HomeMy WebLinkAboutReso 89-06 Purchase of 6457 Dublin Court
RESOLUTION NO. 89 . 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OJ<' DUBLIN
********..
APPROVING AGREEMENT WITH ANDREA G. STOVER, FORMERJ,y
ANDREA G. LEE, AS TRUSTEE OF THE ROBERT K. LEE MARITAL TRUST
FOR THE PURCHASE OF A PORTION OF PROPERTY IN FEE
LOCATED AT 6457 DUBLIN COURT
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 1-580; and
WHEREAS, in order to accomplish this goal, it is necessary for the City to acquire a portion of
property in fee located at 6457 Dublin Court; and
WHEREAS, along with the Grant Deed for the subject portion of6457 Dublin Court, 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 Andrea G Stover, formerly Andrea G. Lee, as Trustee of the Robert K. Lee Marital
Trust.
BE IT FU RTHER RESOL YED 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 6th day of June, 2006, by the following vote'
A YES Councilmembers Hildenbrand, McConnick, Oravetz and Zika, and Mayor Lockhart
NOES None
ABSENT None
ABSTAIN None
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City - erk
Reso No. 89-06, Adopted 616/06, Item 4.15
Page 1 of 1
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT, dated __________, 2006, IS by and bctwccn
Andrea G_ Stover, formcrly Andrea G. Lee, as Trustee ofthc Robert K. Lee Mantal Trust
("Scller") and the City ufDublin ("Buyer").
RECITALS
A WHEREAS, Scllcr owns certam land and improvcments located at 6457
Duhlin Court, Dublin, Cahfonna (Asscssor's Parcel Numher 1)41-0550-0 I 0-15); and
B. WHEREAS, the suhJect property is improved With a commercial building
and a parkmg lot, thc property subject to thIS agreement has no buildings on it, and
C WHEREAS, Sellcr represcnts that there 1S a Tenant who leases the
property ("Tenan!") for commercial and retail purposes; and
D WHEREAS, Buyer desires to purchase a portion of the Properly m fec and
a temporary constructiun cascment more partIcularly dcs"ribcd in Attachment 1 and
Attachment 2, allach"d hcrcto and bv reference madc a part hereof (heremafler
collcctively referred tu as "Subjcct Property"), for the Buycr's Capital Improvement
Program (CIP) Project No %852, Dougherty Road Jmprovcmcnts --llouston Place to 1-
580, with Scarlett Court Access tu Dublin Boulevard L1mlted to Right Turn Out Only,
and Right Turn from Duhhn Boulevard to Scarlett Court Ehmmatcd ("Projccf'l; and
Seller dcsircs to sell the SuhJect Property to Buyer); and
E. WHEREAS, Sellcr and Buyer have agreed to exccutc this Purchase and
Sale Agreement m heu uf cundcmnation, and this purchase and sale is directly and
exprcssly under threat uf emincnt domain. In the event that Sellcr and Buyer were not
able to reach an agreement fur thc purchase and sale of the Subjcct Propeliy, Buyer
would continuc with emment domain procecdings to acqUire hOe to thc Subjcct Property
TERMS
WHEREFORE, IT IS MUTUALL \ AGREED BETWEEN SELLER AND
BUYERS AS FOLLOWS
1 PURCHASE PRICE. The total purchasc price for the suhJect property to be
acquired shall be the sum of: $ 179,450.00
2. TNST ALLATlON OF FENCE. Buyer agrces to lllstall, at its expcnse, a
tcmporary SIX (Ii) foot "hain link fcnce, or the eqUivalent thcrcof, along Dougherty Road
dLmng thG construction of the Project on the Subjcct Property Buyer agrees to install, at
its cxpcnse, a pelmanentli' fencc along Doughertv Road afIer completion of the PrOJed
on the Subjcct Property
Purchase & Sale A,grcc:mcnt
Page 1 ofS
3 DOUGHERTy ROAD ENTRANCE. Buycr agrees to maintain the Doughcrty
Road entrancc onto thc Subject Property for vehIcular traffic during business hours.
4 LANDSCAPINGIJYIODTFlCATIONS TO EXISTING BUSINESS OR USE.
Landscaping will not be reqUIred on the remaining property as a result of the Project.
Any future modifications to the eXlst1l1g bus11less or usc rcquiring City approval will
require confimnance to thc current building and zomng codes,
5 CONVEY ANCE OF TITLE. Seller agrees to convey the Subject Property to
Buyer by Grant Deed and a Grant of Temporary ConstructIOn Easement (collcctively
"Deeds"), copics of which IS atlached hereto rcspectively as Attachment 1 and
Attachment 2, free and clear of all recorded and unrecurded licns, cncumbrances,
asscssments, easements, leases, and taxcs EXCEPT
A Taxes for the fiscal year in which this escrow closes, which shall bc
handled in accordance with the provlslOns of Section 4986 of the Revenue and Taxation
Code o[(he Statc of CalifornIa.
B. Qua~i-public utility, public alley, public ~treet easemcnts, and rights of
way of rccord.
C Such other liells, encumbrances, rcservations and restrictions as may bc
approved in writing by the General Counsel of thc Buycr
6 TITLE INSURANCE. Chicagu Titlc Company ("Title Company") has providcd
Buyer with its Prelim11lary Tille RL1'ort. Buyer has reviewed that Prehmmary Tille
Report and has no objechon to any exception to coverage listed there11l. Buyer shall
obtam an updated Tillc Report, and shall have five (5) days aftcr reccipt of the updated
Tille Report to obJect in writing to any new exceptIOns shown on thc rcport. At close,
Title Company shall1Ssue its CLTA Owncr's Coverage Forn, Policy of Title Insurance,
with liability m the amount ofthc Purchasc Pricc, showing title to the Property vcsted in
Buyer, subjcct to all exceptlOns except thosc ncw cxceptions whIch are specilically
objected to in writing by Buyer within five (5) days after receipt of the Title Report.
Seller agf<:cs to convey title to the Property to Buyer at Close of Escrow free and clear of
all monetary licns and encumbrances, excluding unly current real property taxes.
Assessments, If any, shall bc assumed by Buyer If Seller does not removc one or more
such munctary encumbrances, hens, or claims, in addition to all other remedIes Buycr
may have at law or in cquity, Buyer may close Escrow un thc schcduled closing date and
offset dollar for dollar against the Purchase Pnce an amount equal to such monetary
cncumbrances, liens or claims,
Purchase & Sale Agreement
Page 2 of8
7 ESCROW An Escro,^" Order Number 5X')02258 ("Escro,^,") has becn opened
with ChIcago Title Company, 7041 Koll Center Park-way, SUIte 220, Plcasanton, CA
94566 ('Escro'W Holder"). ThIS Ab'fccment consl1tutes the joint eScrow instructions of
Buycr and Seller, and Escrow Agent to whom these instmctions are delivercd is herehy
empowcred to actundcr this Agreement. Thc parties hereto agree to do all acts nccessary
to close this cscrow III (he shortcst possible (Ime.
Scller has executcd and handed thc Deeds to Buycr, concurrently with this
Agreem<:nt. As soon as possible after opemng of cscrow, Buyer will deposit the executcd
deeds, with Certificate of Acceptance allached, with Escrow Agent on Seller's behalf.
Buyer agrccs to deposIt thc purchase pnce upon demand of Escrow Agent. Buyer and
Seller agree to dcposit with Escrow Agent any additional mstmmcnts as may he
ncccssary to complctc this transaction.
Insurancc poliCIes for firc or casualty are not to be transfcrred, and Seller will
cancel hIs own policies after close of cscrow
All funds rcceived 111 thIS escrow shall he depositcd with other escrow funds m a
general escruw account(s) and may bc transferred to any other such escrow trust accuunt
in any state or national bank domg busincss in the State of Califonlla_ All disbursements
shall bc made by chcck from such account.
ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY
WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE.
A_ Pay and charge Selkr Jor any unpaJd delinquent taxes and/or pcnalties and
interest ther~on, and for any delinquent or non-delinquent assessmcnts or bonds against
the property;
B In the event thIS cscrow eloses hetwccn July 1 and November 1, and
currcnt tax mfon1lation is not availahle from title msurer, Escrow Agent is instructed to
wlthhuld from Seller's prucccds an anlOunt equal to the eS(lmatcd prorated amount due
based upun the prevIOus fiscal ycar's second half tax bilL If thc Title Company
dctcrmines that morc is owed, the Titlc Company shall bill the Seller directly At such
timc that the tax information IS a,ailable, Escrow Ag,-,nt shall make a chcck pavahle (u
the County Tax Collector for Seller's prorated porhon of taxes and forward same (0 (hc
Buycr and shall refund any difference (0 thc Seller In (he cvcnt the amount withheld IS
no( snfficicnt to pay Scllcr's prorated portion of taxes due, thc Seller herein agrces to
immecha(ely pay the difference;
In the cvcnt saId tax information IS a,ailahlc, Seller's (axes shall be proratcd in
accordance WJ(h Paragraph "C" helow
Purchase & Sale Agreement
Page 1 01'8
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C. From the date that tax information is available, as per Paragraph "B", up to
and including June 30th, Seller's current taxes, ifunpaid, 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 6 of this Agreement;
F. Pay and charge Buyer for any escrow fees, charges, and costs which arise
in this escrow;
G. Disburse funds and deliver deeds 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 June 6, 2006. Pursuant
to Paragraph 1 herein, if the governing board approves the agreement, the parties desire
escrow to close on or before August 1, 2006. Buyer shall take all necessary steps in
advance of August 1, 2006, to ensure that, in the event the governing board approves this
agreement, escrow will close within sixty (60) days thereafter, or as soon as possible
thereafter.
8. 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.
Purchase & Sale Agreement
Page 4 0[8
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9. RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a
complete, current, and correct statement of rentals on a form furnished 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.
10. INDEMNITY AND HOLD-HARMLESS CLAUSE RELATING TO CLAIMS
BY TENANT: By operation of law (California Code of Civil Procedure section
1265.11 0, et seq.), the leases with a Tenant 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 business tenant against Seller and/or
Buyer. 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.
11. 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.
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.
Purchase & Sale Agreement
Page 5 0[8
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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.
12. 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. 91251,
et seq.), Section 1004 ofthe 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. 99601, 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.
13. 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.
14. 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.
15. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of
Seller's statement to Buyer (c/o Melissa Morton, Public Works Director, City of Dublin,
100 Civic Plaza, Dublin, California 94568), the purpose being to ascertain if any
reimbursements are due Seller.
16. 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.
Purchase & Sale Agreement
Page 6 0[8
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17. 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, if any, 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.
18. 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 Morton
100 Civic Plaza
Dublin, CA
FAX:
cc:
Meyers, Nave, Riback, Silver & Wilson
555 1ih Street, Suite 1500
Oakland, CA 94607
FAX: 510-808-2000
SELLER:
Andrea G. Stover,
Formerly Andrea G. Lee,
Trustee of the Robert K. Lee Marital Trust
2933 Atlas Peek Road
Napa, California 94558
[This Space Intentionally Left Blank]
Purchase & Sale Agreement
Page 7 0[8
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IN WITNESS WHEREOF, the parties have signed this Agreement this
day of , 2006.
"BUYER"
"SELLER"
CITY OF DUBLIN
By:
A~~sC'-\~~
ANDREA G. VER,
Trustee of the Robert K. Lee Marital
Trust
ATTEST
By
RECOMMENDED FOR APPROVAL:
By
796579
Purchase & Sale Agreement
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RECORDING REQUESTED BY:
The City of Dublin
AND WHEN RECORDED MAIL TO:
City of Dublin
1 00 Civic Center
Dublin, California 94568
Attn: City Clerk
NO DOCUMENTARY TRANSFER
TAX DUE
APN: 941-550-10-15
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, Andrea G. Stover, formerly
Andrea G. Lee, Trustee of the Robert K. Lee Marital Trust ("Grantor") hereby grants 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.
2006.
IN WITNESS WHEREOF, Grantors have executed this Grant Deed as of i \)(II!
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GRANTOR:
4c1~ (( r~~
ANDREA G. SToVER
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Certificate of Acknowledqment
State of t r. (,)1, I. O/l} . )
~' ) ss.
County of ,I Ie IY )
!
On this Is:!: day of ,,(k: L{ ,200 &J, before me, r<~l(lLif'(i j,:',lfJt'ii
the undersigned Notary Public, personally appeared ANDREA G. STOVER, 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.
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Notary Public
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KAROLEE WIlSON
Commission # 1528583
Notary Public - Callfomfo
Napa County
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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
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
STATE OF CALIFORNIA
SS
COUNTY OF ALAMEDA
On this _ day of ,200_, before me, , the
undersigned Notary Public, personally appeared CITY
MANAGER OF THE CITY OF DUBLIN, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature, the entity upon behalf of which he acted executed
the instrument.
WITNESS my hand and official seal.
Notary Public, State of California
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FEE ACQUISITION
APN No. 941-0550-010-015
Exhibit "A"
All that real property situate in the City of Dublin, County of Alameda, State of California, being a
portion of Parcell described in that certain document recorded on February 4, 1993 in Document No.
93042092, Alameda County Records, more particularly described as follows:
BEGINNING at the southerly comer of Parcel A, an exception parcel from said Parcell; described in said
document;
Thence along the general southwesterly line of said Parcel A, North 25015'29" West, 28.82 feet to the
TRUE POINT OF BEGINNING of this description;
Thence leaving last said line, North 32049'44" West, 280.74 feet to the southerly line of Parcel. B, an
. exception parcel from said Parcell, described in said document;
. Thence along last said line, South 88046'58" East, 30.32 feet to the general southwesterly line of said
Parcel A;
Thence leaving said southerly line and along last said line the following two (2) courses:
1) South 32048'00" East, 75.00 feet;
2) South 25015'29" East, 190.42 feet to the TRUE POINT OF BEGINNING of this description.
Containing an area of 4,464 square feet, 0.10 acres, more or less.
TOGETHER with a Temporary Construction Easement, to terminate upon completion of construction, for
the purposes and incidents thereto over, under, across and upon a strip of land 8.00 feet in width, starting
at the northerly line of said Parcell, southeasterly and parallel to the parcel described above for distance
of 1.52 feet, thence a strip of land 3.00 feet in width, the northeasterly line of said strip lying contiguous to
the southwesterly line of the above described parcel and extending southeasterly to the Caltrans Right of
Way.
A plat showing the above described parcel and temporary easement is attached hereto and made a part
hereof as Exhibit "B".
This description wa$ prepared by me or under my direction in conformance with the Professional Land
Surveyors Act.
Dated:7V~- ZS; Z-6cJ;/,
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K:\Main\2001\20016002-1 OIlEGAL\RE~T AL_ WORLD.doc
Exhibit "A"
Page 1 of 1
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FEE ACQUI~ON \
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
SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80
OF PARCEL MAPS AT PAGE 29, IS USED AS THE
BASIS OF BEARINGS FOR THIS PLAT.
EASEMENT FOR DOC. NO: 93042092 LEGEND,
\ \ (), APN - ASSESSOR PARCEL NUMBER
\ 0 OR - OFFICIAL RECORDS
~ P.O,B. - POINT OF BEGINNING
\ ~O~ sq. ft. - SQUARE FEET
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PARCEL A
EXCEPTION TO
DOC. NO. 93042092
GRANT DEED TO
STATE OF CALIFORNIA
AND RELEASE OF
ABUTTERS RIGHTS
REEL 1327 IMAGE 66
(AW/157851)
LANDS OF RENTAL WORLD INC.
A SURRENDERED KANSAS CORPORATION
PARCEL 1
DOC, NO. 93042092
APN: 941-0550-010-15
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DETAIL "A"
SCALE 1"=20'
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TEMPORARY
S 88'46'58" E
30.32'
Ikf
4780 CHABOT DRIVE
SUITE 104
PlEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
Sub 'ect EXHIBIT "B" . . .
DU~L1N BLVD.-DOUGHERTY RD. WIDENING
Job No. 20016002
By RL Date 6/25/04 Chkd.CK
SHEET 1 OF 1
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APN: 941-550-10-15
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NO DOCUMENTARY TRANSFER
TAX DUE
RECORDING REQUESTED BY:
The City of Dublin
AND WHEN RECORDED MAIL TO:
City of Dublin
100 Civic Center
Dublin, California 94568
Attn: City Clerk
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 OF TEMPORARY CONSTRUCTION EASEMENT
Andrea G. Stover, formerly Andrea G, Lee, Trustee of the Robert K. Lee Marital Trust ("Grantor")
hereby grants 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
941-550-10-15, 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.
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.
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GRANTOR acknowledges that she has received compensation from City for this 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 Grantor 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:
GRANTOR:
Ad~L ~rJ)~
ANDREA G. STQYER
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Certificate of Acknowledqment
State of ,n~ .;ii iU \
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County of i; I . .
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n this day of i i in.! ,200..::::..., before me, r'(] 1.D!,', Ii . Cu\! ,.
the undersigned Notary Public,'personally appeared ANDREA G. STOVER 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.
J/. '
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L 1. . ..l.0-1;;
Notary Public
KAROLEE WILSON
Commission #I 1528583
Notary Public - CaIifofnIa
Nopa County
MyComm, ExplresNov20.
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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
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
.;
STATE OF CALIFORNIA
SS
COUNTY OF ALAMEDA
On this _ day of , 200_, before me, , the
undersigned Notary Public, personally appeared CITY
MANAGER OF THE CITY OF DUBLIN, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature, the entity upon behalf of which he acted executed
the instrument.
WITNESS my hand and official seal.
Notary Public, State of California
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FEE ACQUISITION
APN No, 941-0550-010-015
Exhibit "A"
All that real property situate in the City of Dublin, County of Alameda, State of California, being a
portion of Parcell described in that certain document recorded on February 4, 1993 in Document No,
93042092, Alameda County Records, more particularly described as follows:
BEGINNING at the southerly comer of Parcel A, an exception parcel from said Parcell; described in said
document;
Thence along the general southwesterly line of said Parcel A, North 25015'29" West, 28.82 feet to the
TRUE POINT OF BEGINNING of this description;
Thence leaving last said line, North 32049'44" West, 280.74 feet to the southerly line of Parcel B, an
exception parcel from said Parcell, described in said document;
. Thence along last said line, South 88046'58" East, 30.32 feet to the general southwesterly line of said
Parcel A;
Thence leaving said southerly line and along last said line the following two (2) courses:
1) South 32048'00" East, 75.00 feet;
2) South 25015'29" East, 190.42 feet to the TRUE POINT OF BEGINNING of this description_
Containing an area of 4,464 square feet, 0,10 acres, more or less.
TOGETHER with a Temporary Construction Easement, to terminate upon completion of construction, for
the purposes and incidents thereto over, under, across and upon a strip of land 8.00 feet in width, starting
at the northerly line of said Parcell, southeasterly and parallel to the parcel described above for distance
of 1.52 feet, thence a strip of land 3.00 feet in width, the northeasterly line of said strip lying contiguous to
the southwesterly line of the above described parcel and extending southeasterly to the Caltrans Right of
Way,
A plat showing the above described parcel and temporary easement is attached hereto 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.
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License Expires 6/30/2004
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FEE ACQUI~ION
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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
SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80
OF PARCEL MAPS AT PAGE 29, IS USED AS THE
BASIS OF BEARINGS FOR THIS PLAT.
EASEMENT FOR DOC. NO: 93042092 LEGEND,
\, (), APN - ASSESSOR PARCEL NUMBER
\ 0 OR - OFFICIAL RECORDS
~ P.O.B. - POINT OF BEGINNING
, ..pO~ sq. ft. - SQUARE FEET
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PARCEL A
EXCEPTION TO
DOC. NO. 93042092
GRANT DEED TO
STATE OF CALIFORNIA
AND RELEASE OF
ABUTfERS RIGHTS
REEL 1327 IMAGE 66
(AW/157851)
LANDS OF RENTAL WORLD INC.
A SURRENDERED KANSAS CORPORA nON
PARCEL 1
DOC, NO. 93042092
APN: 941-0550-010-15
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4780 CHABOT DRIVE
SUITE 104
PlEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
Sub ject EXHIBIT ItBIt .
DUBLIN BLVD.-DOUGHERTY RD. WIDENING
Job No, 20016002
By RL Date 6/25/04 Chkd.CK
SHEET 1 OF 1
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