J PLISSKIN LAWRENCE J P , SSKIN JAMES E. LANGE, Trustee of the Lange Family Trust dated January 16, 1996; ELINOR J LANGE, Trustee of the Lange Family Trust dated January 16, 1996 STEVEN MARTIN GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 JUDITH LERER GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 STEVEN MARTIN GOLDMAN, Trustee as to the undivided '/< interest formerly vested In Michael Hilde, et ux Purchase & Sale Agreement Page 9 of 9 "SELLERS" GREEN BEAR, a California Limited Liability Partnership By _ Name: Title: SUSAN J PLISSKIN LAWRENCE J PLISSKIN of the Lange Family Trust dated January 16, 1 «� ELINOR J L E, TrusteeQf the Lange Family Trust dated January 16, 1996 STEVEN MARTIN GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 JUDITH LERER GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 STEVEN MARTIN GOLDMAN, Trustee as to the undivided '/4 interest formerly vested In Michael Hilde, et ux Purchase & Sale Agreement Page 9 of "SELLERS" GREEN BEAR, a California Limited Liability Partnership By _ Name: Title: SUSAN J PLISSKIN LAWRENCE J PLISSKIN JAMES E. LANGE, Trustee of the Lange Family Trust dated January 16, 1996, ELINOR J LANGE, Trustee of the Lange Family Trust dated January 16, 1996 EVEN MARTIN GOLD Trustee of the Steven Martin Goldman d Judith Lerer Goldman Revocable Trust dated May 19, 1994 ITH LERER GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 SEEN MARTIN GOLDMAN, Tifistee as to the undivided '/< interest formerly Vsted In Michael Hilde, et ux Purchase & Sale Agreement Page 9 of 9 RECORDING REQUESTED BY The City of Dublin AND WHEN RECORDED MAIL T0- City of Dublin 100 Civic Center Dublin, California 94568 Attn: Steve)' e C bl QkL* Y- - APN: 941 - 0205 -036 NO DOCUMENTARY TRANSFER TAX DUE THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF THE CITY OF DUBLIN, A MUNICIPAL CORPORATION AND IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103 GRANT DEED For valuable consideration, receipt of which is hereby acknowledged, Green Bear, a California Limited Partnership, Susan J. Plisskin, Lawrence J. Plisskin, James E. Lange and Elinor J Lange, Trustees of the Lange Family Trust dated January 16, 1996, Steven Martin Goldman and Judith Lerer Goldman, Trustees of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994, and Steven M. Goldman, Trustee as to the undivided % interest formerly vested In Michael Hilde, et ux (hereinafter collectively "Grantors ") hereby grant to the City of Dublin, a public entity ( "Grantee ") all that real property located in the City of Dublin, County of Alameda, State of California, described in Exhibits A and B attached hereto and incorporated herein. IN WITNESS WHEREOF, Grantors have executed this Grant Deed as of ruaAj 'i 200j6 GRANTORS: GREEN BEAR, a California Limited Liability Partnership By. i Name: I,rv� fl� %� Title: t (' t -+ iLi ri I -I - r- DAAIT(1DC, LAWRENCE J PLISSKIN JAMES E. LANGE, Trustee of the Lange Family Trust dated January 16, 1996, ELINOR J. LANGE, Trustee of the Lange Family Trust dated January 16, 1996 STEVEN MARTIN GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 JUDITH LERER GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994, STEVEN MARTIN GOLDMAN, Trustee as to the undivided % interest formerly vested In Michael Hilde, et ux -2- GRANTORS; SUSAN J. PLISSKIN LAWRENCE J. PLISSKID JAMES E. LANGE, Trustee of the Lange Family Trust dated January 16, 1996, ELINOR J. LANGE, Trustee of the Lange Family Trust dated January 16, 1996 STEVEN MARTIN GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 JUDITH LERER GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994, STEVEN MARTIN GOLDMAN, Trustee as to the undivided % interest formerly vested In Michael Hilde, et ux z- u► •U SUSAN J. PLISSKIN LAWRENCE J. PLISSKIN JAMES E. LANGE, Trustee of the Lange Family Trust dated January 16, 1996, ELINOR J. LA ru tee ofM6 Lange amily Trust dated JaKuary 16, 1996 STEVEN MARTIN GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 JUDITH LERER GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994, STEVEN MARTIN GOLDMAN, Trustee as to the undivided % interest formerly vested In Michael Hilde, et ux z- u► •- SUSAN J. PLISSKIN LAWRENCE J. PLISSKIN JAMES E. LANGE, Trustee of the Lange Family Trust dated January 16, 1996, ELINOR J LANGE, Trustee of the Lange Family Trust dated January 16, 1996 STEVEN MARTIN GOLDM, the Steven Martin Goldman Goldman Revocable Trust( L�� stee of Judith Lerer May 19, 1994 JCfDITH LERER GOLD AN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994, 1 T�� STEVEN MARTIN GOLI the undivided Y<interest Hilde, et ux Trustee as to rlv vested In Michael z- Certificate of Acknowledgment State of California ss. County of On this lL day of a rZZlljzy 200 6, before me, �Go & 7 ZIM5 , the undersigned Notary Public, pdrsonally appeared /ff iC� k7.` /i7l/.lY!' w personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he /she acknowledged to me that he/she executed the same in his /her authorized capacities, and that by his/her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. •�M i. ILI Y . M + 4i,� Certificate of Acknowledgment State of (;' Q, c�rJ ) ` ) ss. County of Cevs ) On this 1 `t �h day of .N n 1200_ ? before me, k4wF Nivc [ /. the undersigned Notary Public, per Wally appeared SUSAN J PLISSKIN, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he /she acknowledged to me that he /she executed the same in his/her authorized capacities, and that by his /her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNI =SS my hand and_officiaLseal. �i,r�q,,�•,• --- OFFICIAL SEAL PUbIIC LAWRENCE F FINNERAN y� Cj�.2gca�! NOTARY PUBLIC - OHECaON tJ ` NOMMCBAN . E7�IFS JE /. 977 Certificate of Acknowledqment State of California ss. County of 191a177PG�� On this day of �T /7 /lc2rra , 2006, before me, // 77a�rz"o5' , the undersigned Notary Public, personally appeared LAWRENCE J PLISSKIN, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he/she acknowledged to me that he/she executed the same in his /her authorized capacities, and that by his/her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. jar . Wary Public Certificate of Acknowledgment State of California ) ) ss. Countyof r 0 ")da ) On this z1 day of 11,a ✓� , 200&, before me, Ir;. ! Lo P_ F&-"g -e the undersigned Notary Public, personally appeared JAMES E. LANGE, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he/she acknowledged to me that he/she executed the same in his/her authorized capacities, and that by his /her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. , .,.+?¢t LUCILLE P FLORES �p T Comm. # 1351409 ''^^ NOTARY PUBLIC CALIFORNIA U! 'L s Alameda County Notary Pu C My Comm.m.EEapiree April i5, 2006 State of California County of Certificate of Acknowledgment ss. On this day oft �1. 1 U j n. v � — , 200, before me, Lf.lr' (c) �S the undersigned Notary Public, personally appeared ELINOR J. LANGE, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he/she acknowledged to me that he/she executed the same in his/her authorized capacities, and that by his /her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Note Public l �� LOCI -LLE P FLOP,ES �. Comm. 0 1351409 NOC Pd al - CACIFOARIA Alameda County tay Comm. Expires Aprit 15, 4006 "� Certificate of Acknowledgment State of California 7 � County of ° i%a [.�ks ) ss. On this / 7`�iday of f .p �.� q� 2000, before me, 4 the undersigned Notary P/Oblic, pers9hally appeared STEVEN MARTIN GO4 MAN, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he/she acknowledged to me that he /she executed the same in his/her authorized capacities, and that by his /her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. 'No%Public ( / Certificate of Acknowledgment State of California 1 — ) ss. County On this } u. day of r, 200L -, before me, the undersigned Notao ublic, pe onally appeared JUDITH LERER GOLDMAN, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he /she acknowledged to me that he/she executed the same in his/her authorized capacities, and that by his /her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS y hand and official seal. �s n% � - w1a I Certificate of Acknowledgment State of California 3 ') / ss. County of % ' . ; `d" On this i VG day of 200L, before me, � re e (1 A ' L1 cd the undersigned Notary ublic, pe,' nally appeared STEVEN MARTIN GOLDMAN, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he/she acknowledged to me that he /she executed the same in his/her authorized capacities, and that by his/her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. my hand and q#+cial seal. / ✓ ] conw�YNOn a ��6N4f � n„aronblo- i? conftcwwcourr )IIC I MM�•�ODo9. CERTIFICATE OF ACCEPTANCE Government Code Section 27281 THIS IS TO CERTIFY that THE CITY OF DUBLIN hereby accepts for public purposes the real property described in the within instrument and consents to the recordation thereof. CITY OF DUBLIN By City Manager t- This document is for the benefit of the City of Dublin, a public body corporate and politic, of the State of California. Request for recordation without fee is made in accordance with Section 6103 of the Government Code of the State of California. 6 Attest: ' . City Clerk 6 -,,-,, ,,'\ 4D � rA& ,. CALIFORNIA SS COUNTY OF I-VI On this V"D day of i � « �, i1 re me, I the undersigned Notary Public, persona red _ CITY MANAGER OF THE CITY OF D personally known tom the person whose name is subscribed to the within ' ment and acknowledged to me that he exec same in his authorized ca ' , and that by his signature, the entity upon behalf of which he ac9d ted the i ent. WITNESS my hand and official seal. S1E:c 00 Notary Public, State of California CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California [['� (�_ __ _ , SS. County of Ll�t(L(nQ.d,Ct� On 6, before me, k h A^ Yt%� Cr v Date (n� � Name and Tide of Officer (�e.g._, "Jane q6e, Notary Pubic") personally appeared I�tC�0i1 K, - A'%YLmfit. Name(si of Signens) ersonally known to me tot.ba4ho-pefse" whose naml isfere subscribed to the within instrument and acknowledged to me that hetlshe /tkeq executed the same in Weiher /the+r authorized capacity(iol and that by hisnierHhreir signaturl on the instrument the person(4, or the entity upon behalf of which the person() acted, executed the instrument. WITNESS my hand an o icial seal. Place Notary Seal Above �" 1 Signatu a of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Docuryent Title or Type of Document: C.X Document Date: ate Number of Pages Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: RIGHT THUMBPRINT OF SIGNER 0 Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): C Partner — ❑ Limited ❑ General C Attorney in Fact C Trustee C Guardian or Conservator C Other Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER 0 D 2004 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313 -2402 Item No. 5907 Reorder: Call Toll -Free 1- 800 - 8]6882] RESOLUTION NO. 24 - 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RELATED TO THE DESIGNATION OF OFFICERS AUTHORIZED TO ACCEPT AND DIRECT RECORDATION OF DEEDS WHEREAS, the City Council is desirous of developing an efficient mechanism for the acceptance of deeds; and WHEREAS, Section 27281 of the California Government Code (CGC) requires that deeds or grants conveying any interest in or easement upon real estate to a governmental agency for public purposes must meet specific requirements; and WHEREAS, the requirements include evidence of a certificate or resolution of acceptance attached to the deed or grant prior to recordation; and WHEREAS, Section 27281 provides that a governmental agency may authorize one or more officers by general resolution to accept and consent to such deeds or grants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, pursuant to Section 27281 (CGC), does hereby authorize the City Manager and /or the City Engineer to .accent and consent to such deeds or grants, conveying any interest in or easement upon real estate, on behalf of the City of Dublin. 1987. PASSED, APPROVED AND ADOPTED this 13th day of April, AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None P_TTE G� City ClerR�-J FEE ACQUISITION APN No 941 - 0205 -036 Exhibit "A" All that real property situate in the City of Dublin, County of Alameda, State of California, being a portion of Parcel One described in that certain document recorded on July 16, 2001 in Document No. 2001250985, Alameda County Records, Also being a portion of PARCEL B as shown on that certain map entitled "PARCEL MAP 2695 ", filed for record on December 22, 1978 in Book 107 of Parcel Maps at Page 51, Alameda County Records, more particularly described as follows: BEGINNING at the northeast corner of said PARCEL B, Thence along the general easterly line of said parcel, South 01 °13'02" West, 52.99 feet to the northerly line of PARCEL A as shown on said map; Thence leaving said general easterly line, and along last said line, North 88 °46'58" West, 47 47 feet to the westerly line of said PARCEL A, Thence leaving said northerly line, and along last said line, South 01°13'02" West, 13.60 feet; Thence leaving said westerly line of Parcel A and across said PARCEL B the following seven (7) courses: 1) South 55'48'18" West, 143.22 feet to the beginning of a curve to the right having a radius of 846.00 feet; 2) Thence along said curve, through a central angle of 7 °17'34 ", for an are length of 107.68 feet to a compound curve to the right having a radius of 72.00 feet; 3) Thence along said curve, through a central angle of 23 °28'43 ", for an arc length of 29.50 feet; 4) Thence South 86 °34'35" West, 32.70 feet to the beginning of a curve to the left having a radius of 100.00 feet; 5) Thence along said curve, through a central angle of 17 °21'29 ", for an arc length of 30.30 feet to a reverse curve to the right having a radius of 824.00 feet; Exhibit "A" Page 1 of 2 6) Thence along said curve, through a central angle of 1 °30'23 ", for an arc length of 21.66 feet to a reverse curve to the left having a radius of 39.20 feet; 7) Thence along said curve, through a central angle of 32 °53'23 ", for an arc length of 22.50 feet to the northwesterly line of said PARCEL B, the beginning of a non tangent curve to the right, having a radius of 50.00 feet, from which point a radial line bears South 55 °34'34" East; Thence along said northwesterly line, along said curve, through a central angle of 35'39'27", for an arc length of 31 12 feet to the beginning of a curve to the left, having a radius of 850.00 feet; Thence continuing along said northwesterly line, the following two (2) courses: 1) Along said curve, through a central angle of 14 048'02 ", for an arc length of 219.57 feet; 2) North 55° 16'51" East, 206.90 feet to the POINT OF BEGINNING of this description. Containing an area of 9,594 square feet, 0.22 acres more or less. A plat showing the above - described parcels is attached herein and made a part hereof as Exhibit .,B„ This description was prepared by me or under my direction in conformance with the Professional Land Surveyors Act. L. kU�G No.5756 6!3012006 Randall L. Heiken, LS 5756 FOF CA��Fc'Q License Expires 6/30/2006 KWRin=112001 W02- 101LEGAL\GPEEN BEAAAc Exhibit "A" Page 2 of 2 Dated: O ( — Otj-- [Xo FEE ACQUISITION / BASIS OF BEARINGS THE BEARING N 32'48'00" WEST, THE MONUMENT LINE ON DOUGHERTY ROAD, BETWEEN FOUND MONUMENTS AS SHOWN ON THE MAP ENTITLED "PARCEL MAP 1043" FILED FOR RECORD ON Pd 1 SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80 OF PARCEL MAPS AT PAGE 29, IS USED AS THE BASIS OF BEARINGS FOR THIS PLAT DOC. NO. 2002598974 APN: 941-0205-009-08 stiF�� Ile JP / QJ�'�O �� 3N��P OB- / N 88'46'58° W LINE BEARING LEGEND APN — ASSESSOR PARCEL NUMBER OR — OFFICIAL RECORDS P.O.B. — POINT OF BEGINNING LIABILITY COMPANY — SQUARE FEET �t. PARCEL J3 N 88'46'58° W 3 o m PARCEL 1 i7 N DOC. NO. 94268159 0 `° APN: 941 -0550- 009 -11 0 FEE ACQUISITION -9,594 sq. ft. t 0.22 acres t PARCEL A J07 M 51 DOC# 2000076438 APN: 941- 0205 -37 PARCEL TWO EASEMENT FOR COMMON AREA OVER PARCEL A — 107 M 51 DOC. NO. 2001250985 LINE TABLE LINE BEARING LENGTH LANDS OF GREEN BEAR S 01'13'02" W 13.60' A CALIFORNIA LIMITED IS 86'34'35' W 32.70' LIABILITY COMPANY PARCEL J3 107 M 51 PARCEL ONE DOC. NO. 2001250985 7k APN: 941 - 0205 -36 a� (`t 3 o m PARCEL 1 i7 N DOC. NO. 94268159 0 `° APN: 941 -0550- 009 -11 0 FEE ACQUISITION -9,594 sq. ft. t 0.22 acres t PARCEL A J07 M 51 DOC# 2000076438 APN: 941- 0205 -37 PARCEL TWO EASEMENT FOR COMMON AREA OVER PARCEL A — 107 M 51 DOC. NO. 2001250985 LINE TABLE LINE BEARING LENGTH L1 S 01'13'02" W 13.60' L2 IS 86'34'35' W 32.70' 4780 CHABOT DRIVE Subject EXHIBIT "B" ' SUITE 104 DUBLIN BLVD.— DOUGHERTY RD. WIDENING n� "• PLEASANTON, CA 94588 Job No. 20016002 ilh 1� 925 - 396 -7700 By RL Date 6/25/04 Chkd.CK E I it•u m 925 -395 -7799 (FAX) SHEET 1 OF 2 7 � / DOC# 02- 598974 Pd APN:941- 0205 - 009 -08 y / / o y0 V / �3s C5 c3 C2/ \'F / rR) C4 �� 5nj l p� •`p 12.00' F,P FEE ACQUISITION L2 Cl 9 594 sq. ft. t 9.22 acres t LANDS OF GREEN BEAR A CALIFORNIA LIMITED LIABILITY COMPANY PARCEL B 107 M 51 PARCEL ONE DOC. NO. 200150985 APN: 941 - 0205 -36 fk FP 1771 E T FO N �N RefL 33 DPAE 9 DUel-lN C 66' IVo f0URT O 4780 CHABOT DRIVE Sub1'ect EXHIBIT "B" N5 SURE 104 DUBLIN BLVD. - DOUGHERTY RD. WIDENING va i a >:1eI�,. PLEASANTON, CA 94588 Job No, 20016002 1113I 925- 396 -7700 E��I rd►t 925- 396 -7799 (FAX) By RL Date 6/24/04 Chkd.CK SHEET 2 OF 2 LINE TABLE LINE BEARING LENGTH L1 S 0113'02" W 13.60' L2 IS 86'34'35" W 1 32.70' CURVE TABLE CURVE RADIUS DELTA LENGTH Cl 72.00 23'28'43" 29.50' C2 100.00 17'21'29" 30.30' C3 824.00 1'30'23" 21.66' C4 39.20 32'53'23" 22.50' C5 50.00 3539'27" 31.12' 4780 CHABOT DRIVE Sub1'ect EXHIBIT "B" N5 SURE 104 DUBLIN BLVD. - DOUGHERTY RD. WIDENING va i a >:1eI�,. PLEASANTON, CA 94588 Job No, 20016002 1113I 925- 396 -7700 E��I rd►t 925- 396 -7799 (FAX) By RL Date 6/24/04 Chkd.CK SHEET 2 OF 2 RECORDING REQUESTED BY, The City of Dublin AND WHEN RECORDED MAIL TO' City of Dublin 100 Civic Center Dublin, California 94568 Attn: Steve4ee 61� ak6 --k- APN: 941- 0205 -036 NO DOCUMENTARY TRANSFER TAX DUE THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF THE CITY OF DUBLIN, AMU NICIPAL CORPORATION AND IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103 GRANT OF TEMPORARY CONSTRUCTION EASEMENT Green Bear, a California Limited Partnership, Susan J. Plisskin, Lawrence J. Plisskin, James E. Lange and Elinor J Lange, Trustees of the Lange Family Trust dated January 16, 1996, Steven Martin Goldman and Judith Lerer Goldman, Trustees of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994, and Steven M. Goldman, Trustee as to the undivided '' /< interest formerly vested In Michael Hilde, et ux ( hereinafter collectively "Grantors ") hereby grant to the City of Dublin, a Municipal Corporation ( "City "), a temporary construction easement ( "TCE ") on, over and across certain real property owned by the Grantors, more commonly known as APN 941 -0205 -036, and more particularly described in Exhibits "A" and "B," attached hereto ( "Easement Area "), for the purpose of constructing the City's Capital Improvement Program (CIP) Project No. 96852, Dougherty Road Improvements — Houston Place to 1 -580, with Scarlett Court Access to Dublin Boulevard Limited to Right Turn Out Only, and Right Turn from Dublin Boulevard to Scarlett Court Eliminated ( "Project "). Under this TCE, City's use of the Easement Area shall be exclusive. As a result, City, from time to time, may exclude persons or other uses of all or a portion of the Easement Area if, in City's sole discretion, the presence of said persons or other uses would be hazardous or would hinder City's activities related to the Project. -I - This temporary easement shall commence on August 1, 2006, and shall expire not later than sixteen (16) months thereafter or on the completion of construction, whichever shall first occur GRANTORS acknowledge that they have received compensation from City for the TCE. At the completion of the Project, City agrees to restore the Easement Area to its original condition as reasonably possible. CITY shall indemnify and hold Grantors harmless from any liability for injuries or damage resulting .from the acts of City's agent, employees or contractors on the Easement Area pursuant to this TCE. IN WITNESS WHEREOF the parties hereto have executed this Grant of Temporary Construction Easement as of the date set forth next as follows: GRANTORS. GREEN BEAR, a California Limited Liability Partnership .q By•_% 1 Name: 44 Title: (r�s S d.J 1 ti SUSAN J PLISSKIN LAWRENCE J PLISSKIN -z- This temporary easement shall commence on August 1, 2006, and shall expire not later than sixteen (16) months thereafter or on the completion of construction, whichever shall first occur GRANTORS acknowledge that they have received compensation from City for the TCE. At the completion of the Project, City agrees to restore the Easement Area to its original condition as reasonably possible. CITY shall indemnify and hold Grantors harmless from any liability for injuries or damage resulting .from the acts of City's agent, employees or contractors on the Easement Area pursuant to this TCE. IN WITNESS WHEREOF the parties hereto have executed this Grant of Temporary Construction Easement as of the date set forth next as follows: GRANTORS. GREEN BEAR, a California Limited Liability Partnership By Name: Title: SUSAN J PLISSKIN ` LAWRENCE J. PLISSKIN -2- This temporary easement shall commence on August 1, 2006, and shall expire not later than sixteen (16) months thereafter or on the completion of construction, whichever shall first occur GRANTORS acknowledge that they have received compensation from City for the TCE. At the completion of the Project, City agrees to restore the Easement Area to its original condition as reasonably possible. CITY shall indemnify and hold Grantors harmless from any liability for injuries or damage resulting from the acts of City's agent, employees or contractors on the Easement Area pursuant to this TCE. IN WITNESS WHEREOF the parties hereto have executed this Grant of Temporary Construction Easement as of the date set forth next as follows: GRANTORS. GREEN BEAR, a California Limited Liability Partnership Title. SUSAN J PLISSKIN �r LAWRENCE J. PLISSKIN -z- JAMES E. LANGE, Trustee of the Lange Family Trust dated January 16, 1996, ELINOR J LANGPff'uste6oftha�anp Family Trust dated January 16, 1996 STEVEN MARTIN GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994 JUDITH LERER GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994, STEVEN MARTIN GOLDMAN, Trustee as to the undivided'' /<interest formerly vested In Michael Hilde, et ux -3- GRANTORS: JAMES E. LANGE, Trustee of the Lange Family Trust dated January 16, 1996; ELINOR J LANGE, Trustee of the Lange Family Trust dated January 16, 1996 STEVEN MARTIN GOLDMAN, Tr�}9 e of man the Steven Martin Gold and J ith Lerer Goldman Revocable Trust dated May 19, 1994 a i ITH LERER GOLDMAN, Trustee of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994, STEVEN MARTIN GOLI the undivided '' /< interest Hilde, et ux lustee as to vested In Michael -3- Certificate of Acknowledgment State of California ss. • • r . //. On this 4Z! . day of s.� r1 , 2006, before me, the undersigned Notary Public, personally appeared 16Al&4 .r ,/ dz 66t personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he /she acknowledged to me that he /she executed the same in his /her authorized capacities, and that by his /her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Na ry Public Certificate of Acknowledgment State of ss. County of 6,ys5 ) On this `1 i day of EJRwKMq!j 2001, before me,�-��wilO L-I- yr iN` the undersigned Notary Public, pe'`rsonally appeared SUSAN J PLISSKIN, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he /she acknowledged to me that he /she executed the same in his /her authorized capacities, and that by his/her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. Wff,NE S my hand and offi ' I seal. OFFICIAL SEAL Notary Public 4� ,e O kera LAWRENCE F FINNERAN NOTARY PUBLIC • OREGON COMMISSION NO. 367973 MY COMMISSIDN EXPIRES JOKE 4. 4007 State of California County of�ayr� . Certificate of Acknowledgment ss. ) On this /?'"day of LZ—Z,7 te&-a 2006, before me, -�-Teu /! 7A%117)els the undersigned Notary Public, personally appeared LAWRENCE J PLISSKIN, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he/she acknowledged to me that he /she executed the same in his/her authorized capacities, and that by his/her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. NNetary Public Certificate of Acknowledgment State of California ss. County of On this � day of :; 200_& before me, L_Lu"A' /L"'—' 1 the undersigned Notary Public, pers&ally appeared JAMES E. LANGE, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he/she acknowledged to me that he /she executed the same in his /her authorized capacities, and that by his/her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Y LUCILLE P. FLORES Comm. 0 1351409 ryry�� ` NOTARY PUBLIC -CALIFORNIA W / Aiamede Core— f T My Comm. Expires April t5,2006 Wlaqldublic Y LUCILLE P. FLORES Comm. 0 1351409 ryry�� ` NOTARY PUBLIC -CALIFORNIA W / Aiamede Core— f T My Comm. Expires April t5,2006 State of California County of ' Certificate of Acknowledgment ss. ) On this � day of 200q before me, Lea tic, S , the undersigned Notary Public, per Wally appeared ELINOR J LANGE, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he /she acknowledged to me that he /she executed the same in his/her authorized capacities, and that by his /her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. teary Public LUCK I LE P. fLORES rary+ COMM. , 1351409 r^ V� N01ARY PUBLIC -CALIFORNIA Y, Alameda County MY Comm. Expires April l5, 2006 'a L� Certificate of Acknowledgment State of California E ) ss. County o On this day of � 200&; before me, je!�r; s + ;p - r7< 1-ewe( the undersigned Notary Public, p , onally appeared STEVEN MARTIN GOLDMAN, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he/she acknowledged to me that he/she executed the same in his/her authorized capacities, and that by his/her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. t ! Public ;'/sr Certificate of Acknowledgment State of California / ss. County of y k z x- ) On this day of 200) before me, rt+ , fl4f the undersigned Notary ublic, personally appeared JUDITH LERER GOLDMAN, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he /she acknowledged to me that he /she executed the same in his/her authorized capacities, and that by his /her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and offic4seal. ! r. A C1 r Conrniabn R t1Efi�7 Gr3 GxIGt C00000NocW* Notary ublic MVC0 .b*dWp,ay, Certificate of Acknowledgment State of California ) / j ) ss. County oft.' M414 L�'i& } On this day of�: 2001ta, before me, >� b�,v7ta" the undersigned Notary/ Public appeared STEVEN MARTIN GCLDMAN, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument; and he /she acknowledged to me that he /she executed the same in his/her authorized capacities, and that by his /her signatures on the instrument the person, or entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official -seal. CERTIFICATE OF ACCEPTANCE Government Code Section 27281 THIS IS TO CERTIFY that THE CITY OF DUBLIN hereby accepts for public purposes the real property described in the within instrument and consents to the recordation thereof. CITY OF DUBLIN C, City Manager This document is for the benefit of the City of Dublin, a public body corporate and politic, of the State of California. Request for recordation without fee is made in accordance with Section 6103 of the Government Code of the State of California. Attest: City Clerk ftuyy 4,yr,0,V%r STATE OF CALIFORNIA SS COUNTY On this day of 00_, before m the undersigned Notary Public, personally appeare CITY MANAGER OF THE CITY OF DUBLIN, nally known to be the person whose name is subscribed to the within instru nd acknowledged to me that he ted the same in his authorized capacity, a by his signature, the entity upon behalf of which d executed the instrument WITNESS my hand and official seal. Notary Public, State of California CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California County of 1i OL) On l5 . ?,006, Date I personally appeared M I as. ersonally known to me In f ..hose name(a) islare subscribed to the within instrument and acknowledged to me that he /e#+e4hey executed the same in hi 'r+°�r authorized capacity(ies), and that by hisl4ffftmir signature(o on the instrument the person(ej, or the entity upon behalf of which the persorr(61 acted, executed the instrument. WITS my a d d official seal. Place Notary Seal Above ' Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attache Title or Type of Document: Document Date: e Signers) Other Than NamedAbovellpil t Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual J Corporate Officer — Title(s): _ 7 Partner — ❑ Limited C General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: RIGHT THUMBPRINT OFSIGNER in Number of Pages: Signer's Name: ❑ Individual J Corporate Officer — Title(s): _ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other Signer Is Representing: RIGHT THUMBPRINT OF SIGNER n �> w�;.��w",;- "z.�,w`" Fes, ''�- x,��u✓' „ -�. o�c.. �x�..,r,:- .�� -v�-4� :�=c w � �.� =c..r, 0 2004 National Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll -Free 1 -B00 -876 -682] 4 «., RESOLUTION NO. 24 - 87 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN RELATED TO THE DESIGNATION OF OFFICERS AUTHORIZED TO ACCEPT AND DIRECT RECORDATION OF DEEDS WHEREAS, the City Council is desirous of developing an efficient mechanism for the acceptance of deeds; and WHEREAS, Section 27281 of the California Government Code (CGC) requires that deeds or grants conveying any interest in or easement upon real estate to a governmental agency for public purposes must meet specific requirements; and WHEREAS, the requirements include evidence of a certificate or resolution of acceptance attached to the deed or grant prior to recordation; and WHEREAS, Section 27281 provides that a aovernmental agency may authorize one or more officers by general resolution to accept and consent to such deeds or grants. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin, pursuant to Section 27281 (CGC), does hereby authorize the City Manager and /or the City Engineer to .accept and consent to such deeds or grants, conveying any interest in or easement upon real estate, on behalf of the City of Dublin. PASSED, APPROVED AND ADOPTED this 13th day of April, 1987. AYES: Councilmembers Hegarty, Moffatt, Snyder, Vonheeder and Mayor Jeffery NOES: None ABSENT: None May ri ATTE c 'T - K lJ c� --z=- City Cler_-k�) TEMPORARY CONSTRUCTION EASEMENT APN No. 941- 0205 -036 Exhibit "A" All that real property situate in the City of Dublin, County of Alameda, State of California, being a portion of Parcel One described in that certain document recorded on July 16, 2001 in Document No 2001250985, Alameda County Records, ALSO being a portion of PARCEL B as shown on that certain map entitled "PARCEL MAP 2695', filed for record on December 22, 1978 in Book 107 of Parcel Maps at Page 51, Alameda County Records, more particularly described as follows: BEGINNING at the northwest corner of PARCEL A, as shown on said map; Thence along the westerly line of said PARCEL A, South 01'13'02" West 13.60 feet to the TRUE POINT OF BEGINNING, Thence continuing along last said line, South 01 °13'02" West 6 13 feet; Thence leaving said westerly line, South 55'48'18" West 14.89 feet;. Thence South 34 °11'42" East 3.00 feet; Thence South 55'48'18" West 56.00 feet; Thence North 34 °11'42" West 3.00 feet; Thence South 55048'18" West 68.77 feet to the beginning of a curve to the right having a radius of 851.00 feet; Thence along said curve, through a central angle of 7 017'34 ", for an arc length of 108.32 feet to a point of compound curvature, having a radius of 77 00 feet; Thence along said compound curve, through a central angle of 23 °28'43 ", for an arc length of 31.55 feet; Thence South 86 °34'35" West 32.70 feet to the beginning of a curve to the left having a radius of 95.00 feet; Thence along said curve, through a central angle of 17 °21'29 ", for an arc length of 28 78 feet to a point of compound curvature having a radius of 829 00 feet; Thence along said compound curve, through a central angle of 1 °30'23 ", for an arc length of 21.80 feet to a point of compound curvature, having a radius of 34.20 feet: Exhibit "A" Page 1 of 2 Thence along last said compound curve, through a central angle of 32 °53'23 ", for an arc length of 19 63 feet; Thence North 52 °09'54" West 5 00 feet to the beginning of a non - tangent curve to the right, having a radius of 39.20 feet, to which point a radial line bears South 52 °09'54" East; Thence along said curve, through a central angle of 32 °53'23 ", for an arc length of 22.50 feet to a point of compound curvature, having a radius of 824.00 feet; Thence along said curve, through a central angle of 1 °30'23 ", for an arc length of 21.66 feet to a point of compound curvature, having a radius of 100.00 feet; Thence along last said compound curve, through a central angle of 17 °21'29 ", for an arc length of 30.30 feet; Thence North 86 °34'35" East 32.70 feet to the beginning of a curve to the left, having a radius of 72.00 feet; Thence along said curve, through a central angle of 23 °28'43 ", for an arc length of 29.50 feet to a point of compound curvature, having a radius of 846.00 feet; Thence along said compound curve, through a central angle of 7 °17'34 ", for an arc length of 107.68 feet; Thence North 55 °48' 18" East 143.22 feet to the TRUE POINT OF BEGINNING. Containing an area of 2,093 square feet, 0.05 acres more or less. The Temporary Construction Easement, described above, to terminate upon completion of construction, for the purposes and incidents thereto over, under, upon and across the above described parcel. A plat showing the above - described parcels is attached herein and made a part hereof as Exhibit "B„ This description was prepared by me or under my direction in conformance with the Professional Land Surveyors Act. v( BILLY MAM E&'• &V/2o06 F ®f cae_ Billy LS 5797 License Expires 6/30/2006 K]MaWn 1 @2W%002 -1 D1EGPUGREEN 8r _TCE B bm dm Exhibit "A" Page 2 of 2 Dated. -T•o Ica v omlmw (a to -u �� N N r CJ I I m o00 w (A O) M80= I IO� m J V ? O0 m 00 D 0 u m 00 m W 0 p� C I ZZ, m x o m rn 0 a M o C:) -+m "od o rri A o v 1 I � 0 fCL z al n N a T TEMPORARY CONSTRUCTION EASEMENT ' BASIS OF BEARINGS / THE BEARING N 32'48'00" WEST, THE MONUMENT LEGEND / LINE ON DOUGHERTY ROAD, BETWEEN FOUND APN - ASSESSOR PARCEL NUMBER/ / / MONUMENTS AS SHOWN ON THE MAP ENTITLED OR - OFFICIAL RECORDS / / "PARCEL MAP 1043" FILED FOR RECORD ON P.O.B. - POINT OF BEGINNING / SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80 sq. ft. - SQUARE FEET OF PARCEL MAPS AT PAGE 29, IS USED AS THE T.P.O.B. - TRUE POINT / BASIS OF BEARINGS FOR THIS PLAT, OF BEGINNIN j / / / / DOC# 02- 598974 / / ' ` J APN: 941-0205-009-08 p lz off` �� °y�o /' / % /�� 0`PrpNoIO C// QJ / //N G TEMPORARY �/ CONSTRUCTION EASEMENT / C9" X 2.093 sq. ft. t 0.05 acres f C2 _ LINE TABLE LINE BEARING _ LENGTH Lt S 01'13'02" W 13.60' L2 S 01'13'02" W 6.13' L3 S 55'48'18" W 14.89' L4 S 34'11'42" E 3.00' L5 N 34'11'42" W 3.00' L6 S 86'34'35" W 32.70' L7 N 52'09'54" W 5.00' LS N 86'34'35" E 32.70' rC� L6 PARCEL 8 / CURVE TABLE w M 51 / LANDS OF GREEN BEAR / A CALIFORNIA LIMITED LIABILITY COMPANY PARCEL ONE DOC. NO. 2001250985 APN: 941- 0205 -035 REFERENCES 1�- 107M51 / / uwo a PARCEL A A J07M51 0 0 � 0 0 0 o I V. oz C3 (L w N a znm 000, O :2 - 0 O I N U Q o U O W N w U ¢a z a o z w 0- W�o y o a 0 w CURVE RADIUS DELTA LENGTH Cl 851.00 7'17'34" 108.32' C2 77.00 23'28'43" 31.55' C3 95.00 17'21'29" 28.78' C4 829.00 130'23" 21.80' C5 34.20 32'53'23" 19.63' C6 39.20 32'53'23" 22.50' C7 824.00 1'30'23" 21.66' C8 100.00 .17'21'29" 30.30' C9 72.00 23'28'43" 29.50' C10 846.00 7'17'34" 107.68' 0 � 0 0 0 o I V. oz C3 (L w N a znm 000, O :2 - 0 O I N U Q o U O W N w U ¢a z a o z w 0- W�o y o a 0 w