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HomeMy WebLinkAboutReso 73-06 Standard Pacific Pre-Annexation RESOLUTION NO. 73- 06 A RESOLUTION OF THE CITY COUNCu.. OF THE CITY OF DUBLIN * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * APPROVING THE PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBLIN AND STANDARD PACIFIC HOMES ANNEXATION NO. 16 PA 04-016 WHEREAS, an agreement between the City of Dublin and Standard Pacific Homes has been negotiated entitled "Pre-Annexation Agreement between City of Dublin and the Standard Pacific Homes for the Fallon Crossing Property" ("Pre-Annexation Agreement"), a copy of which is attached as Exhibit A,and WHEREAS, the Project site is in Eastern Dublin for which the City adopted the 1993 Eastern Dublin General Plan Amendment and Specific Plan to provide a comprehensive planning framework for future development in the area. In connection with this approval, the City certified a program EIR pursuant to CEQA Guidelines section 15168 (SCH No. 91103064, Resolution 51-93, hereafter "Eastern Dublin EIR") that is available for review in the City Community Development Department and is incorporated herein by reference. The Eastern Dublin EIR was integral to the planning process and examined the direct and indirect effects, cumulative impacts, broad policy alternatives, and areawide mitigation measures for developing Eastern Dublin. The Eastern Dublin EIR identified significant unavoidable impacts from development of Eastern Dublin, some of which would apply to the Project. Pursuant to the Communities for a Better Environment case, any Council approval of the project must be supported by a new Statement of Overriding Considerations with respect to these previously identified impacts; and WHEREAS, the Eastern Dublin EIR identified potentially significant environmental impacts and related mitigation measures, which the City adopted together with mitigation findings and a Mitigation Monitoring Program (Resolution 53-93). The mitigation measures and monitoring program continue to apply to development in Eastern Dublin; and WHEREAS, pursuant to CEQA and the CEQA Guidelines, the City prepared a Mitigated Negative Declaration to address the site-specific impacts of the Project; and WHEREAS, a staff report, dated May 16, 2006 and incorporated herein by reference, described and analyzed the Mitigated Negative Declaration and the annexation and prezoning project for the Planning Commission; and WHEREAS, the Planning Commission reviewed the staff report and the Mitigated Negative Declaration and considered the annexation and prezoning project including the Stage 1 Development Plan at a noticed public hearing on April 25, 2006, at which time all interested parties had the opportunity to be heard, and Page 1 of2 Rcso No. 73-06. Adopted 5116/06. Item 6.1 WHEREAS, the proposed development identified in the Pre-Annexation Agreement is consistent WIth the type, location and density ofland uses approved by the 1993 Eastern Dublin GPAlSP Project and subsequent amendments; and WHEREAS, all mitigation measures adopted for the GP A1SP A Project continue to apply to implementing projects such as the current annexation and prezoning Project; all applicable City development ordinances and standards apply to the Project except as otherwise approved through the Project prezoning and related Stage 1 Development Plan; and WHEREAS, a Staff report, dated May 16, 2006, and incorporated herein by reference, described and analyzed the Project for the City Council; and WHEREAS, the applicant, Standard Pacific Homes, has executed said Pre-Annexation Agreement. NOW, THEREFORE, THE CITY COUNCIL OF THE CTTY OF DUBLIN DOES HEREBY RESOLVE AS FOLLOWS: Said Pre-Annexation Agreement (attached hereto) is hereby approved and the Mayor of Dublin is hereby authorized to execute it. PASSED, APPROVED, AND ADOPTED this 16th day of May 2006, by the following vote' AYES: Councilmembers Hildenbrand, McConnick, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTESTA()I\.h^~ City Clerk Ch1:t.7;/0k-&dd-1/ (j Mayor Page 2 of2 Reso No. 73..{)6, Adopted 5116106, Item 6 I RECORDING REQUESTED BY CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin, CA 94568 Fee Waived per GC 27383 Space above this line for Recorder's use PRE-ANNEXATION AGREEMENT BETWEEN CITY OF DUBLIN, STANDARD PACIFIC CORPORATION THIS AGREEMENT is entered into this I b1ay of MfV1, 2006 ("Effective Date") by and between the City of Dublin, a municipal corporatiOi1(1ilie City") and Sfandard Pacific Corporation., a Delaware corporation ("Developer") City and Developer are referred to collectively as the "Parties." Recitals 1 In 1993, the City Council of the City adopted the Eastern Dublin General Plan Amendment and Easfern Dublin Specific Plan ("the Specific Plan"). 2. The General Plan and the Specific Plan include goals and policies to prevent development within the Eastern Extended Planning Area and the Specific Plan Area (hereinafter collectively "Eastern Dublin") from drawing upon and diluting the fiscal base of the remainder of the City 3 The fiscal analysis included in the Specific Plan anticipates the last new fire station in Eastern Dublin will become operational in the year 2010 4 A condition was imposed on the developer of Dublin Ranch Area A in Resolution 00-36 of the Dublin Planning Commission to construct or fund construction of a new fire station in Eastern Dublin, but in no event earlier than July 1, 2003, In addition, Condition 109 of said Resolution obligates the Dublin Ranch Area A developer to fund any deficit between costs associated with services to properties in Eastern Dublin and revenues from such area, less amounts which other owners seeking development entitlements should pay for such deficit. Development of the Annexation Area will benefit from construction of the new fire station. Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. 6U30"3.4 Page 1 of 8 DRAFT: March 29, 2006 5 Developer Is the owner of certain property within the Specific Plan Area described more particularly In Exhibit A ("the Fallon Crossing Property"), which is incorporated herein by reference. Developer intends to develop a residential project on the Fallon Crossing Property, 6 On February 17, 2004, the Developer filed an application with the City to prezone and annex to the City the Fallon Crossing Property and certain other land within the Specific Plan Area owned by Thomas A. and Helene L. Fredrich (''the Fredrich Property") (collectively, "the Annexation Area"), all of which is shown on the map attached hereto as Exhibit B and incorporated herein by reference. The Developer did not submit any development plans with the application for the Fredrich Property 7 The City currently anticipates that the cost of providing public services to the Eastern Dublin at a level consistent with services provided within the City will not exceed revenues generated to the City from property within Eastern Dublin. However, it is possible that, due to the expenses related to the operation of Fire Station 18, which serves the Eastern Dublin and which opened in July 2003, the costs of providing services to the Eastern Dublin may exceed revenues generated in the area. 8. Nonetheless, even if such a deficit does occur, as development fakes place within the Eastern Dublin as anticipafed, it is expected to generate revenues to the City that will reduce and, in the near future, eliminate the above-described deficit. Consistent with the goals and policies of the General Plan and Specific Plan, Developer will pay to City the Developer's proportionate share of any such deficits, as provided herein. Developer's proportionate share shall be 2.33% (two and thirty-three one- hundredths percent), which is the percentage that the Annexation Area (76.64 acres) bears to the lands within the Specific Plan area that had not been annexed to the City as of July 25, 2000, the date of Resolution 00-36 (1,929.84 acres) plus the Dublin Ranch Project (1,363.29 acres). 9. Certain improvements to the 1-580lTassajara Road Interchange ('Tassajara Interchange Improvements") and the I-S80/Fallon Road & EI Charro Road Interchange ("Fallon Interchange Improvements") (collectively the "Interchange Improvernents") must be constructed in order fo facilitate development on the Annexation Area. City has previously entered into agreements for funding the construction of the Interchange Improvements with developers of property within the City Pursuant to these agreements, four developers (Alameda County Surplus Property Authority, Jennifer Un, Greenbriar Homes and Mission Peak) have agreed to advance at least $11,863,969 to City for the Tassajara Interchange Improvements, and the Un Family has agreed to advance monies to the City needed for the Fallon Interchange Improvements. All of the agreemenfs require the City to seek reimbursement from non-contributing developers prior to the issuance of building permits to the non-contributing developer Development of the Annexation Area will benefit from consfruction of the Interchange Improvements. Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. 803093.4 Page 2 of 8 DRAFT: March 29, 2006 AGREEMENT NOW THEREFORE, in consideration of the rnutual promises and conditions contained herein, the Parties agree as follows: Section I. General Fund Shortfalls A. The Developer's Payment Obligations; Definitions. Developer shall pay the City 2,33% of the deficit, if any, between Public Service Costs and General Revenues. "Public Service Costs" shall mean the general fund cost of providing public services to the Eastern Dublin Area at a level consistent with public services provided within the incorporated area of the City prior to the annexation. "General Revenues" shall mean those revenues deposifed to the City's general fund from property and inhabitants within the Eastern Dublin Area. "Eastern Dublin Area" shall include all lands within the Eastern Dublin General Plan Amendment area (see map attached as Exhibit C) that are within the City limits of Dublin. 8, Duration of Payment Obligations. The Developer's payment obligation under this Section I shall begin when a deficit exists and shall terminate when there is no longer a deficit but in no event shall the obligation extend beyond June 30, 2010 ("Deficit Period") The Developer's payment obligation may be terrninated only by detachment of the Fallon Crossing Property from the City or by separate agreement approved by the City Should development on the Fallon Crossing Property fail to occur by June 30, 2010, and the Fallon Crossing Property therefore fails to generate sufficient revenues to the City to provide City services to the property, Developer agrees not to protest the detachment of the Fallon Crossing Property from the City C. Annual Fiscal Analyses. The City shall prepare a fiscal analysis each year during fhe Deficit Period to estimate fhe amount by which the Public Service Costs will exceed General Revenues. The fiscal analysis will be prepared on a fiscal year basis (July 1 to June 30) and will calculate the deficit for the preceding fiscal year D. Payments to the City. No later than October 1 of each year during the Deficit Period, Developer shall pay to City 2.33% of the deficit between Public Services Costs and General Revenues for the preceding fiscal year, based on the fiscal analysis, plus 2.33% of the cost of the fiscal analysis described in Section I.C E. Security for Payment. At such time as requested by the City Manager, Developer will provide the City with security in an amount and form satisfactory to the City Manager, to become effective once the Annexation Area becomes part of the City, to secure the payments to the City described in Section I.D above. The security may consist of a letter of credit or similar instrument. Developer agrees that the City shall be under no obligation to continue processing any land use entitlement applications for Developer if security has not been provided when requested by the City Manager Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. 803093.4 Page 3 of 8 DRAFT March 29. 2006 F. Reimbursement from Other Property Owners. The City shall consider fair and appropriate ways of reimbursing the Developer some of the amounts Developer may be required to pay under this Section I from the owner of the Fredrich Property, this being the only other property included in the Annexation Area that is not controlled by Developer, To the extent pennitted by law, the City shall require owners of the Fredrich property who seek City approval of development entitlements for such property to pay a fair and proportionate share of the amounfs that Developer is required to pay pursuant to this Section I. Section II. Pavment to City for Tassalara Interchanae ImDrovements A. Advance of Monies by Developer. Developer agrees not oppose the City's imposition of conditions on future land-use approvals that would require Developer to advance, prior to approval of the first final subdivision map to create individual lots in the Fallon Crossing Property, the sum of thirty-eight thousand four hundred and fifteen ($38,415) for the Tassajara Interchange Improvements. The advance is required by agreements with other Eastern Dublin developers that have advanced monies for the construction of both the Tassajara Interchange Improvements and the Fallon Interchange Improvements. B. Use of Monies by City. City will use the monies paid by Developer pursuant to Section II of this Agreement, together with any interest eamed thereon, for construction of the Tassajara Interchange Improvements. As used herein, "construction" shall include preliminary engineering, preparation of project study report, project report, plan specifications and estimates, engineering, environmental documentation and review, right-of-way acquisition (if necessary), permits, processing, utility relocation, construction, construction inspection, project managernent, and inspection. City shall be under no obligation to use the monies paid by Developer until such time that City has adequate monies to construct the Interchange Improvements, C. Credit Against TIF. City will provide a credit to Developer in the amount of Developer's payment of monies under this Section II, to be used by Developer against payment of the Eastern Dublin Traffic Impact Fee ("TIF"), The use of credits (including limitations on the use of credits) and manner of conversion of the credit to a right of reimbursement will be as detennined in the development agreement between Developer and fhe City, or, if nof, as set forth in the City's TIF Guidelines (Resol. 23-99), subject to the following provisions: (a) the credit shall be granted at the fime Developer makes payments of money pursuant to this agreement; and (b) the Tassajara Interchange Improvements credit may be used only against the Category 1 TIF Fees. Section III. Payment to Citv for Fallon Interchanae Imorovements A. Advance of Monies by Developer. Developer agrees not oppose the City's imposition of conditions on future land-use approvals that would require Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes. Inc. B030a3.4 Page 4 of 8 DRAFT. March 29. 2006 Developer to advance, prior to approval of the first final subdivision map fo create individual lots in the Fallon Crossing Property, to the City 0 4203% of the rnonies advanced by the Un Family pursuant that certain Agreemenf between the City of Dublin and the Un Family Regarding Funding for Construction of the Fallon Road/I-580 Interchange, dated May 1, 2001 and as subsequently amended ("the 1-580 Construction Agreement"). The City may request payment no earlier than the recordation of a final map and, if the developer elects to record multiple final maps, only in proportion to the number of residential lots created by the proposed final map relative to number of residentiallofs in the Project in the aggregate. In the event that the Developer files a final map with fewer residential lots than are proposed in the tentative rnap, then the amount of the payment for that final map and any future final map shall be based upon the reduced number of units. As the advances by the Un Family may be made in one or more increments, the obligations will not be satisfied until such time as the Un Family has satisfied its obligations under the 1-580 Construction Agreement. Thus, notwithstanding anything to the contrary in herein, the City's requests for payments at recordation of final maps under this subsection may be requests to safisfy only a portion of Developer's obligation, and the Cify may later request that the remainder (or portion of the remainder) of the Developer's obligation to advance monies set forth in this paragraph be satisfied. Accordingly, Developer agrees to advance the remainder (or portion of the remainder) of its obligation upon request by the City. For example, if the Un Family has contributed $5,000,000 towards the construction of the Fallon Road interchange but fhey have not discharged their entire obligation under the 1-580 Construction Agreement, Developer, upon filing a final map to create 103 units, will be obligated (a) to contribute $21,000 (042% of $5,000,000) and (b) upon the later request of the City, to contribute 0.4203% of such other amounts as the Uns later contribute pursuant to the 1-580 Construction Agreement. B. Use of Monies by City. City will use the monies paid by Developer pursuant to Section III of this Agreement, together with any interest earned thereon, for construction of the Fallon Interchange Improvements. As used herein, "construction" shall include preliminary engineering, preparation of project study report, project report, plan specifications and estimates, engineering, environmental documentation and review, right-of-way acquisition (if necessary), permits, processing, utility relocation, construction, construction inspection, project management, and inspection. City shall be under no obligation to use the monies paid by Developer until such time that City has adequate monies to construct the Interchange Improvements. C, Credit Against TIF. City will provide a credit to Developer in the amount of Developer's payment of monies under this Section II, to be used by Developer against payment of the Eastern Dublin Traffic Impacf Fee ("TIF") The use of credits (including limitations on the use of credits) and manner of conversion of the credit to a right of reimbursement will be as detennined in the development agreement between Developer and the City, or, if not, as set forth in the City's TIF Guidelines (Resol. 23-99), subject to the following provisions. (a) fhe credit shall be granted at the time Developer Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. B0309J.4 Page 5 of 8 DRAFT. March 29, 2006 makes payments of money pursuant to this agreement; and (b) the Fallon Interchange Improvements credit may be used only against the Category 2 TIF Fees. Section IV. Payment of Funds for Construction of Eastern Dublin Fire Station A, Reimbursement for Construction of Eastern Dublin Fire Station, Developer agrees not to oppose a requirement on future development approvals that requires the Developer to advance the sum of one hundred thirteen fhousand, three hundred thirty one dollars ($113,331) to the City, prior to approval of the first final subdivision map to create individual lots on or, if no subdivision map is required to facilitate the development of a particular property, prior to approval of Stage 2 Developrnent Plans, in order to allow the City to reimburse the developer of Dublin Ranch Area A (DR Acquisitions, LL.C ) for its advance of cosfs to construct and equip the new Eastern Dublin fire station (Fire Station 18). The amount of the advance is based on the total amount advanced by DR Acquisitions, L.L.C multiplied by the percenfage of acreage (2,33%) that the Fallon Crossing Property bears to the total acreage of the Eastern Dublin area. B. Credit Against Fire Impact Fee. City will provide a credit to Developer in the amount of Developer's advance of monies under this Section, to be used by Developer against payment of Fire Facilities Fee. The amount of the credit, once established, shall not be increased for inflation and shall not accrue interest. The credits may be used by Developer against payment of the Fire Facilities Fee for any project in Dublin or, with written notice to City, may be transferred by Developer to another developer of land in Dublin. If Developer has not been able to use the credits within ten years of the City's acceptance of Fire Station 18 Improvements, the remaining credits will convert to a right of reimbursement and shall terminate after ten years. Any reimbursement shall be from Fire Facilities Fees only, if available, Other aspects of the credit and right of reimbursement shall be consistent with the City's Traffic Impact Fee Guidelines. Section IV. Payment of Development Impact Fees Notwithstanding any vested rights Developer may later obtain, Developer hereby agrees to pay all lawfully enacted development impact fees that are in effect at the time building permits are issued, or at such subsequent fime that the fees are othelWise due, for each individual structure within the Project. Section V. Approyal of Annexation This Agreement shall take effect when the City adopts a resolution of application to annex the Annexation Area, with or without conditions or, if the Developer files a petition fo annex, upon annexation. Upon adoption of such resolution, the City shall take reasonable steps to facilitate annexation of the Annexation Area In a timely Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. B0309~.4 Page 6 of 8 DRAFT' March 29, 2006 manner This Agreement shall become ineffective, however, if the annexation is not approved by LAFCO or the voters or does not become effective for any other reason. Section VI. Additional Provisions A. Correctness of the Recitals. The Recitals set forth in this Agreement are true and correct and are a part hereof, B. Further Assurances, The Parties shall execute, acknowledge, and deliver such additional documents or instruments as may be necessary to carry out the intent of this Agreement, including but not limited to, those expressly referred to in this Agreement. C. Construction by California Law, This Agreement is entered into in the State of California and shall be construed and interpreted in accordance with its laws. D. Representation of Comprehension of Document. In entering into this Agreement, the Parties represent that they have relied upon the legal advice of their attorneys who are the attorneys of their choice. The Parties further represent that the terms of this Agreement have been completely read by and explained fo them by their attorneys, and that they fully understand and voluntarily accept those tenns. E. Authorship. Each Party and counsel for each Party has reviewed and revised this Agreernent, and accordingly, the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreernent or any amendment of it. F. Authority to Execute, Each of the persons executing this agreement on behalf of a legal entity represents and warrants that each has full power to enter into this Agreement on behalf of the entity and that the Agreernent is binding on the entity. G. Entire Agreement; Amendment. This Agreement contains the entire agreement between the Parties with regard to the matters set forth. There are no additional written or oral agreements or promises between fhe Parties concerning these matters which are not expressly set forth in this Agreement. This Agreement may be amended or modified only by an agreement in writing executed in the same manner as this Agreement. H, Attorneys' Fees. In the event a Party to this Agreement is found in a court of law to have breached this Agreement, said Party shall pay the opposing Party's reasonable attorneys fees and costs incurred in litigating fhe breach of contract action. I. Approval of Project, By entering into this Agreement, City makes no commitment that it will approve the Project. Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. 6u3093.4 Page 7 of 8 DRAFT March 29, 2006 J. Notices. All notices shall be by certified mail or hand delivered to the Parties as follows: To the City' City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 To the Developer' Standard Pacific Homes 3825 Hopyard Road, Suite 195 Pleasanton, CA 94588 Attn. Michael Whitby K, Recordation. This Agreement shall be recorded against the Property described in Exhibit A (the Fallon Crossing Property). IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. ,"> CITY OF DUBLIN Approved as to fOITl1: l" .-. , ,JJll':'1 ~V J7L Elizabeth H. Silver, City Attorney Attest: ;11~~~ Fawn Holman, City Clerk [NOTARIZATIONS ATTACHED] Fallon Crossing Pre-Annexation Agreement Between City of Dublin, Standard Pacific Homes, Inc. and Mission Peak Homes, Inc. 803093.4 Page 8 of 8 DRAFT, March 29, 2006 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT \~~....;w-..:m"-~~~~~~~~Q)(.t~~~~~~,~, State of California On ~.)'J ,)-6~, late ' before me, } ss. c:n II ~m,fu;tI~~t~, ~"~D~.~::J}'-!k-L :Jwu.:l--_._kc\C ~~l~ (I V+ Name(8) 01 Slgner{sl County of,.. 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Number of Pages: Signer(s) Other Than Named Above: Capaclty(les) Claimed by Slgner(s) Signer's Name: .____..__.___ U Individual n Corporate Officer - Tille(s): I J Partner - 1.1 Limited U General U Attorney in Fact :J Trustee -'1 Guardian or Conservator :J Other. Signer's Name: U Individual o Corporate Officer - Title(s): 11 Partner - U Limited U General U Attorney in Fact D Trustee n Guardian or Conservator D Other- RIGHT THUMBPRINT OF SIGNER Top of thumo hers RIGHTTI1UMBPRINT OF SIGNER lCir of thUrT:D Il8fe Signer Is Representing: Signer Is Representing: '}C:X:;-~K';;:;'?PJ:\,~ml,.:.;:,;ri1:;:;:"Y?i;i'"fl?~{~A:7~;;:@'}{'W,~'t.i:~~r1J!~~~~~~~"~,'CI,..'l2:t.::,.':Q.-;:~~'U",:~,,,".;'~:i;;"':'G(;.::.<~'<.;.-:'~'7.?"J(j(~~*v;:;;'{rj';:)z.J:~'~'2<:.;:(1(,;."~~"~: 1tl200~ National Notary A8soclalloll . 9350 De 0010 Ave., ,""U. !::lox 240~ . t:halsworth, (;A ~I!:, 1~_:...'41l:' 11!~m Nll. 5907 Reorder: Call Toll-free 1-1;lj1{)"ij'1!j-f;E\2'1 CALIFORNIA ALL. PURPOSE ACKNOWLEDGMENT @~~;c,,~~~BG"..;,::;;,,~,".&'",.n~a=sQ..5~;.5""~~:n:.t'Q~4$r~.J.%::~t~;~;'}~~...:f&:,"~g~,<;l:;~K,:r ~~0'5~0iHrft:<......."S:~~,,:~.0..~ ~ ~ ,. Stale of callfUrma} :~ " / 5S ~, County of A-I a."Y\fV~L" _________ ~~ ~, r" ~~.'~ S>; )' ""1 " ~')I <" ~;I c; ~ '-' ,', -., " " ','I t> ~ ;.1 ., ;j ~ 'I o ., On ~M-k\'f.J1 ,;'(01,7 bafora ma, '" N? D~l" N~mll and '1'1110 01 Oltlc~r (Il.Il., 'Jaml (joe.. No "'IV f.'ubllc"! parson.lly appeared _--.f]j:l:}/L.__M_.0:r:J:i!'-- "'llrl1E1I~) QI519""Qfl~1 }(personally known to me o proved to me on the basis evidence of sali.factory to be tho person(li! whose name(~ is/a+e-. subscribed to the within instrument and acknowledged to me that he/sIle/tA€'j' execufed the same in his/llef/!Ileif authorized capaGity(~), and that by his/AAf/tIlW signatura(~ on the instrument the perscn~.x), or the entity upon behalf of which the personl,li) acted, executed the instrument. " , ~ I~ I~ }<.I 1.:;.,,1 ,W i\<; ~ ,~, :X' ?i " OPTIONAL ThQl1gh the infoJmflt;(Jn b~jQw is not r~quired by law, it mElY prove valuabJe to persons relying on the docurrlent arid c:u/J1d pteVl3rJl fn!wdulent remDval and reattachment of this form 10 Clflolhs/' ducumenr. Description of Attached Document Title or Tvpe of Document ~ I. ( ~ ~ :: Capacity(ies) Claimed by Signer .: I ," I, Signer's Name~ __,..__.,~~,,__..~,~..~.'''m~_~.'''_~''~~,~' .~-'-'-,._~_.~- :'(1 < I, 0 Individual 'rop ollhumb hefe 'I \~ D Corporate Offloer - Title(s): ___ ., @ U Partne, - U Limited 0 General ,I % 0 Attorney-in-Fact ~I ~ 0 Trustee ~ I,' IJ Gua.rdlan Or Conservator QI i, n Other: ____________ _"" ~I , P ~ Signer Is Reprosenfing: _ __._ ~ ~~"~~"Q~~,~~;~~ ~<:;''g<;::~:tv-~\'~~7~.=:.:;::'":r.:.4;.:;g?}~,(~~Q~:Q~;~~:~g;~:&~'~::.g;:,~,'~it".~<; ";;f!l~\i%"~..b,~:';:::t;{:;:;;F'::::;:'FSR:llV ~,G,~~J~ r1;1198'<l NIl.U.),,~1 NCI(~rl' A~~,,<;ill(ir!!l . !t350 Do; S~['-' Av/!.. P,O. Br..>x 2~02' r.1'IIl.!swool1. CA 9i313-2t102 \IIIwVj,~/!II~)r)$ll)(ll~ry '!~ Fm~, N~, 5!107 RAOr~~~ l..OlII 'lC1II.Froc '-!Ioo-u76.11IJ2.7 Document Date: Number of Pages: Signer(s) Other Than Named Above: 'I Q > " , " ., ~ 1 .1 ~ I .1 I 'I ',il EXHIBIT A Fallon Crossing Property Description vate:September 8, 20 EXHIBIT I FALLON CROSSING REORGANIZATION PA-04-016 ANNEXATION TO THE CITY OF DUBLIN AND DUBLIN SAN RAMON SERVICE DISTRICT Parcel located in Alameda County, California All that certain rea] property situate in a portion of the Northeast Quarter of Section 28, TownshIp 2 South, Range I East, Mount Diablo Base and Meridian, being: 1 the Parcel described in deed to "Mission Peak Homes, Inc.", recorded January 19, 1988, Series Number 88-012390 2. the Parcel described in deed to "County of Alameda", recorded December 5, 1946 in Book 5041 at Pagc 6: 3 the Parcels described in deed to "Fredrich Family Trust", rec(Jrded May 3,1991, Series Number 91-1 ]233: Official Records of Alameda County, described as follows: Beginning at the northeastern comer of the Silveria, Haight, Nielsen Properties Reorganization, P A-02-024 Annexation to the City of Dublin and Dublin San Ramon Services District by LAFCo Resolution No. 2003,OI-A C January 9, 2003 and filed May 5, 2003 in Book 264 of Maps at Page 34, Series No 2003262895, Official Records of Alameda County; Thence along the northern line and its westerly prolongation of said annexation the following six (6) courses: 1. South 60019'01" West, 146_25 feet 2. North 83040'59" West, 135.30 feet 3. North 64010'59" West, 528.00 feet 4 North 87010'59" West, 473.88 feet 5 South 34049'01" West, 576 18 feet 6. North 8'F25'59" West, 105444 feet to the southwestern corner of said "Fredrich Family Trust" parcels (91-112337), said comer also heing on the general easterly boundary ofPA-02-028 Dublin Ranch Wcst Reorganization, annexation to the City of Dublin and the Dublin San Ramon Services District by LAFCo Resolution No. 2005-03 on May 12,2005 and filed _____.2005 in Book__ of Maps at Page_, Records of Alameda County, California, Thence along the western line of last said parcels and along the general easterly boundary of last said reorganizatio thc follOWIng five (5) courses: ] NorthOluI8'31"East, 143 65 feet 2. North 30050' 19" West, 132.45 feet 3 North 68020' 14" West, 198.08 feet 4 North. 29057'44" West, 2Q7.56 feet 5 North 08036'01" East, 114.56 feet Thence leaving the general easterly boundary of last said reorganization and along the northern line of last smd parcels the following three (3) courses: ] North 78028'16" Easi,287_73 feet 2. North 76057'41"East. 168.97 feet 3 N(lrth 88036'36" East, 30.34feet to the northeastern comer oflast said parcels; G:\A.dmitl\Job!:-03\031006\s.nncxatJon\Falloil Crossing Annexation R2.d()c Page 1 of2 Exhibit A ,~ Date: Septembd 8, 201 EXHIBIT I FALLON CROSSING REORGANIZATION PA-04-016 ANNEXATION TO THE CITY OF DUBLIN AND DUBLIN SAN RAMON SERVICE DISTRICT Thence leaving last said line, North 77004'31" East, 66.00 feet to the eastern line of Tassajara Road (66 feet wide) Thence along last said line, South 13002'02" East, 16460 feet to the northwestern line of said "County of Alameda" parcel (5041/67); Thence along last said Ime North 33023'01" East, 92.29 feet to the intersection of the western and northwestern Jines of said "Mission Peak Homes, Inc." parcel (88-012390); Thence along said northwestern line and the northern and eastern lines of last said parcel, the followmg three (3) courses: 1 North 31001 'OJ" East, 953 12 feet 2. South 89021 '59" East, 1877 14 feet 3_ South 01 "04'22" West, 1258,74 feet to the Point of Beginning. Containing: 75 18 Acres:!:: Prepared by' Ruggeri - Jensen - Azar & Assoeiates c-.-< L.u!-. Charles F Sellman, Li2ensed Professional Land Surveyor No. 5186, License Expires: 06-30-07 References to the existing boundaries of the City of Dublin and Dublin San Ramon Services DIstrict are primary calls. Any bearings or distances referred to herein should be only considered secondary t:l9.0B-2o.-S- Date Boundary line of territory is shown on Exhibit "A" Fallon Crossing Reorganization, P A -04-016 City of Dublin and Dublin San Ramon Services District approved by LAFCO Resolution No. day of_, 2005 Said map "'as certified by the County Surveyor on the _ day of 2005, Annexation to the on the 'This description confimns to the requirements of the Alameda County Local Agency Formation CommIssion. Donald J LaBelle, DIrector of Public Works County of Alameda By' Russell ReId Penland, Jr., County Surveyor L. S. #5726, Expires 12/31/05 ,. G:\Admin\Iobs.03\OJl 006\annexation\Fallutl Cm.!lsing Annexation R2_doc Page 2 of2 EXHIBIT B Map of Annexation Area ~""" I ~, "')- TASSA.lA.AA \ '{'lh' REAlJGNME}lT \~ \~, BDOK 5041 OR FAG:: 57 t. \ ' .;;:', lC:OUNT'f R[tb.O pI ~~ -----1 \'!g, 2583'-) r'$' , \ VAR...s'- '- I It:- ~ :B1-.274aoo\ '- I f',.::',,'Cl ) 11O-O.-l.B7.' I""'" APN 911&- ' ,~ fA -G:2-D2l! DU3LlN RANCj-I WEST P.E.OR~tmTJON I 0004-001-01 \ \ / / ANNaATJON 10 THE em or O[J.BUN II \ " I MlD THE OOB~ alN !<AMDN ' Ii' U , I ~. ~I~"'''''''''''',~ SERVJCES J>ETIOCT BY WCO ,~'~ ~" " L8~, I g2.29' m~WTloN NQ. 2005-oa oN MIl r 12,2005 19 ,r, L \ AND FllED . ZOOS fti (10-4' ~ gOO)( _ Of WlP3 AT PAGE \ \ R!CORtG Of Al.AMrDA COUNTY. CAu:rDRNi" , / / I ~ \ ,1'IlEllllICH I ,I I 91"tl23S7 00-00-11191 \ --L /-iJi' .I ~tl, _-oOll4-002-ClS - ,I I / / ,I I I I BRAG:> g:S-3:3~g!3:1 09-21-1.95-"3 APN, 98 B-C004-003 --- UN BZ-ool7:SEi m -05-] 982 APN; 986-oC04-005-D t .!..kJeTobIe I ~ lil1e I &am!1 D.iS/ri'I'lce , u J JHJJ1eJ1~ r4.3.05' !2 NJO~"!; ";f 132.4&' W ~11'2iY'14-.r ,98. as' H N8'57'#"W 29'1...56' t5 N{}8"Jf/OI~ I 1U,SS' I..S I WfJOZ8'16-E 2lJ7.7.J' o ~ Il7B"57'41~ 1se.97 I l.8 ~"JD'~VjT 3a:~' l re Nl7V4:'.J1T BfLoo" 00 sr J'!J2'or[ 164.60' ~ '" ~ ~ LEGEliJEi, , . , ~ ~. I l i ~ i . RI::ll.<.'1' /HL'N!Ui 2OOZ,-3C'51] [. O$-27-'OOS AIM, .B5-<JOO l-OO l , S8S"21 '~~E 1877. p.f' STANDAAD P~ClFIC CDRPDFl/.TIOll 111116148527 01-14-20(15 Am ~S;-oODHOl TDT AI. AREA ' 75.19 ACRES T 2. S, ,. 1. f. M. D M. 21 22 28127 ,I ~ iii " !!- j:l jl; -N- il fJ , / ~ / T"'--. ...... \ fW/I.!.. MAP TP..Acr 7441 ':,7---. "'Ie I 27'M.&-a2 / ~_o'-P/~, "!--- i Am ea5-ooJ2-00a-!l, ~ / ~#'/46S1.JARA REAL'iiNMOO"'%,\ . ' _ -.............. _ / ..... #"'"-;;f~ ~:;:< - BooK 5J:2:9- -OR PAGE: 2:52 "-....,;- S1Lruw... HAtGHT, NJ::::LSEN PFWP OOI~S ~E:.{)RG1!.N.IZA TJON., 7:"",', - Y_. -. [COUNT'( RDAD 256.8] ,)'A-1J2-QU JU'WEXATIDt1 TD THE: crrr of DUBLIN AND ( /' 1Hf DUBLIN S!LN RAMoN ~ DJ51.RICT BY l.JLF'CO i ,;.. ~EBOu.rnON N'iJ. :2DD3-0 l-A oN JA..WJAAY 9, 2008 ANt J1' " FIlED Wt-'t 5, ;wo;a IX BOOK 254 Of w.PS A1 rAGE -a.d II 1200'~'''!lS). REmRDS or AlAMO"" cOL>\n', ""IJfORN~-<:':: l I r""~"' h'B3"2S'5rw 1054.+f ' N8na'5::J '.It' ~1.J:!J8' I " ',-- ~ 1, 1HElIrnfi.v_ftSW.:W-~1W$---~ IfAS-Br~~ :~~_ "_'- - _.:f~ 2. 'RffUIEJI{;fC$--ro__EiisJiTir;tlrf,:tF'WBW__'_~,5AJI "1i.IIi1I5!1/'ICES D/s1R/Ct.1l'OO'm~~r:00is: -;W'f IEn/1WG$ AhfJ fJlSTANCES. _1",._",'9fI.ijJJHIr~ ~A1'r. J. 4S A-Dek~.~_m.:w,_"11C-9tA/.1 SEPARAJJCWS.BITKilI"lHf PCSU/CWS OF mE"~.~,1HE~r OFTHf ~ ~71ON IHf) .M'E4S W7S:f:.t 7HJS.ootJNDARy, iF ~ .II:ER: PROI..l'GfD ~ mow J1f.Jt 71f'1.E t:6C:fllPIT!WS m-.2f f'UiCW at IIfi.lr!t:UD OmERHfSt IE A :mG!..E J..JNE. 7HESE. U1€S ARE ro fi'E taNSfJJfP.BJ caJ/CDENT D;Ct-pT flIER[ NOm;J. BASIS OF B EAR IN GS: mE f1EAR1NG OF S60-"/g"01~*~ AS SHOItN 00 mE IK:P.JHERN liNE OF JI)P OF SI... 'J.fRV.. HAKlHT, MfI..SEN PROPtRRES RBJRGAIWZA lION, PI.-{}2-(J24 .A~ 'f1(NIJ ro mE art' [F' DfJ6J..JN AND fJtJ8liN SAN RM/~f ..5:ERLofCES ~S'lRlCr; fIillJ '" !JOOI< 264 or MAPS A.T PM;[ 14, ALAMfDJ; crXJmy RtcaeoS; IS 1HE Bl.5:S OF 0CARiNGS.. P.o.e:.. ~ I ! I I I I / I UM !3--9-445i "3 1 l2-16-1:!!'.9f1 APN: 385-0001-002. I I __~U---- C 300 60D 1__' ~. 1 i.'l:oh = 3.00 :lL EXHIBIT "A" FAIJ..ON CROSSING REORGANIZATION P A -04-016 ANNEXATION TO THE CITY OF DUBlJN AND THE DUllUN SAN RAJ,{ON SERVICES DISTRICT BY WlCO RESOLUTION NO. ON L d -N- Il , -.p.o.a PQltIT - OF ,BEG!W{IN"G _ _ _ ~ :...,. _ -'-- .b:JS1iN(;> a-TI -eootIDAAY. UHE _ _....;.... _ ....;..---...;-_..aoo~DAAY--:~t"OF ANtffi<ATla-.I PA.~LJtE: _.~ [.."l"l~ U-:::.:; <<>"!! ""'" lJ.~y ROJECT .- SITE ~ ~ ~ ~ ~ afASQl ....... !~ """ " . ~ 4f' 1HTER:S1,l,1E$!iC- .,; ." .f.~ if " o , '0 :?3~ VICINITY MAP NOi"1't's::.tIi" 7H!S MAP ~ ro mE RECXJmEY9lTS OF THE t-IXAL .A.GmC'i' q:yw.ll'ROll' CfJJI.tiS9W OF AlAMfI)A CWNi'Y. ~lAW ..!. !ABHl.E; fJlRECrrR -()f PJJ8r.JC IfOi'KS E~ i RUSSEll REKJ pfNUWD. .R.., caJNrr SVR1€'!OP. LS 5725 D1'1R[S 12/31/05 DAf[.- 'lfflS IJAP, rtPTf}J F1tED, WAS A~M'/ED BY A CERmcA.~ OF COAfPI..EWJN AND CElWf/!I) COP'r' (J TNE BOONfMR'f ~ ~1EV HmEOJo,', AS RrorJlFfU) Br SECTlW mOJ OF mE CO~?IT CODE. B'r.' /;.OOJJIN-.-~ tAfbf-D.l"Ci.fflL-t" OFFJCER DAre , I mJS MAP IS f1UIl Ai mE ~-t:F.fHf CITY (}f f1UBW AND' .7HE..EJlJBLIN SAN WJ!Jiai S$~CES DismmT -~ T . .. WIU1E.s~PASr.....---JI- ON -TiE _______ lM Y-- OF 2!J05 prBOfJi; ..,.~ (jf,MAPs._-.~r.PI"~ -----'-'_EFR/ES .Nfl IJ{ THE-f.tRfI-:(JF-.rnE f?ECaf1JfH.[IF ~- COUNTf.. -(;)Jff0fiNJ).. mE c;ER'TIf1GJ,1F tF ~:AiUJ'.~DESCRtP-JrOO-;.w[ 'f{fl:ffifJEf) PI SERiES . ND, a- otm:liJ..- ~ "IN 1M: omrr OF N'RECOR{)[R A/:AMfIJJ; COIJWT't;-ClI:JffA7h'IA - 1'A1RJCK .1. O'CcMlli CWNrY IiEfJRC{R I B~ DEPtJlf roJNTY RECORlJER '00 : RUGGEPJ- JEKS!:N- AZAR /{ ASSOCIAre<J CM1.. ENGmEERS, F'lANNEF.:.'S, stmVEYORS .f.69D c:HABOT DR.'VE, SUITE 200 - ~, C!.. M-5E1B _2005 10:0, 'NO. 031006 aHItT 1 OF 1 SHEET Exhibit B EXHIBIT C Map of Eastern Dublin General Plan Amendment Area I I II; I~ ,..-'1 ..-' , ,..-" I' ...-- ...fo..cs........... ~'~ . _oS~::."CO . ,->"'r.l..!'-lo J ~~.... 1 .-""f , .. -j:- /'1- I .,.~ 1 I ~""""""7' L I I 1"'-' I --/ ,-r" I ' . --MtRRA I L ... ,)-------::--------i ' --------l . L" RU / :1 [' I ~~-i i I I ~:_-~ f J .'-----", '~T '- RRA ~___-, FUTURE STUDY AREA j' RRA, _~, : ~ I ,,,,,'8>...-;;\ I ' ..t~..,..J_::~~:~r...l : '[ AGRICULTU'R'E i ..:>.:;,.::::~,c..:~-l.~.~ ....~~1 ~ I . .J,~~-,~-!~~~:_;:~,'~.Y l'~~,' r--....J , I I ~'-.~~..-:0" L (;_..~ " /""",,----, , l J I..: ",> \, ~~.?l-. i .iEr~ '\ ...&; 0;;' -~ "':';1 {Y-f J I' \ ,-"",", Y----l ~-- L:, ~~~(J I'~_~~:' r.:,~ , ~~J ' l I t.:,;~ ',;)\ ~ ,'u. c ". ) ,- HHA 2743.9 Acres \ 1 t~>7if' ':<0-...,,'c"'J' ~ I B' [' , '" I i:e;!), -' ,:~:,. .~' -,.", i t!1 \~. M ~ \ I ;;;J . ",' i:;'f{~,.', \.~, I L ...-.. -- I , ..0-','1 1";/ L L \C7:'-'V<;:';.~.. =L : '- j 'L :.. ',I \'. - . ,;' _" \:@;C ~-'~j -1'-----------, re;;;7""--"'"T':"-'~'-~-:-::""",~- -"." if 'l:" :'s' L ;' . " 1/ _ @-; 'I' , l[,:\;-..;,.;,i;.S;~~\"'-'--(X!-'->, -- I M l;j';;~\:- ; "2 ," 1 ;,;' 'I' L~.. I I ------ -...; "., ~- - "- M .....-:-~~ _~::"'::~it~- i: .",. ..:. ~ -< " r I \. ~, ~ ~2~' ' "cp-'.. \ "H '/.........~ ' :':~_. 1: .-1:00"'" L.".~ I. '-j-' - ,~ I ':--- -: _'!l L' -'.' ',Ii---'~"H ~ M ..I -- '..-'l:-::~"1' , ~'-- - -:: - \. J' = ':,.",~ ~"@;;'j \1 i '- - 1;/.;'7a:>1[!o'id';I""I' t" -, ' -, .-- -I h-- l11'F~' f:J;: . ~ I (,,' ~ ;C:;:21'>.'!.9" &id,1 I MH \-: -'''HI.. [.0 ' . ~ ,l'tH '-' -.. ;~ H.' H , \1 " .~..........t.",. ;~;-;"""l.~:, ~~ I [ :, I ,,-~ M ....... ~I' ....':.t' U;;//N~ '//';;~''''// H '?!. \."~1<;':::'=" ~:;.n~.::.l ,,-- - [' KJ' ..... ....q::............. ........,..,...".'....:.;ffi:...............'.....~...:_~~'::;: <'1" ..,""' ,0'0';- ! L , , ., r>-I~:;:"": M ~ M -,..:::::.......~~.~~-.....~':/N/U..../~7'7.f /,' ,'" ~ 72--:,~~:::- .~;<...t~~;.n.~_-. ~., _. ...:;./~ I I H .'.-':j'.;:( I ~ I ~t,,~ ;,;,,, H ~- H il@;;, -""'~t~ '~: ,C"'<'~; '..";'-;;--:-( '",_ ** ,,1-14 Acres r--------- 1---,-1' P'Jo'>l c ~ L """"1'.,,'-:,-'- "'" M c-; k<< 7."" ,',~ ~" - ." '.... ;-'';:7 C I, ~ . ~,.;;;;.,o,,;;..,.,;.~__ l',;:j!, ,k'<".:~~....,.. ~ :....' 0,1**.. ~::..... .....,-\1 11**" ".;-.", I I ",r [ H /':_:.:_:_:.::::::'':-'' -, <"s-':'--" , - .~~~~,7~"~,,,, ' _____--.i;;~__ j [Crosby) I ./ ~:.:.:.:.:.:.:.:-:.:-I.''-' "-. ,-"".. ,-' . ..... .......'T " ,-"" 00'....-.._..._..._..-_.,.:..-.-...-.-...-...._............_..-.._..........-.~....---....r."-..~~'-'C"-:-; "** 1 .-A-"'~ hi;:;:;;l\:-t).f~~~~~~:::;,~: . ,.. '... .i.: '....~~:,:~,:~::jiii:j:);:}:I:j1i:::j.I:I:t'i:::j;!:1it<, ":l~' \~~~ '__ ~-_~': _______J-' /\ ~ J [j G u fi Ii Ii I I I I I I I I I I I I I I * 3.e.....eral CCTlmercial may be ;Jer:ni'ctej by c. Plar.ned Deveroprlent Zc.llng ?roces.s ',see tex~ fur complete dis::::ussion I ** V','t. cO,'";;vert :0 Future Sr:;dy Area. t.,g.ri:::ulture 'Nri:8re netermirled irlconsistent ...,ith APl.\ lsee tex~ ~or complete discussion) General Plan -Eastern Extended Planning Area LAND USE MAP Legend CO MMER C!AL ~ Ne:.htxJr,,,,od COmT1'8rOlaJ ~;:J General:'-o 'nIT: er:jal ""'""'== r':::"::::;:":::", Carro..'S Office i' . . . '. Iraustrial Dar... R~ SICENTIA L ~ High .Jensitv 25~ dL./ac "'"' ~ MedIUm-high DensR'I 14-25 d..LIac c=!:J r..ted F...TT: Sensitv €~ 14 jJl ac ~ LiJ-w Denstty 0-€ ::lJ/a:::: ~ Rural Residentia[lAgricu.lure 1 :1.1/100 ac PUBLIC. 'SEMkPU8~;C.'OPEN n/!h}8~ Fublk:/Semi-P:..Jbiic Facility @ =:Iementiiry S ch:-ol :;;3:. ..i un io r Higt Sc hoo_; @ .-ligh Sc ',OOi @, Pu!>ic;Sel1i-P'"bic Park s & ri€ ;::reatoi'i IPI Cr.y Paik @ Comnunit., Park @ N eighQorho 0 C Pari< Ne-ightJa"';;" oed Square c:::J ill ~ e Oper Spa.:::e Stream Corridor C I'iC U LA TION -- ~rterial Street Collector 'Str-ee; T:ar&: S:::41-9 S 81 B our. d ar~, C-eneraJ ;:Jlan ~:.1e:lc:--:-e-n: S-:ud'v ':'!'rea :S~ecik Plan St..: ::h A.~ea EASTERN DUBLIN May to, 1993 Walace Rot>erts & Todd F;gure 28 I , ,,.,, I " ! << , ~ o lQor-1::J' 2X1Di=ee: """" ... , I I' ", 112 Ml~ :-" Exh~