HomeMy WebLinkAboutReso 146-06 Purchase & Sale 6363to 6451 Scarlett Ct.
RESOLUTION NO. 146 - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING PURCHASE AND SALE AGREEMENT WITH
CRMX-115, INC. AND KBH INVESTMENTS, LLC
FOR THE PURCHASE OF PORTIONS OF PROPERTY IN FEE
LOCATED AT 6363 THROUGH 6451 SCARLETT 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 portions of
property in fee located at 6363 through 6451 Scarlett Court; and
WHEREAS, along with the Grant Deed for the subject portion of 6363 through 6451 Scarlett
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 CRMS-115, Inc. and KBH Investments, 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 Deeds
together with Temporary Construction Easements on behalf of the City as part of the agreement.
PASSED, APPROVED AND ADOPTED this 1st day of August, 2006, by the following vote:
AYES: Council members Hildenbrand, McCormick, Oravetz and Zika, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTESA~ ~
City Clerk
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Reso No. 146-06, Adopted 8/1/06, Item 4.13
Page 1 of 1
PURCHASE AND SALE AGREEMENT
BETWEEN CRMX-1l5, INC., KBH INVESTMENTS, LLC
AND THE CITY OF DUBLIN
THIS AGREEMENT, dated August 1,2006 (the "Effective Date"), is by and among the
City of Dublin, a municipal corporation ("Buyer"), CRMX-115, Inc., a California corporation
. ("CRMX") and KBH Investments LLC, a California limited liability company ("KBH") (CRMX
and KBH are sometimes collectively referred to herein as "Seller").
RECITALS
A. WHEREAS, KBH is the owner of a parcel of real property fronting Dublin
Boulevard and Scarlett Drive in the City of Dublin, County of Alameda (the "County"), State of
California (the "State"), together with any right, title and interest of Seller in and to all easements
and rights-of-way in, on, across, in front of, abutting or adjoining said real property (APN: 941-
0550-012-11 (the "KBH Real Property")
B. WHEREAS, CRMX is the owner of two (2) parcels of real property fronting
Dublin Boulevard and Scarlett Drive in the City of Dublin, County of Alameda (the "County"),
State of California (the "State"), together with any right, title and interest of Seller in and to all
easements and rights-of-way in, on, across, in front of, abutting or adjoining said real property
(APNs: 941-0550-13-04 and 941-0550-014-04) (the "CRMX Real Property");
C. WHEREAS, KBH has leased the entire CRMX Real Property from CRMX
pursuant to a Lease dated January 2006.
D. WHEREAS, KBH is proposing to develop the KBH Real Property and the
CRMX Real Property (collectively referred to hereinafter as the Real Property") and, as a
condition to developing the Real Property, is required to sell, or arrange the sale from CRMX, to
Buyer of those portions of the Real Property described as (i) 3,663 square feet, as described in
Exhibit "A" and depicted in Exhibit "A -1" attached hereto and incorporated herein ("Parcel A"),
. (ii) 3,228 square feet, as described in Exhibit "B" and depicted in Exhibit "B-1" attached hereto
and incorporated herein ("Parcel B"), and (iii) 2,078 square feet, as described in Exhibit "c" and
depicted in Exhibit "C-1" attached hereto and incorporated herein ("Parcel "C"). Parcel A,
Parcel B, and Parcel C shall sometimes be collectively referred to hereinafter as the "Subject
Property";
E. WHEREAS, Buyer desires to purchase the Subject Property for the Buyer's
Capital Improvement Program (CIP) Project Number 96852, Dougherty Road Improvements -
Houston Place to 1-580; and Seller desires to sell the Subject Property to Buyer in accordance
with the terms of this Agreement;
F. . WHEREAS, Buyer owns a parcel of real property (APN: 941-0550-010-20)
adjacent to the Real Property which consists of 1,193 square feet, as more particularly described
in Exhibit "D" and depicted in Exhibit "D-2" (hereinafter "Parcel D");
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G. WHEREAS, KBH desires to purchase Parcel D from Buyer, and Buyer desires to
sell Parcel D to KBH, subject to Buyer's reservation of a Temporary Construction Easement as
more particularly described in Exhibit "D-1" and depicted in Exhibit "D-3" to this Agreement,
and the purchase price for Parcel D shall be $40.65 per square foot.
AGREEMENT
In consideration of the mutual covenants and conditions contained herein and for other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
Seller and Buyer hereby agree as follows:
1. PURCHASE AND SALE; PURCHASE PRICE.
(a) Subiect Property Purchase. Seller agrees to sell to Buyer, and Buyer agrees to
purchase from Seller, the Subject Property upon the terms and conditions set forth in this
Agreement.
(b) Parcel D Purchase. Buyer agrees to sell to KBH, and KBH agrees to purchase
from Buyer, Parcel D upon the terms and conditions set forth in this Agreement.
(c) Subiect Property Purchase Price. The total purchase price for the Subject
Property shall be Two Hundred Sixty-Five Thousand Four Hundred Thirteen Dollars
($265,413.00) (the "Subject Property Purchase Price"), which is calculated as follows:
Parcel A:
Parcel B:
Parcel C:
3,663 sf @ $40.65/sf
3,228 sf @ $22.00/sf
2,078 sf @ $22.00/sf =
TOTAL:
$148,901.00
71,016.00
45.716.00
$265,633.00
(d) Parcel D Purchase Price. The total purchase price for Parcel D shall be Forty-
Eight Thousand Four Hundred Ninety-Five Dollars ($48,495.00), which is calculated by
multiplying the square footage of Parcel D (1,193) by $40.65 per square feet (the "Parcel D
Purchase Price").
(e) Net Purchase Price. The net purchase price payable hereunder by Buyer to Sellers
for the consummation of the transactions contemplated hereunder is Two Hundred Seventeen
Thousand One Hundred and Thirty-Eight Dollars ($217,138.00) (the "Net Purchase Price"). The
Net Purchase Price is payable One Hundred Thousand Four Hundred Six Dollars ($100,406.) to
KBH and One Hundred Sixteen Thousand Seven Hundred and Thirty- Two Dollars
($116,732.00) to CRMX.
2. PAYMENT OF NET PURCHASE PRICE. The Net Purchase Price shall be payable all
in cash upon close of Escrow.
3. ESCROW. On the date that this Agreement is executed by Buyer and Seller, Buyer and
Seller shall cause the opening of escrow (the "Escrow") by delivering a fully-executed copy of
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this Agreement to North American Title Company, 4255 Hopyard Road, Suite 1, Pleasanton, CA
94588, Attn: Pam Thompson, Title Officer ("Escrow Holder"). The parties hereto agree to do
all acts necessary to close Escrow in the shortest possible time. The close of escrow shall occur
within sixty (60) days, or on such other date as the parties hereto mutually agree in writing ("the
Closing Date" of the "Close of Escrow"). Buyer and Seller agree to execute and deliver to
Escrow Holder any additional or supplementary instructions as may be necessary or convenient
as may be necessary to complete this transaction.
4. CONDITION OF TITLE.
(a) Subiect Property. At the Close of Escrow, Seller agrees to convey title to the
Subject Property to Buyer by three grant deeds (one from KBH for Parcel A and two from
CRMX for Parcel B and Parcel C) in the form attached hereto and incorporated herein as Exhibit
"E," "F" and "G" (collectively the "Deeds"), subject to the following matters (collectively,
"Approved Title Conditions"):
(i) 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
(ii) Quasi-public utility, public alley, public street easements, and rights of
way of record.
(iii) All exceptions which are disclosed by the Title Reports (as defined in
Paragraph 5(a), below) which are approved or deemed approved by Buyer
as provided therein.
(iv) Such other liens, encumbrances, reservations and restrictions as may be
approved in writing by the Buyer.
(v) All matters which a correct survey and inspection of the Subject Property
would disclose.
(b) Parcel D. At the Close of Escrow, Buyer agrees to convey Parcel D to KBH by
quitclaim deed, reserving a temporary construction easement over Parcel D, in the form attached
hereto and incorporated herein as Exhibit "H" (the "Parcel D QuitClaim Deed"), subject to the
following matters (collectively, "Parcel D Approved Title Conditions"):
(i) 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
(ii) Quasi-public utility, public alley, public street easements, and rights of
way of record. .
(iii) All exceptions which are disclosed by the Parcel D Title Report (as
defined in Paragraph 5(b ), below) which are Permitted Exceptions as
provided in Paragraph 5(b) below.
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(iv) Such other liens, encumbrances, reservations and restrictions as may be
approved in writing by KBH. .
(v) All matters which a correct survey and inspection of the Subject Property
would disclose.
5. TITLE INSURANCE:
(a) Subject Property.
(i) North American Title Company ("Title Company") has provided Buyer
with its Updated Preliminary Title Reports for the Subject Property (the "Title Reports").
Buyer has reviewed the Title Reports. Buyer and Seller agree the entire amount of the
Assessment Bond by the City of Dublin, under Exception No.4 to APN 941-0550-012-
11 (Parcel A), shall stay with the remainder property. Buyer objects to Exception Nos.
10 and 11 to APN 941-0550-012-11 and the information and documentation necessary to
correct them shall be submitted to the Title Company prior to Closing. Buyer has no
objection to any other of the exceptions to coverage listed therein. Notwithstanding the
foregoing, any mortgage, deed of trust or other monetary lien, other than non-delinquent
real property taxes and assessment liens ("Monetary Disapproved Exceptions"), shall be
eliminated as exceptions to title by Seller on or prior to the Closing Date. At any time
prior to the Close of Escrow, Buyer may obtain updated Title Reports ("Updated Title
Reports"), and shall have five (5) business days after receipt of the Updated Title Report
to object in writing to any new exceptions shown on the report ("Buyer's Objection
Notice"). In the event Buyer fails to object to any new exception shown in the Updated
Title Report within Buyer's Objection Period, any new exceptions on the Updated Title
Report will be deemed approved and part of the Approved Title Conditions. In the event
Buyer delivers Buyer's Objection Notice to Seller within Buyer's Objection Period,
Seller shall have ten (10) days ("Seller's Election Period") to notify Buyer in writing
whether Seller intends to eliminate or ameliorate any such objectionable title matter
("Seller's Election Notice"). If Seller does not deliver Seller's Election Notice within
Seller's Election Period or Seller does not elect to eliminate or ameliorate the
disapproved exceptiones), then Buyer shall have the right, upon delivery to Seller and
Escrow Holder (on or before five (5) days following the expiration of Seller's Election
Period) of a written notice, to either (A) waive its prior disapproval, in which event said
disapproved matters shall be deemed approved, or (B) terminate this Agreement and the
Escrow created pursuant hereto. Failure to take either one of the actions described in
clauses (A) and (B) above shall be deemed to be Buyer's election to take the action
described in clause (A) above
(ii) If, in Seller's Election Notice, Seller has agreed to either eliminate or
ameliorate to Buyer's satisfaction by the Closing Date certain disapproved or
conditionally approved title matters described in Buyer's Objection Notice, but Seller is
unable to do so, then Buyer shall have the right (which shall be Buyer's sole and
exclusive right or remedy for such failure), upon delivery to Seller and Escrow Holder
(on or before one (1) business day prior to the Closing Date) of a written notice to either
(A) waive its prior disapproval, in which event said disapproved matters shall be deemed
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approved, or (B) terminate this Agreement and the Escrow created pursuant hereto.
Failure to take either one of the actions described in clauses (A) and (B) above shall be
deemed to be Buyer's election to take the action described in clause (A) above.
(iii) Seller shall deliver title to the Subject Property at the Close of Escrow
subject only to the Approved Title Conditions.
(iv) At the Close of Escrow, Title Company shall issue its CLTA Owner's
Coverage Form Policy of Title Insurance (the "Title Policy"), with liability in the amount
of the Subject Property Purchase Price, showing title to the Property vested in Buyer,
subject to the Approved Title Conditions.
(v) In the event this Agreement is terminated by Buyer pursuant to the
provisions of this Paragraph 5( a), neither party shall have any further rights or obligations
hereunder, unless such rights or obligations expressly provide that they are to survive the
termination of this Agreement.
(b) Parcel D.
(i) At the sole cost and expense of KBH, KBH may obtain a current
preliminary title report ("Parcel D Title Report") of title to Parcel D. KBH shall have
five (5) business days after receipt of any current Preliminary Title Report to object in
writing to any exceptions shown on the report ("KBH's Objection Notice"). At any time,
prior to the Close of Escrow, Buyer may obtain updated Title Reports ("Updated Title
Reports"), and shall have five (5) business days after receipt of the Updated Title Report
to object in writing to any new exceptions shown on the report ("KBH's Objection
Notice"). In the event KBH fails to object to any exception or new exception shown in
the Preliminary Title Report or Updated Title Report, if any, within KBH's Objection
Period, any exceptions shown on the Preliminary Title Report, or any new exceptions
shown on the Updated Title Report, if any, will be deemed approved and part of the
Approved Title Conditions. In the event KBH delivers KBH's Objection Notice to Buyer
within KBH's Objection Period, Buyer shall have ten (10) days ("Buyer's Election
Period") to notify KBH in writing whether Buyer intends to eliminate or ameliorate any
such objectionable title matter ("Buyer's Election Notice"). . If Buyer does not deliver
Buyer's Election Notice within Buyer's Election Period or Buyer does not elect to
eliminate or ameliorate the disapproved exceptiones), then KHH shall have the right upon
delivery to Buyer and Escrow Holder (on or before five (5) days following the expiration
ofKBH's Election Period) of a written notice, to either (A) waive its prior disapproval, in
which event said disapproved maters shall be deemed approved, or (B) terminate this
Agreement and the Escrow created pursuant hereto. Failure to take either one of these
actions described in caluses (A) and (B) above shall be deemed to be Buyer's election to
take the action described in clause (A) above.
(ii) If, in Buyer's Election Notice, Buyer has agreed to either eliminate or
ameliorate to KBH's satisfaction by the Closing Date certain disapproved or
conditionally approved title matters described in KBH's Objection Notice, but Buyer is
unable to do so, then KBH shall have the right (which shall be KBH's sole and exclusive
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right or remedy for such failure), upon delivery to Buyer and Escrow Holder (on or
before one (1) business day prior to the Closing Date) of a written notice to either (A)
waive its prior disapproval, in which event said Disapproved Exceptions shall be deemed
approved, or (B) terminate this Agreement and the Escrow created pursuant hereto.
Failure to take either one of the actions described in clauses (A) and (B) above shall be
deemed to be Seller's election to take the action described in clause (A) above.
(iii) Buyer shall deliver title to Parcel D at the Close of Escrow subject only to
the Parcel D Approved Title Conditions.
(iv) KBH may, at its option and cost, obtain title insurance on Parcel D. At the
Close of Escrow, Title Company shall issue its CLTA Owner's Coverage Form Policy of
Title Insurance (the "Parcel D Title Policy"), with liability in the amount of the Parcel D
Purchase Price, showing title to Parcel D vested in KBH, subject only to the Parcel D
Approved Title Conditions.
(v) In the event this Agreement is terminated by KBH pursuant to the
provisions of this Paragraph 5(b ), neither party shall have any further rights or obligations
hereunder, unless such rights or obligations expressly provide that they are to survive the
termination of this Agreement.
...
6. RIGHT OF WAY IMPROVEMENTS.
(a) In the event that the Seller pulls a building permit for the project approved for Site
Development Review by Planning Commission Resolution No. 05-17 (P A 04-009) prior to the
Buyer/City's award of a contract for construction of CIP Project No. 96852, KBH Investments,
LLC shall construct street improvements along the Dublin Boulevard frontage of the site and
widen the Dublin Boulevard to accommodate Dublin/Dougherty intersection improvements per
the City's Capital Improvement Project No. 96852. Street improvements shall include curb &
gutter, sidewalk, bus turnout, pavement widening, drainage, utilities relocations, landscaping,
traffic signage & pavement markings, and street lighting (if necessary). Buyer/City shall provide
a credit against Downtown Dublin Traffic Impact Fee for the project for any public frontage
improveme:rIts per Buyer/City's Administrative Guidelines for Downtown Traffic Impact Fees
(Resolution No. 210-04).
(b) All such improvements shall be completed by KBH Investments, LLC, prior to .
October 1, 2006, and shall comply with all the conditions and exceptions set forth in the
Improvement Agreement entered il1to and between the City of Dublin and KBH.
7 KBH'S ACCESS. Until this Agreement is terminated or otherwise expires, Buyer grants
to KBH and KBH's agents, employees and consultants a nonexclusive license to enter upon
Parcel D for the purpose of allowing KBH to conduct whatever soil and engineering tests,
feasibility studies, surveys and other examinations of Parcel D KBH deems appropriate upon
prior notice to and approval by the Buyer, which approval shall not be unreasonably withheld or
delayed.
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8. DELIVERIES TO ESCROW HOLDER
(a) Bv Seller. Seller hereby covenants and agrees to deliver or cause to be delivered
to Escrow Holder at least one (1) business day prior to the Closing Date the following
instruments and documents, the delivery of each of which shall be a condition to the performance
by Buyer of its obligations under the terms of this Agreement:
.,
(i) The' Deeds. The Deeds, duly executed and acknowledged In
recordable form by each party constituting Seller, conveying the Subject Property to Buyer.
(ii) Non-Foreign Certification. A non-foreign certification duly
executed by each party constituting Seller under penalty of perjury in the form required under the
Internal Revenue Code of 1986, as amended ("FIRPT A Certificate").
(iii) Seller's State Tax Withholding Certificate. A Real Estate
Withholding Exemption Certificate as required by California Revenue and Taxation Code by
each party constituting Seller (Form 593-C) ("State Withholding Certificate").
(b) Bv Buyer. Buyer hereby covenants and agrees to deliver or cause to be delivered
to Escrow Holder at least one (1) business day prior to the Closing Date the following
instruments and documents, the delivery of each of which shall be a condition to the Close of
Escrow.
(i) Net Purchase Price. The Net Purchase Price In immediately
available funds.
(ii) Parcel D Ouitclaim Deed. The Parcel D Quitclaim Deed duly
executed and acknowledged in recordable form by Buyer, conveying Parcel D to Buyer.
(c) Closing Costs. Buyer and Seller each shall pay their own attorney's fees in
connection with negotiating this Agreement and closing the Escrow. Buyer shall pay recording
costs, if any, escrow fees, the title insurance premium, and any documentary transfer taxes for
the Subject Property. Seller shall pay recording costs, if any, escrow fees, the title insurance
premium, and any documentary transfer taxes for Parcel D.
9. . CONDITIONS TO CLOSING.
(a) Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation
to purchase the Subject Property are subject to the satisfaction of the following conditions or
Buyer's written waiver of such conditions on or before the Closing Date:
(i) Seller shall have performed all obligations to be performed by Seller
pursuant to this Agreement prior to the Closing Date.
(ii) Seller's representations and warranties set forth herein shall be true and
correct as of the Closing Date.
(iii) The Title Company shall be committed to issue the Subject Property Title
Policy to Buyer effective as of the Closing Date.
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(iv) Between the Effective Date and the Closing Date, there shall have been no
material adverse changes in the condition, status or fitness of the Subject Property for Buyer's
intended use or in the facts or circumstances concerning the Subject Property.
Buyer may waive in writing any or all of such conditions in its sole and absolute discretion.
(b) Conditions to Seller's Obligations. The Close of Escrow and Seller's obligation
to purchase Parcel D are subject to the satisfaction of the following conditions or Seller's written
waiver of such conditions on or before the Closing Date:
(i) Buyer shall have performed all obligations to be performed by Buyer
pursuant to this Agreement prior to the Closing Date
(ii) The Title Company shall be committed to issue the Parcel D Title Policy
to KBH effective as of the Closing Date.
(iii) Buyer's representations and warranties set forth herein shall be true and
correct as of the Closing Date.
(iv) Between the Effective Date and the Closing Date, there shall have been no
material adverse changes in the condition, status or fitness of Parcel D for KBH's intended use or
in the facts or circumstances concerning Parcel D.
Seller may waive in writing any or all of such conditions in its sole and absolute discretion.
10. DELIVERY OF EXCLUSIVE POSSESSION. Seller shall deliver exclusive possession
of the Subject Property to Buyer at the Closing and Buyer shall deliver exclusive possession
(subject only to the temporary construction easement described in the Parcel D Quitclaim Deed)
of Parcel D to KBH at the Closing.
11. INDEMNITY AND HOLD-HARMLESS CLAUSE RELATING TO CLAIMS BY
TENANTS: By operation oflaw (California Code of Civil Procedure section 1265.110, et seq.),
all Leases shall terminate with regard to the Subject Property acquired by Buyer under threat of
eminent domain. Seller agrees to indemnify and hold Buyer harmless against any and all claims
arising outofthis Agreement which may be made or brought against Buyer pursuant to the terms
of the leases. Said claims may include, but are not limited to: (a) claims for compensation
arising out of Buyer's purchase of the Subject Property which is subject to the Leases, and (b)
claims for breach of any of the Leases. Seller is expressly responsible for the defense of any
such claims.
12. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller
hereby warrants, represents, and/or covenants to Buyer:
(a) Seller has not alienated, encumbered, transferred, optioned, leased, assigned,
transferred or otherwise conveyed its interest or any portion of its interest in the Subject Property
or any portion thereof except as set forth in the Title Report, nor has Buyer entered into any
agreement (other than this Agreement) so to do.
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(b) This Agreement constitutes the legal, valid and binding obligation of Seller
enforceable against Seller in accordance with its terms, except to the extent that such
enforcement may be limited by principles relating to or limiting the rights of contracting parties
generally. Neither this Agreement nor the consummation of any of the transactions
contemplated hereby violates or shall violate any provision of any agreement or document to
which Seller is a party or to which Seller is bound. No consent from any third party, other than
Seller's lender, is required before the Subject Parcel may be conveyed to Buyer.
(c) To the best of Seller's knowledge, other than certain environmental conditions
disclosed to Buyer that have been partially remediated by CRMX's predecessor in interest on the
CRMX Real Property, there are no actions, suits, material claims, legal proceedings, or any other
proceedings affecting the Subject Property or any portion thereof, at law, or in equity before any
court or governmental agency, domestic or foreign.
(d) Until the closing, Seller shall maintain the Subject 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 Subject Property.
(e) Until the Closing Date, Seller shall not do anything which would impair Seller's
title to the Subject Property.
(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
the Subject 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 herein not to be true as of the Closing Date,
immediately give written notice of such fact or condition to Buyer.
(h) Seller is not in default under, and Seller has received no notice that any event has
occurred which with the giving of notice or the passage of time, or both, would constitute a
default under any contract, transaction, agreement, covenant, condition, restriction, lease,
easement, encumbrance or instrument pertaining to the Subject Property.
(i) Seller's materials delivered to Buyer in connection with the purchase and sale of
the Subject Property are all of the documents or agreements affecting the Subject Property in
Buyer's possession or control or to which Buyer has reasonable access.
13 . REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer hereby represents,
warrants and/or covenants to Seller that:
(a) Buyer has not alienated, encumbered, transferred, optioned, leased, assigned,
transferred or otherwise conveyed its interest or any portion of its interest in Parcel D or any
portion thereof except as set forth in the Preliminary Report, nor has Buyer entered into any
agreement (other than this Agreement) so to do:
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(b) This Agreement constitutes the legal, valid and binding obligation of Buyer
enforceable against Buyer in accordance with its terms, except to the extent that such
enforcement may be limited by principles relating to or limiting the rights of contracting parties
generally. Neither this Agreement nor the consummation of any of the transactions
contemplated hereby violates or shall violate any provision of any agreement or document to
which Buyer is a party or to which Buyer is bound. No consent from any third party is required
before Parcel D may be conveyed to Seller.
(c) To the best of Buyer's knowledge, there are no actions, suits, material claims,
legal proceedings, or any other proceedings affecting Parcel D or any portion thereof, at law, or
in equity before any court or governmental agency, domestic or foreign.
(d) Until the closing, Buyer shall maintain Parcel D 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 Parcel D.
(e) Until the Closing Date, Buyer shall not do anything which would impair Buyer's
title to Parcel D.
(f) To the best of Buyer'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
Parcel D may be bound.
(g) Until the closing, Buyer shall, upon learning of any fact or condition which would
cause any of the warranties and representations herein not to be true as of the Closing Date,
immediately give written notice of such fact or condition to Seller.
(h) Buyer is not in default under, and Buyer has received no notice that any event has
occurred which with the giving of notice or the passage of time, or both, would constitute a
default under any contract, transaction, agreement, covenant, condition, restriction, lease,
easement, encumbrance or instrument pertaining to Parcel D.
(i) Buyer's materials delivered to KBH in connection with the purchase and sale of
Parcel D are all of the documents or agreements affecting Parcel D in Buyer's possession or
control or to which Buyer has reasonable access.
14. PRORATIONS.
(a) General. All real property taxes and operating expenses, if any, affecting the
Subject Property or Parcel D shall be prorated as of 11 :59 p.m. on the day preceding the Close of
Escrow on an accrual basis. For purposes of calculating prorations, Buyer shall be deemed to be
in title to the Subject Property, and therefore entitled to the income and responsible for the
expenses related thereto, for the entire day upon which the Close of Escrow occurs. KBH shall
be deemed to be in title to Parcel D, and therefore entitled to the income and responsible for the
expenses related thereto, for the entire day upon which the Close of Escrow occurs.
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(b) Taxes and Assessments. All non-delinquent real estate taxes and assessments on
the Subject Property, (except the Assessment Bond by the City of Dublin, Exception No.4, on
APN 941-0550-012-11, which shall stay with the remainder property), and Parcel D shall be
prorated based on the actual current tax bill.
( c) Method of Proration. All prorations shall be made in accordance with customary
practice in the County, except as expressly provided herein. At least three (3) business days
prior to the Closing Date, Escrow Holder shall deliver to Seller and Buyers a tentative proration
schedule setting forth a preliminary determination of prorations. Any taxes which have been
paid by Seller, prior to the 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, if any. The refund would apply to the period after Buyer's
acquisition, pursuant to Revenue and Taxation Code Section 5096.7. Any unpaid delinquent
taxes and/or penalties and interest thereon, and any delinquent or non-delinquent assessments or
bonds against the Subject Property shall be paid by and charged to Seller. If any information
needed for the proration of any item is not available, the parties hereto shall re-prorate such item
after the Close of Escrow and payment shall be made promptly to the party entitled thereto.
15. DISBURSEMENTS AND OTHER ACTIONS BY ESCROW HOLDER.
At the Close of Escrow, Escrow Holder shall promptly undertake all of the following in
the manner indicated below:
(a) Recording. Cause the Deeds, the Parcel D Quitclaim Deed, and any other
documents which the parties hereto may mutually direct to be recorded in the Official Records of
the County ("Official Records") and obtain conformed copies thereof for distribution to Buyer
and Seller.
(b) Deliver Copv of Deeds. Deliver one (1) certified copy of each of the recorded
Deeds to Seller and to Buyer.
(c) Payment of Funds. After payment ofthe Escrow Fees, Title Policy Fees and other
Closing Costs from funds deposited by Buyer, pay to Seller the funds in Escrow equal to the Net
Purchase Price, reduced only by the Seller's share of closing costs and prorations, as set forth in
this Agreement.
.,
(d)
to Buyer.
Title Policy. Direct the Title Company to issue the Subject Property Title Policy
(e) Parcel D Title Policy. Direct the Title Company to issue the Parcel D Title Policy
to KBH should KBH elect to purchase title insurance.
(f) Disbursement of Documents to Buver. Disburse to Buyer originals of the
FIRPT A Certificate and the State Withholding Certificate and any other documents (or copies
thereof) deposited into Escrow by Seller which are to be delivered to Buyer.
(g) Disbursement of Documents to Seller. Disburse to Seller originals of any
documents (or copies thereof) deposited into Escrow by Buyer which are to be delivered to
Seller.
11
16. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. Except as expressly
provided otherwise in this Agreement, it is understood and agreed that neither Buyer nor Seller
nor any of their agents, employees or contractors has made and is not now making, and Seller
and Buyer have not relied upon and will not rely upon (directly or indirectly), any warranties,
representations or guaranties of any kind or character, express or implied, oral or written, past,
present or future, with respect to the Subject Property and Parcel D (hereinafter in this paragraph
referred to as "property"), including, but not limited to, warranties, representations or guaranties
as to (i) matters of title (other than Seller's warranty oftitle set forth in the Deeds to be delivered
pursuant to this Agreement), (ii) environmental matters relating to the property or any portion
thereof, (iii) geological conditions, including, without limitation, subsidence, subsurface
conditions, water table, underground water reservoirs, limitations regarding the withdrawal of
water and earthquake faults and the resulting damage of past and/or future earthquakes, (iv)
whether, and to the extent to which, the property or any portion thereof are affected by any
stream (surface or underground), body of water, flood prone area, flood plain, floodway or
special flood hazard, (v) drainage, (vi) soil conditions, including the existence of instability, past
soil repairs, soil additions or conditions of soil fill, or susceptibility to landslides, or the
sufficiency of any undershoring, (vii) zoning to which the property or any portion thereof may be
subject, (viii) the availability of any utilities to the property or any portion thereof including,
without limitation, water, sewage, gas and electric, (ix) usages of adjoining prpperty, (x) access
to the property or any portion thereof, (xi) the value, compliance with the plans and
specifications, size, location, age, use, design, quality, descriptions, suitability, structural
integrity, operation, title to, or physical or financial condition of the property or any portion
thereof, (xii) any income, expenses, charges, liens, encumbrances, rights or claims on or
affecting or pertaining to the property or any part thereof, (xiii) the presence of Hazardous
Substances (as defined below) in or on, under or in the vicinity of the property, (xiv) the
condition or use of the property or compliance of the property with any or all past, present or
future federal, state or local ordinances, rules, regulations or laws, building, fire or zoning
ordinances, codes or other similar laws, (xv) the existence or non-existence of underground
storage tanks, (xvi) any other matter affecting the stability or integrity of the property, (xvii) the
potential for further development of the property, or (xviii) the existence of vested land use,
zoning or building entitlements affecting the property. Seller and Buyer further acknowledge
that any information of any type which Seller or Buyer has received or may receive from each
other or any of the other party's agents, employees or contractors is furnished on the express
condition that each shall make an independent verification of the accuracy of such information,
all such information being furnished without any representation or warranty whatsoever.
17. SALE "AS IS". Seller and Buyer represent that they are knowledgeable,
experienced and sophisticated buyers of real estate and that they have relied and shall rely solely
on (i) their own expertise and that of their own consultants in purchasing Parcel D and the
Subject Property, respectively, and (ii) their knowledge of the property each is purchasing is
based on their own investigations and inspections. Seller and Buyer have conducted, or by the
Close of Escrow will conduct, such inspections and investigations they deemed or shall deem
necessary, including, but not limited to, the physical and environmental conditions thereof, and
shall rely upon same. Seller and Buyer shall assume the risk that adverse matters, including, but
not limited to, adverse physical and environmental conditions, may not have been revealed by
such inspections and investigations. Seller and Buyer acknowledge and agree that, each shall
sell and convey to the other and each shall accept the property "AS IS, WHERE IS," WITH ALL
F AUL TS AND DEFECTS (latent and apparent).
12
18. NO ORAL AGREEMENTS. Seller and Buyer further acknowledge and agree that there
are no oral agreements, warranties or representations, collateral to or affecting Parcel D or the
Subject Property made by Buyer or Seller, their agents, employees or contractors. The terms and
conditions of this Paragraph 18 shall expressly survive the Close of Escrow and not merge with
the delivery and recordation of the Deeds or the Parcel D Quitclaim Deed. Buyer and Seller are
not liable or bound in any manner by any oral or written statements, representations, or
information pertaining to Parcel D or the Subject Property furnished by Buyer or Seller,
respectively, or any real estate broker, contractor, agent, employee, servant or other person,
unless the same are specifically set forth in this Agreement. Seller and Buyer acknowledge that
the Purchase Price reflects the "as is, where is" nature of this sale and any faults, liabilities,
defects or other adverse matters that may be associated with the properties at issue. Seller and
Buyer have fully reviewed the disclaimers and waivers set forth in this Agreement with their
counsel and understand the significance and effect thereof.
19. SURVIVAL. The disclaimers, representations, agreements, waivers, and releases by
Buyer contained in this Paragraphs 16 through 19, above, shall survive the Close of Escrow and
the recordation of the Grant Deeds of Parcels A, B and C and the Parcel D Quitclaim Deed and
shall not be deemed merged into the Grant Deeds and/or the Parcel D Quitclaim Deed upon their
recordation.
20. PERMISSION TO ENTER ON PREMISES.
(a) Subject to Paragraph 17(b), below, Seller hereby grants to Buyer, or its authorized
agents, permission to enter upon the Subject Property at all reasonable times prior to the 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 Subject Property is
being purchased. .
(b) As a material part of the consideration for this Agreement, Buyer hereby agrees to
indemnify, protect, defend and hold Seller harmless from and against any loss,
damage, injury, accident, fire or other casualty, liability, claim, cost or expense
(including but not limited to actual attorneys' fees) of any kind or character to any
person or property arising from, caused by or related to (i) any use of the Subject
Property by Buyer or Buyer's contractor's agents or representatives, or (ii) any
bodily injury, property damage, accident, fire or other casualty on the Subject
Property caused by the entry or activities of Buyer prior to the Close of Escrow.
The provisions of this Paragraph 21 (b) shall survive any termination of this
Agreement.
(c) Upon the Close of Escrow, the Buyer grants to Seller, or its authorized agents,
permission to enter upon the Subject Property at all reasonable times prior to
August 1, 2006 for the purpose of construction the street improvements referred
to in Paragraph 6 above and set forth in the separate "Improvement Agreement"
entered into between the parties.
13
21. . CLOSING STATEMENT. Each party instructs Escrow Holder to release a copy of such
parties closing statement to the other party (Buyer statement to be sent c/o Melissa Morton, City
of Dublin, 100 Civic Plaza, Dublin, California 94568), the purpose being to ascertain if any
reimbursements are due such party.
22. CONDEMNA nON AND DESTRUCTION.
Loss or damage to the Subject Property or any improvements thereon, by fire or other
casualty, occurring prior to the recordation of the Deed of the Subject Property shall be at the
risk of Seller. In the event that loss or damage to the Subject property or any improvements
thereon, by fire or other casualty, occurs prior to the recordation of the Deed, Buyer may elect to
require that Seller pay to Buyer the proceeds of any insurance which may become payable to
Seller by reason thereof.
Loss or damage to Parcel D or any improvements thereon, by fire or other casualty,
occurring prior to the recordation of the Quitclaim Deed of Parcel D shall be at the risk of Buyer.
In the event that loss or damage to Parcel D or any improvements thereon, by fire or other
casualty, occurs prior to the recordation of the Quitclaim Deed of Parcel D, Seller may elect to
require that Buyer pay to Seller the proceeds of any insurance which may become payable to
Buyer by reason thereof.
23. 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.
24. NOTICES. Notices and other deliveries pursuant to this Agreement may be delivered by
private messenger service, mail, overnight courier or delivery service, or facsimile. Any notice
or document required or permitted to be delivered by either party shall be in writing and shall be
deemed to be given on the date received by (or on the date receipt was refused by) the party;
provided, however, that all notices and documents (i) mailed to a party in the United States Mail,
postage prepaid, certified mail, return receipt requested, shall be deemed to have been received 3
days after mailing; or (ii) delivered by overnight courier or delivery service shall be deemed
received the next business day after deposit with a reputable overnight courier or delivery service
for overnight delivery. The address of the parties shall for all purposes be the following, unless
otherwise changed by the party by notice to the other as provided in this subparagraph:
TO BUYER:
City of Dublin
Attn: Richard C. Ambrose
100 Civic Plaza
Dublin, CA 94568
FAX: 925-829-9248
WITH A COPY TO:
Meyers, Nave, Riback, Silver & Wilson
555 12th Street, Suite 1500
Oakland, CA 94607
FAX: 510-808-2000
Attn: Elizabeth Silver
14
TO SELLER:
KBH Investments LLC
385 Castle Crest Road
Alamo, CA 94507
FAX: 925-833-8669
Attn: Kenneth C. Harvey
WITH A COPY TO:
Greenan, Peffer, Sallander & Lally LLP
6111 Bollinger Canyon Road, Suite 500
San Ramon, California 94583-0010
FAX: 925-830-8787
Attn: H. Ray Peffer, Esq.
Notice of change of address shall be given by written notice in the manner detailed in this
Paragraph 24.
25. MISCELLANEOUS.
(a) Entire Agreement. This Agreement (including all Exhibits attached hereto) is the
final expression of and contains the entire agreement between, the parties with respect to the
subject matter hereof and supersedes all prior understandings with respect thereto. This
Agreement may not be modified, changed, supplemented or terminated, nor may any obligations
hereunder be waived, except by written instrument signed by the party to be charged or by its
agent duly authorized in writing or as otherwise expressly permitted herein. The parties do not
intend to confer any benefit hereunder on any person, firm or corporation other than the parties
hereto
(b) Partial Invalidity. If any term or provision of this Agreement or the application
thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to persons or
circumstances other than those as to which it is held invalid or unenforceable, shall not be
affected thereby, and each such term and provision of this Agreement shall be valid and be
enforced to the fullest extent permitted by law.
(c) Waivers. No waiver of any breach of any covenant or provision herein contained
shall be deemed a waiver of any preceding or succeeding breach thereof, or of any other
covenant or provision herein contained. No extension of time for performance of any obligation
or act shall be deemed an extension of the time for performance of any other obligation or act.
(d) Survival of Representations, Limitation of Seller's Liability. The covenants,
agreements, representations and warranties made herein shall survive the Close of Escrow and
shall not merge into the Deeds or the Parcel D Grant Deed and the recordation thereof in the
Official Records; provided, that Buyer must give Seller written notice of any claim it may have
against Seller for a breach of any Seller representation or warranty, or for breach of any
covenants of Seller contained in this Agreement, within twelve (12) months after the Close of
Escrow. Any claim which Buyer may have at any time, whether known or unknown, which is
not asserted within such twelve (12) month period shall not be valid or effective, and Seller shall
have no liability with respect thereto. Without limiting the foregoing, in no event shall Seller's.
15
liability for any or all breaches of this Agreement or the representations and warranties provided
hereunder exceed, in the aggregate, the Net Purchase Price. The provisions of this Paragraph
25( d) shall survive the Closing.
(e) Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the permitted successors and assigns of the parties hereto.
(f) Professional Fees. In the event of the bringing of any action or suit by a party
hereto against another party hereunder by reason of any breach of any of the covenants,
agreements or provisions on the part of the other party arising out of this Agreement, then in that
event the prevailing party shall be entitled to have and recover of and from the other party all
costs and expenses of the action or suit, including reasonable attorneys' fees, accounting and
engineering fees, and any other professional fees resulting therefrom.
..,
(g) Time of Essence. Seller and Buyer hereby acknowledge and agree that time is
strictly of the essence with respect to each and every term, condition, obligation and provision
hereof and that failure to timely perform any of the terms, conditions, obligations or provisions
hereof by either party shall constitute a material breach of and a non-curable (but waivable)
default under this Agreement by the party so failing to perform.
. (h) Construction. Headings at the beginning of each paragraph and subparagraph are
solely for the convenience of the parties and are not a part of the Agreement. Whenever required
by the context of this Agreement, the singular shall include the plural and the masculine shall
include the feminine and vice versa. This Agreement shall not be construed as if it had been
prepared by one of the parties, but rather as if both parties had prepared the same. Unless
otherwise indicated, all references to paragraphs and subparagraphs are to this Agreement. All
exhibits referred to in this Agreement are attached and incorporated by this reference. In the
event the date on which Buyer or Seller is required to take any action under the terms of this
Agreement is not a business day, the action shall be taken on the next succeeding business day.
(i) Governing Law; Consent to Jurisdiction. The parties hereto acknowledge that this
Agreement has been negotiated and entered into in the State. The parties hereto expressly agree
that this Agfeement shall be governed by, interpreted under, and construed and enforced in
accordance with the laws of the State. The parties hereto agree that any legal action or
proceeding brought by either party hereto and arising from or in connection with this Agreement
or any breach hereunder shall be brought in the California Superior Court for the County of
Alameda.
G) Counterparts. This Agreement may be executed in counterparts, all of which
when taken together shall constitute one complete instrument.
(k) Mutual Contribution. Both parties to this Agreement have been represented by
separate and independent legal counsel in the negotiation and preparation of this Agreement.
This Agreement has been drafted on the basis of the parties' mutual contributions of language
and the Agreement is not to be construed against any party as being the drafter of this
Agreement.
16
-,
[Signatures Only on Following Page]
.,
17
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date
hereinabove written.
"BUYER"
CITY OF DUBLIN
By
ATTEST
By:4n~
,
RECOMMENDED FOR APPROVAL:
MEYERS, NAVE, RIBACK, SILVER & WILSON
BYC'~'~
CLAUDIA J. RH
Attorneys for CITY OF DUBLIN
"SELLER"
KBH
KBH INVESTMEN
a California limite .
By:
KENN
"SELLER"
CRMX
CRMX-115, Inc.,
a California corporation
By:
RALPH B. BUNJE, JR.
Executive Vice President
.,
18
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date
hereinabove written.
"BUYER"
CITY OF DUBLIN
By
JANET LOCKHART, Mayor
ATTEST
By
RECOMMENDED FOR APPROVAL:
MEYERS, NAVE, RIBACK, SILVER & WILSON
By
CLAUDIAJ. GORHAM
Attorneys for CITY OF DUBLIN
"SELLER"
KBH
KBH INVESTMENTS, LLC,
a California limited liability company
By:
KENNTH C. HARVEY, Manager
"SELLER"
CRMX
CRMX-115, Inc.,
:~ali~~
RALPH B. BUNJE, JR.
Executive Vice President .
-
18 It-.
ACCEPTANCE OF ESCROW HOLDER
The undersigned hereby acknowledges that it has received a fully executed counterpart of
the foregoing Agreement and agrees to act as escrow holder under the Agreement and to be
bound by and perform the terms thereof as such terms apply to escrow holder.
North American Title Company
By:
Escrow No.
Name: Pam Thompson
"
Title: Title Officer
Date:
19
..,
EXHIBIT" A"
LEGAL DESCRIPTION OF PARCEL A
20
._FEE ACQUISITION
APN No. 941-0550-012-11
Exhibit "A"
All that real property situate in the City of Dublin, County of Alameda, State of California, being
a portion of the parcel described in that certain document recorded on November 23, 1988 in
Document No. 88-300237, Alameda County Records, more particularly described as follows:
BEGINNING at the intersection of the westerly line of first said parcel with the southeasterly line
of Parcel B-2, as said parcel is described in that certain document recorded on September 28, 1992
in Document No. 92-313601;said county records; .
Thence along said southeasterly line, North 57011 '33" East, 110.25 feet to the beginning of a non
tangent curve to the right having a radius of 697.42 feet, from which point a radial line bears South
33000'36" East;
Thence continuing along said southeasterly line, along said curve through a central angle of
10011' 49", for an arc length of 124.12 feet to the easterly line of first said parcel;
Thence leaving said southeasterly line, and along last said line~ South 01012'59" West, 21.80 feet
to the beginning of a non tangent curve to the left having a radius of 1400.00 feet, from which
point a radial line bears South 23~51 '08" East;
Thence leaving said easterly line, along said curve through a central angle of 9000' 46", for an arc
length of 220.22 feet;
Thence South 57008'06" West, 10.05 feet to said westerly'line of first said parcel;
Thence along last said line, North 01012' 59" East, 13.99 feet the POINT OF BEGINNING of this
description.
Containing an area of 3,663 square feet, 0.08 acres, more or less.
TOGETHER with a Temporary Construction Easement, to terminate upon completion of
construction, for the purposes and incidents thereto over, across and upon a strip of land 10 feet in
width, the northwesterly line of said strip lying contiguous to the southeasterly line of the above
described parcel.
Exhibit "AI!
Page 1 of 2
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.
~~
Billy M tn, LS 5797
License Expires 6/3012004
K:\Main\200112OO16002.10\l.EGALINOHR,doc
Dated: JvVl( 2...~ J.<J6-1-
Exhibit "A"
Page 2 of 2
EXHmIT "A-I"
DEPICTION OF PARCEL A
..
"
21
. LEGEND
APN - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
sq. ft. - SQUARE FEET .
/
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
SEPTEMBER 28, 1973 AND RECORDED ~ BOOK 80
OF PARCEL MAPS AT PAGE 29. IS USED AS THE
BASIS OF BEARINGS FOR THIS PLAT.
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. O~v. PARCEL B-2
/' ~ <9 DOC 92-313601
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LANDS OF 0, MICHAEL NOHR
88-300237
APN: 941-550-012-11
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L2
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LINE TABLE
BEARING
S 0112'59" W
S 57'08'06" W
N 0112'59" E
LENGTH
21.80'
10.05'
13.99'
REFERENCES
CD 18 M 90-91
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4780 CHABOT DRIVE
SUITE 104
PlEASANTON. CA 94588
925-396-7700
925-396-7799 (FAX)
Sub.'ect EXHIBIT "A-I"
DU~L1N BLVD.-DOUGHERTY RD. WIDENING
Job No. 20016002
By RL Date 6/25/04. Chkd.CK
SHEET 1 OF 1
Ell
K.'\SurIll\.0i6QllZ'Jlwll\l>lo:ts\.NOHR.tl1t1l 6fZ3l2ll04 3'24.47 PM PDT
EXHIBIT "B"
LEGAL DESCRIPTION OF PARCEL B
~
22
FEE ACQUISITION
APN No. 941-0550-013-04
EXHIBIT "B" '
All that real property situate in the City of Dublin, County of Alameda, State of California,
described as follows: .
BEING a portion of PARCEL ONE, as said parcel is described in that certain document recorded
on January 13, 2006 in Document No. 2006017634, Official Records, Alameda County Records,
more particularly described as follows:
BEGINNING at intersection of the westerly line of saidP ARCEL ONE with the southerly line of
Parcel C-1, as said parcel is described in that certain document recorded on May 21, 1992 in
Document No. 92202093, Official Records, said county records; .
Thence along the southerly line of last said parcel, North 67015'56" East 1.41 feet to the beginning
of a non tangent curve to the right having a radius of 945.00 feet, to which point a radia1line bears
North 22029'59" West;
Thence continuing along said southerly line, along said curve through a central angle of
12002'22", for an arc length of 198.57 feet to the southeast corner oflast said parcel, .a1so being a
point on the easterly line of first said parcel;
Thence leaving said southerly line and along said easterly line, South 01012'59" West, 10.04 feet
to the beginning of a non tangent curve to the left, having a radius of 70;00 feet, to which point a
radial line bears North 14042' 16" West;
Thence leaving said easterly line and along said curve through a central angle of 00051 '09", an arc
length of 1.04 feet to the beginning of a compound curve having a radius of 1400.00 feet; ,
, .
Thence along said curve, through a central angle of 08017'36", an arc length of 202.64 feet to said
westerly line of PARCEL ONE; -
Thence along said line, North 01012'59" East, 21.80 feet to the POINT OF BEGINNING of this
description.
Containing an area of 3,228 square feet, 0.07 acres, more or less.
TOGETHER with a Temporary Construction Easement, to terminate upon completion of
construction, for the pUrposes and incidents thereto over, across and upon a strip of land 10 feet in
width, the northwesterly line of said strip lying contiguous to the southeasterly line of the above
described parceL
EXHIBIT "B"
Page 1 of 2
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.
*
~~~
Randall L. Heiken, LS 5756
License Expires 6/30/2006 .
K.~Main\2001\2001 eo02.101LEGAlIDOLAN_BJCAMX.115},doc
EXHIBIT "B"
Page 2 of 2
Co, ,,=' ' O~
Date
EXHIBIT "B-1"
DEPICTION OF PARCEL B
~
',"
.,
23
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" RLED 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.
LEGEND
APN - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
sq. ft. - SQUARE FEET
PARCEL - C-1
DOC. NO. 92202093
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P.O.B.
FEE ACQUISITION
3.228 sq. ft. :t:
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LANDS OF \
CRMX-115, INC.
A CALIFORNIA CORPORATION
PARCEL ONE "
DOC. NO. 2006017634
APN: 941-0550-013-04. .
LINE TABLE
BEARING
N 6715'56" E
S 0112'59" W
N 0112'59" E
LINE
L1
L2
L3
LENGTH
1.41'
10.04'
21.80'
CURVE
C1
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BkF
4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94588
925-396...., 7700
925-396-7799 (FAX)
Subject EXHIBIT "B-1"
DUBL IN BLVD. -DOUGHERTY RD. WI DEN I NG
Job No. 20016002
By RL Date 06/15/06 Chkd.RLH
SHEET 1 OF 1
E_ ,1IIIVu.JP..-
K'\Su,..QI\016Oll2~Q\Dlo..ts:\JlIJLAN !l (CRMJ(-115),clwa &/15/2006 3102.01 PM PDT
EXHIBIT "C"
LEGAL DESCRIPTION OF PARCEL C
.,
24
FEE ACQUISITION
APN No. 941-0550-014-04
EXHIBIT "C"
All that real property situate in, the City of Dublin, County of Alameda, State of California,
described as follows:
BEING a portion of PARCEL TWQ, as said parcel is described in that certain document
recorded on January 13; 2006 in Document No. 2006017634, Official Records, 'Alameda
County Records, more particularly described as follows: '
BEGINNING at the intersection of the westerly line of said PARCEL TWO with the southerly
line of the parcel entitled "RIGHT OF WAY ACQUISITION" as described in that certain
document recorded on February 3, 2004, in Document 2l>04047.612, Official Records, said
county records, said intersection being the beginning of a non tangent curve to the right having
a radius of 945.00 feet, to which point a radial line bears North 100'27'37" West:
Thence easterly along the southerly line of last said parcel, along said curve through a central
angle of 11 0'15~09':, an arc length of 185.59 feet to the southeast comer of last said parcel, also
being a point on the easterly line of first said parcel;
Thence leaving said southerly line and along said-easterly line, South 010'12'59" West 0.38
feet:
Thence leaving last said line, North 890'01'59" West 3.78 feet to the beginning of a curve to the
left having a radius of 70.00 feet;
Thence along said curve through a central angle of 170'10'12", an arc length of 20.98 feet;
Thence South 730'47'49" West 41.71 feet to the beginning of a curve to the right having a
radius of 50.00 feet;
Thence along said curve through a central angle of 100'07'42", an arc length of 8.84 feet to the
beginning of a reverse curve having a radius of 579.00 feet; .
Thence along said curve through a central angle of 04015'45", an arc length of 43.07 feet to the
. beginning of a reverse curve having a radius of 50.00 feet;
Thence along said curve through a central angle of 100'22'38", an arc length of 9.06 feet;
Thence North 890'57' 36" West 42.18 feet to the beginning of a curve to the left having a radius
of 70.00 feet; ,
EXHmIT "C"
Page 1 of 2
Thence along said curve through a central angle of 14044'40", an arc length of 18.01 feet to the
westerly line of said PARCEL TWO;
I
Thence along said line North 0 1 012'59" East 10.04 feet to the POINT OF BEGINNING.
Containing an area of 2,078 square feet, 0.05 acres, more or less.
TOGETHER with a Temporary Construction Easement, to terminate upon completion of
construction, for the purposes and incidents thc:::reto over, across and upon a. strip of land 10 feet
in width, the northwesterly line of said strip lying contiguous to. the southeasterly line of the
above described parcel.
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.
Randall L. Heiken, S 57:56
License Expires 6/30/2006
K:\MainI2OC1121l011lO02.1O\LEGAI..\DOLAI'tAJCRMX_115).doc
EXHIBIT "C"
Page 2 of 2
b-'~-O~
Date
EXHIBIT "C-l"
DEPICTION OF PARCEL C
".
25
FEE ACQUISITION
-
BASIS OF BEARINGS
THE BEARING N 32'48'00" WEST, THE MONUMENT
UNE ON DOUGHERTY ROAD, BETWEEN FOUND
MONUMENTS AS SHOWN' ON THE MAP ENTITlED
"PARCEL MAP 1043" tiLED FOR RECORD ON
SEPTE.MBER 28, 1973 AND RECORDED IN BOOK 80
OF PARca MAPS AT PAGE 29, IS USED AS THE
BASIS OF BEARINGS FOR THIS PLAT.
~--
------
-
----- -.
LEGEND
APN' - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
sq. ft. - SQUARE FEET
DUBLIN BOULEVARD
RIGHT OF WAY ACQUISITION
DOC. NO. 2004047612
FEE ACQUfSIllON
2,078 sq. ft.:I:
0.05 acres :I:
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CURVE
C1
C2
C3
C4
C5
LINE
L1
L2
L3
L4
L5
4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
1(''.S....Ol \016002\li"g\plo. 'ts\DDU\~LA_(C:RII)(-1l5>......c:l 6/14/2006 2'07.26 PM PDT
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10 WIDE TEMPORARY ,/' DETAIL 'A' .........
CONSTRUCTION EASEMENT SCALE: 1"=10' " -
LANDS OF '~. "
CRMX-115, INC. (
A CALIFORNIA CORPORA nON
PARCEL TWO
DOC. NO~ 2006017634
APN: 941...,0550-014-04
.....
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L2
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CURVE TABLE
LENGTH RADIUS
20.98' 70.00'
8.84' 50.00'
43.07' .579.00'
9.06' 50.00'
18.01' 70.00'
DELTA
17'10'12"
10.07'42"
4"15'45"
10"22'38"
14.44'40"
LINE TABLE
BEARING
S 01"12'59" W
N 89'01'59" W
S 73'47'49"W
N 89'57'36" W
N 01"12'59" E
LENGTH
0.38'
3.78'
41.71'
42.18'
10.04'
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Sub jec.t EXHIBIT "C-l"
DUBL t N BLVD. --DOUGHERTY RD. W I DEN I NG
Job No. 20016002
By RL Date 06/15/06 Chkd.RLH
SHEET 1 OF 1
EXHIBIT "D"
LEGAL DESCRIPTION OF PARCEL D FEE
"
"
26
FEE ACQUISITION
APN No. 941-0550-010-20
EXHIBIT "D"
All that real property situate in the City of Dublin, County of Alameda; State of California,
described as follows:
Being a portion of PARCEL A-3, described in that certain document recorded on March 10, 1993
in Document No. 93:..084406, Alameda County Records, more particularly described as follows:
BEGINNING at the intersection of the easterly line of said PARCEL A-3 and the southeasterly
right-of-way line of Dublin Boulevard;
Thence along said easterly line, South 01012'59" West 13.99 feet to the TRUE POINT' OF
BEGINNING;
Thence leaving said easterly line, South 57008'06" West 21.39 feet to the beginning of a curve to
the left, having a radius of 22.00 feet,
Thence along said curve, through a central angle of 13001'06", an arc length of 5.00 feet to the
beginning of a non-tangent curve, having a radius of 50.00 feet, to which point ,a radial line bears
, North 73040'18" West; , . .
Thence southerly and southeasterly along said curve, through a central angle of 43033'21", an arc
length of 38,01 feet;
Thence South 32040'26" East 30.85 feet to said easterly line of PARCEL A-3,
Thence along said easterly line North 01012'59:' East 77.69 feet to the TRUE POINT OF
BEGINNING.
Containing an area of 1,193 square feet, 0.03 acres more or less.
A plat showing the above described parcel is attacheq hereto and made a part hereof as Exhibit "B"
Dated: 5... '20 ~ o~
EXHmIT "D"
Page 10f 1
LEGAL DESCRlJ'TlON OF l'ARCEL D
~RYCONS~ASEM~
EX1:l.IB1T ">>-1"
2'7
TElVlPORARY CONSTRUCTION EASEMENT
APN No. 941-0550.-0.10:-20
EXHffiIT "D-l"
All that real property situate in the City of Dublin, County of Alameda, State of California,
described as follows:
Being a portion ,of PARCEL A-3, described in that certain document recorded on March 10,1993
in Document No. 93-0.84406, Alameda Co~nty Records, more particularly described as follows:
BEGINNING at the intersection of the easterly line of said PARCEL A-3 and the southeasterly
right-of-way line of Dublin Boulevard;
.
Thence along said easterly line, South 01012'59" West 13.99 feet to the TRUE POINT OF
BEGINNING; .
Thence leaving said easterly line, South 57008'06" West 21.39 feet to the beginning of a curve to
the left, having a radius of 22.0.0 feet,
Thence along said curve, through a central angle of 13001 '06", an arc length of 5.00 feet to the
beginning of a non-tangent curve, having a radius of 50;0.0 feet, to which point a radial line bears
North 73040.'18" West; ,
Thence southerly and southeasterly along said curve, through a central angle of 43033'21"; an arc
length of 38.01 feet;
Thence South 32040'26" East 30..85 feet to said easterly line of PARCEL A-3,
Thence along said easterly line North 01012'59" East 17.93 feet;
Thence leaving said easterly line, North 32040'26" West 27.53 feet to the beginning of a curve to
the right having a radius of 12.00 feet;
Thence along said curve, through a central angle of 89048'32", an arc length of 18.81 feet;
Thence North 57008 '06" East 14.63 feet to said easterly line of PARCEL A-3;
Thence along said line North 01012'59" East 12.0.7 feet to TRUE POINT OF BEGINNING
Containing an area of 698 square feet, 0..02 acres more or less.
EXHIBIT "D-l"
Page 1 of 2
A plat showing the above described parcel 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.
Dated: 5 - 20 -05
EXHIBIT "D-l"
Page 2 of 2
EXHffiIT "D-2"
DEPICTION OF PARCEL D FEE
28
/'
/
FEE ACQUISITION
BASIS OF BEARINGS
THE BEARING N 32048'00" WEST, THE MONUMENT
LINE ON DOUGHERTY ROAD, BETWEEN FOUND
MONUMENTS AS SHOWN ON THE MAP ENTITLED
"PARCEL, MAP 1 043" FILED FOR RECORD ON
SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80
OF PARCEL MAPS AT PAGE, 29, IS USED AS THE
BAStS OF BEARINGS FOR THIS PLAT.
/
LE GEN D
APN - ASSESSOR PARCEL NUMBER
BOW - BACK OF WALK
EX - EXISTING
O.R. - OFFICIAL RECORDS
P .O.B. - POINT OF BEGINNING
(R) - RADIAL
ROW -: RIGHT-OF-WAY
sq. ft. - SQUARE FEET
T.P.O.B. - TRUE POINT OF BEGINNING
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WOHLROSS ASSOCIATES
APN:941-550-10-22
DOC# 91-312613
6500 'SCARLETT COURT
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N 7J'
-=. '40'18"
. ---: -!. (R)
REFERENCES
G) 18 M 90-91
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--
4780 CHABOT DRIVE
SUITE 104
,PLEASANTON, CA 94588
925-396- 7700
925-396-7799 (FAX)
1(.\Surll1\OltiOOe'illWO\Dlo"\:$\CIiY PARCEL l.c:lWQ 5/20/2005 811&126 AM PDT
LANDS OF D. MICHAEL NOHR
88-300237
APN: 941-550-012-11
LINE
L1
LINE TABLE
BEARING
S 0112'59" W
LLI
"en
1.1')
N
......
.
......
CURVE
C1
PARCEL 1
1,193 sq. ft. :i:
0.03 acres :I::
LANDS OF THE CITY OF DUBLIN
PARCEL A-3
9:;.....084406
APN: 94"".550-010-20
(1
....
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LENGTH
13.99'
LENGTH
5.00'
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~u~L i~} Bt~t~:t;t~ RD. W I DEN I NG
Job No. 20016002
By RL Date OS/20/05 Chkd.RLH
SHEET 1 OF 1
Dl!.PICTION OF P A.l!.Cl!.L D
Tl!.MpO~Y CONSTRUCTION l!.A.Sl!.Ml!.N'I
EX,1l1B1'I "D-3"
29
.------------
TEMPORARY CONSTRUCTION EASEMENT ./
/' BASIS OF BEARINGS / ,
LEGENDTHE BEARING N 32'48'00" WEST, THE MONUMENT
APN - ASSESSOR PARCEL NUMBER UNE ON DOUGHERTY ROAD, BETWEEN FOUND
BOW - BACK OF WALK MONUMENTS AS SHOWN ON THE MAP ENTITLED
EX - EXISTING "PARCEL MAP 1043" FILED FOR RECORD ON
O.R. - OFFlCIAL RECORDS SEPTEMBER 28, 1973 AND RECORDED IN BOOK 60
P,O.B. - POINT OF BEGINNING, ....\. OF PARCEL MAPS AT PAGE 29, IS USED AS THE
(R) - RADIAL ~~ ..r:i'Q BASIS OF BEARINGS FOR THIS PLAT.
ROW - RIGHT-OF-WAY ~~ ......J.t--~
sq. ft. - SQUARE FEET '. Q ~...
T.C.E. -. TEMPORARY CONSTRUCTION O~~
. EASEMENT ~
T.P.O.B. - TRUE POINT OF BEGINNING
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698 sq. ft. :J: 'C3
0.02 acres :J: r
'" PROPOSED \
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LINE
L1
L2
L3
L4
CURVE
C1
C2
C3
LANDS OF D. MICHAEL NOHR
88-300237
APN: 941-550-012-11
J~
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LINE TABLE
BEARING
S 0112'59" W
N 0112'59" E
N 57'08'06" E
N 0112'59" E
CURVE TABLE
RADIUS . DELTA
22.00' 13.01'06"
50.00'43'33'21" .
12.00' 89.48'32'"
LENGTH
13.99'
17.93'
14.63'
12.07'
LENGTH
5.00'
38.01'
18.81'
--
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PARCEL A-3
93-84406
APN: 941-550-010-20
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Sub Jeet EXHIBIT "D-3"
4780 CHABOT DRIVE DUBLIN BLVD.-DOUGHERTY RD. WIDENING
SUITE 1 04
PLEASANTON, CA 94588 Job No. 20016002
925-396-7700 By RL Dot e OS/20/05 Chkd. RLH
925-396-7799 (FAX) SHEET 1 OF 1
WOHLROSS ASSOCIATES
APN: 941-550-10-22
Doe# 91-312613
6500 SCARLETT COURT
REFERENCES
CD 18 M 90-91
BkF
E_Is.m. IP"'-:
KI'\SUl"Ol\016002\D"Q\Dl~'ts\CITY TCE..."Cl 5/20/Z005 6,24134 AM PDT
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EXHffiIT"E"
FORM OF GRANT DEED
RECORDING REOUESTED BY AND
CITY OF DUBLIN
WHEN RECORDED MAIL TO:
CITY OF DUBLIN
Richard C. Ambrose
100 Civic Plaza
Dublin, CA 94568
No Fee Required Govt. Code S 27383
APN: 941-0550-012-11
SPACE ABOVE JHIS LINE FOR RECORDER'S USE
The undersigned Grantor hereby declares this instrument to be EXEMPT from Recording Fees
(Gov. Code S 27383) and Documentary Transfer Tax (Rev. & Tax. Code S 11922).
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, KBH
Investments LLC, a California limited liability company grants to the City of Dublin, a
municipal corporation, the following described real property (the "Property") located in the City
of Dublin, County of Alameda, State of California, described herein as Parcel A, as described in
Exhibit A, depicted on Exhibit A-I, attached hereto and incorporated herein by this reference
subj ect to:
1. Non-delinquent real estate taxes.
2. All other covenants, conditions, restrictions, reservations, rights, rights of way,
easements, leases, encumbrances, liens and title matters whether or not of record or visible from
an inspection of the Property and all matters which an accurate survey of the Property would
disclose.
IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as of the
day of , 2006.
GRANTOR:
KBH Investments, LLC,
a California limited liability company
Kenneth C. Harvey, Manager
30
EXHIBIT" A"
LEGAL DESCRIPTION OF PARCEL A
.,
31
,FEE ACQUISITION
APN No. 941-0550-012-11
Exhibit "A"
All that real property situate in the City of Dublin, County of Alameda, State of California, being
a portion of the parcel described in that certain document recorded on November 23, 1988 in
Document No. 88-300237, Alameda County Records, more particularly described as follows:
BEG~G at the intersection of the westerly line of first said parcel with the southeasterly line
of Parcel B-2, as said parcel is described in that certain document recorded on September 28, 1992
in DQcument No. 92-313601, said county records; .
Thence along said southeastetly line, North 57011 '33" East, 110.25 feet to the beginning of a non
tangent curve to the right having a radius of 697.42 feet, from which point a radial line bears South
33000'36" East;
Thence continuing along said southeasterly line, along said curve through a central angle of
10011' 49", for an arc length of 124.12 feet to the ea~terly line of first said parcel;
Thence leaving said southeasterly line, and alopg last said line; South 01012'59" West, 21.80 feet
to the beginning of a non tangent cUrve to the left having a radius of 1400.00 feet, from which
point a radial line bears South 23~51 '08" East;
Thence leaving said easterly line, along said curve through a central angle of 9000' 46", for an arc
length of 220.22 feet;
Thence South 57008'06" West, 10.05 feet to said westerly'line of first said parcel;
Thence along last said line, North 01012'59" East, 13.99 feet the POINT OF BEGINNING of this
description.
Containing an area of 3,663 square feet, 0.08 acres, more or less.
TOGETHER with a Temporary Construction Easement, to terminate upon completion of
construction, for the purposes and incidents thereto over, across and upon a strip of land 10 feet in
width, the northwesterly line of said strip lying contiguous to the southeasterly line of the above
described parcel.
Exhibit "An
Page 1 of 2
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
+.-and Surveyors Act.
~~
Billy:rvi .'n, LS 5797 '
License Expires 6/30/2004
K:\Maln\2001\2001600Z.1O\LEGALINOHR.doc .
Dated: Jvvr 2...~ yoo-d-
~
Exhibit "A"
Page 2 of 2
'EXHIBIT "A-I"
DEPICTION OF PARCEL A
..
-,
21
FEE ACQUISITION
, LEGEND
APN - ASSESSOR P ARCa NUMBER
OR. - OFFICIAL RECORDS
P~O.B. - POINT OF BEGINNING
sq. ft. - SQUARE FEET
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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 ENTlT1..ED
"p ARCEL 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.
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LANDS OF D, MICHAEL NOHR
88-300237
APN: 941-550-012-11
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4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
Ell
, ,.......... IP'-
j('\.S"rlll\.ll16002\,D"Q\plo:ts\,NOHR.clwQ 6/23/2004 3'24<47 PM PDT
LINE TABLE
LINE BEARING
L1 S 01'12'59" W
. L2 S 57"08'06" W
L3 N 01 '12'59'" E
LENGTH
21.BO'
10.05'
13.99'
REFERENCES
CD 18 M 90-91
Sub 'ect EXHIBIT "A-I"
DU~L1N BLVD.-DOUGHERTY RD. WIDENING
Job No. 20016002
By RL Date 6/25/04- Chkd.CK
SHEET 1 OF 1
EXHIBIT "F
. FORM OF GRANT DEED
RECORDING REQUESTED BY AND
CITY OF DUBLIN
WHEN RECORDED MAIL TO:
CITY OF DUBLIN
Richard C. Ambrose
100 Civic Plaza
Dublin, CA 94568
No Fee Required Govt. Code S 27383
APN: 941-0550-013-04
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned Grantor hereby declares this instrument to be EXEMPT from Recording Fees
(Gov. Code S 27383) and Documentary Transfer Tax (Rev. & Tax. Code S 11922).
..
GRAN'T DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CRMX-115,
Inc., a California Corporation, grants to the City of Dublin, a municipal corporation, the
following described real property (the "Property") located in the City of Dublin, County of
Alameda, State of California, described herein as Parcel B, as described in Exhibit A, and
depicted on Exhibit A-I, attached hereto and incorporated herein by this reference subject to:
1. Non-delinquent real estate taxes and assessments.
2. All other covenants, conditions, restrictions, reservations, rights, rights of way,
easements, leases, encumbrances, liens and title matters whether or not of record or visible from
an inspection of the Property and all matters which an accurate survey of the Property would
disclose.
IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as of the
day of , 2006.
'1
GRANTOR:
CRMX-115, Inc.,
a California corporation
RALPH B. BUNJE, JR.
Executive Vice President
33
EXHIBIT" A"
LEGAL DESCRIPTION OF PARCEL B
34
FEE ACQUISITION
APN No. 941-0550-013-04
Exhibit "A"
All that real property situate in the City of Dublin, County of Alameda, State of California,
described as follows:
BEING a portion of PARCEL ONE, as said parcel is described in that certain document recorded
on January 13, 2006 in Document No. 2006017634, Official Records, Alameda County Records,
more particularly described as follows:
BEGINNING at intersection of the westerly line of said PARCEL ONE with the southerly line of
Parcel C-1, as said parcel'is described in that certain document recorded 9n May 21, 1992 in
Document No. 92202093, Official Records, said county records; ~
Thence along the southerl y line of last said parcel, North 67015' 56" East 1.41 feet to the beginning
of a non tangent curve to the right having a radius of 945.00 feet, to which point a radial line bears
North 22029'59" West;
Thence .coT!tinuing along said southerly line, along said curve through a central angle of
12002'22", for an arc length of 198.57 feet to the southeast corner of last said parcel, also being a
point on the easterly line of first said parcel;
Thence leaving said southerly line and along said easterly line, -South 01 012'59" West, 10.04 feet
to the beginning of a non tangent curve to the left, having a radius of 70.00 feet, to which point a
radial line bears North 14042' 16" West;
Thence leaving said easterly line and along said curve through a central angle of 00051 '09", an arc
length of 1.04 feet to the beginning of a compound curve having a radius of 1400.00 feet;
Thence along said curve, through a central angle of 08017'36", an arc length of 202.64 feet to said
westerly line of PARCEL ONE;
Thence along said line, North 01012'59" East, 21.80 feet to the POINT OF BEGINNING of this
description.
Containing an area of 3,228 square feet, 0.07 acres, more or less.
TOGETHER with a Temporary Construction Easement, to terminate upon completion of
construction, for the purposes and incidents thereto over, across and upon a strip of land 10 feet in
width, the northwesterly line of said strip lying contiguous to the southeasterly line of the above
described parcel.
Exhibit "A"
Page 1 of 2
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. .
*
~J@4~
Randall L. Heiken, LS 5756
License Expires 6/30/2006
K;\Main\2001\2001600Z.10\lEGAL\DOlAN_BjCRMX-115),doc
Co, ,,~ · 00
Date
Exhibit "A"
Page 2 of 2
-----------
EXHIBIT "A-I"
DEPICTION OF PARCEL B
..
35
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
SEPTEMBER 28, .1973 AND RECORDED IN BOOK 80
OF PARCEL MAPS AT PAGE 29, IS USED AS THE
,BASIS OF BEARINGS FOR THIS PLAT.
LEGEND
APN - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
sq. ft. - SQUARE FEET
PARCEL C-l
DOC. NO. 92Z02093
1--
\~. .
\~.
\~..
\~
~
P.O.B.
FEE A'CQUISI110N
3~8 sq. ft. :I:
0.07' acres :I:
--
....
I
N
o
t
o
10
10
o
I
~
0>
---
/. DETAIL 'A'
SCALE:t"=10' "'-
I R.o:g45.00' \
\
/
/
,./
--- -
LANDS OF \
CRMX-115. INC.
A CALIFORNIA CORPORATION
PARCEL ONE \
DOC. NO. 2006017634
APN: 941-0550-013-04
Z
CL
'"
LINE TABLE
BEARING
N 6715'56" E
S 01'12'59" W
N Q1iZ'59" E
LENGTH
1.41'
10.04'
21.80'
LINE
Lt
L2
L3
CURVE
Cl
, DELTA
0'51'09"
(p. liP . o~
ti
....
~
0-
..r
"<1"0
"'I
to",
"-....
050
. .;:: to r
F-OO
010
....JNIO
W 0
U . I
a::: 0......
",Z"<I"
CL .0>
U
0"
Cl~
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Bkf
4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
S b. t EXHIBIT "A 1"
U Jee.. . -
DUBLIN BLVD.-DOUGHERTY RD. WIDENING
Job No. 20016002
By RL Dote 06/15/06 Chkd.RLH
SHEET 1 OF 1
Elf
,lIMIew I'.....
K.\Su,,01\016002'Wwo\Dl,,'ts\DCLAN II CCR!4)(-US),..w" 6/15/2001> 3.02.01 PM PDT
.,
EXHIBIT "G"
FORM OF GRANT DEED
RECORDING REOUESTED BY AND
CITY OF DUBLIN
WHEN RECORDED MAIL TO:
CITY OF DUBLIN
Richard C. Ambrose
100 Civic Plaza
Dublin, CA 94568
No Fee Required Govt. Code S 27383
APN: 941-0550-014-04
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned Grantor hereby declares this instrument to be EXEMPT from Recording Fees
(Gov. Code S 27383) and Documentary Transfer Tax (Rev. & Tax. Code S 11922).
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CRMC-115,
Inc.~ a California corporation, grants to the City of Dublin, Ii municipal corporation, the
following described real property (the "Property") located in the City of Dublin, County of
Alameda, State of California, described herein as Parcel C as described in Exhibit A, and
depicted on Exhibit A-I, attached hereto and incorporated herein by this reference subject to:
1. Non-delinquent real estate taxes and assessments.
2. All other covenants, conditions, restrictions, reservations, rights, rights of way,
easements, leases, encumbrances, liens and title matters whether or not of record or visible from
an inspection of the Property and all matters which an accurate survey of the Property would
disclose.
IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as of the
day of ' , 2006.
GRANTOR:
.,
CRMX-115, Inc.,
a California corporation
RALPH B. BUNJE, JR.
Executive Vice President
36
EXHIBIT" A"
LEGAL DESCRIPTION OF PARCEL C
"
37
FEE ACQUISITION
APN No. 941-0550-014-04
Exhibit "A"
All that real property situate in the City of Dublin, County of Alameda, State of California,
described as follows:
BEING a portion of PARCEL TWO, as said parcel is described in that certain document
recorded on January 13, 2006 in Document No. 2006017634, Official Records, Alameda
County Records, more particularly described as follows:
BEGINNING at the intersection of the westerly line of said PARCEL TWO with the southerly
line of the parcel entitled "RIGHT OF WAY ACQUISITION" as described in that certain
. document recoroed on February 3, 2004, in Document 2004047612, Official Records, said
county records, said intersection being the beginning of a non tangent curve to the right having
a radius of 945.00 feet, to which point a radial line bears North 10027'37" West:
Thence easterly along the southerly line of last said parcel, along said curve through a central
angle of11 015'09", an arc length of 185.59 feet to the southeast comer of last said parcel, also
being a point on the easterly line of first said parcel;
Thence leaving said southerly line and along said easterly line, South 01012'59" West 0.38
feet:
Thence leaving last said line, North 89001'59" West 3.78 feet to the beginning of a curve to the
left having a radius of 70.00 feet; .
Thence along said curve through a central angle of 17010' 12", an arc length of 20.98 feet;
Thence South 73047'49" West 41.71 feet to the beginning of a curve to the right having a
radius of 50.00 feet;
Thence along said curve through a central angle of 10007' 42", an arc length of 8.84 feet to the
beginning of a reverse curve having a radius of 579.00 feet;
Thence along said curve through a central angle of 04015'45", an arc length of 43.07 feet to the
beginning of a reverse curve having a radius of 50.00 feet;
Thence along said curve through a central angle of 10022'38", an arc length of 9.06 feet;
Thence North 89057'36" West 42.18 feet to the beginning of a curve to the left having a radius
of 70.00 feet;
Exhibit "An
Page 1 of 2
Thenc~ along sai d curve through a central angle of 14044' 40", an arc length of 18.01 feet to the
westerly line of said P AR~EL TWO;
Thence along said line North 01012'59" East 10.04 feet to the POINT OF BEGINNING.
Containing an area of 2,078 square feet, 0.05 acres, more or less.
TOGETHER with a Temporary Construction Easement, to terminate upon completion of
construction, for the purposes and incidents thereto over, across and upon a strip of land 10 feet
in width, the northwesterly line of said strip lying contiguous to the southeasterly line of the
above described parcel.
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.
~
t.:,-Jb-~
Date
Randall L. Heiken, S 5756
License Expires 6/3012006
K:\Main\2001120016002-1O\LEGALIDOLANJ\..(CRMX_115),doc
. Exhibit "A"
Page 2 of 2
EXHIBIT "A-I"
DEPICTION OF PARCEL C
..,
38
t"t.t. A \J\.lU I ~I li UI\!
RIGHT OF WAY ACQUISI110N
DOC. NO. 2004047612
FEE ACQUISIT10N
2,078 sq. ft. :I:
0.05 acres :l:
C3
~ C4 __ ___
'\.-,. -~
10 WIDE TEMPORARY /' DETAIL 'A' .........
CONSTRUCTION EASEMENT SCAlE:1"=10' ""
LANDS OF . / \
CRMX-115, INC. I .
A CALIFORNIA CORPORATION
PARCEL TWO
DOC. NO. 2006017634
APN: 941-0550-014-04
-
BASIS OF BEARINGS
THE BEARING N 32.48'00" WEST, THE MONUMENT
LINE ON DOUGHERTY ROAD, BETWEEN FOUND
MONUMENTS AS SHOWN ON THE MAP .ENTlTLED
"PARCEL MAP 1043" FILED FOR RECORD ON
SEPTEMBER 28, 1973 AND RECORDED IN BOOK SO
OF PARCEL MAPS AT PAGE 29, IS USED AS THE"_
BASIS OF BEARINGS FOR THIS PLAT.
- -
~
-
----
------
-
~
~ 0
f") I
CD f")
wr-... 0
Z"'" I
o~ 0
....10 10
t5.~ 10
0
a:: I
<co ~
o..z en
d Z,
0
Cl 0..
<c
CURVE
C1
C2
C3
C4
C5
LE GEN 0
APN - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RECORDS
P .O.B. - POINT OF BEGINNING
sq. ft. - SQUARE FEET
i~
tL
...
~
DUBLIN BOULEVARD
SEE DETAIL "A'
C1
L2
\
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10
o
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---
CURVE TABLE
LENGTH RADIUS
20.98' 70.00'
8.84' 50.00'
43.07' 579.00'
9.06' 50.00'
18.01' 70.00'
Z
0..
<c
DELTA
1710'12"
10.07'42"
4'15'45"
10'22'38"
14'44'40"
LINE TABLE
LINE BEARING
L1 S 01'2'59" W
L2 N 89.01'5S" W
L3 S 73'47'49" W
L4 'N 89'57'36" W
L5 N 01'2'59" E
LENGTH
0.38'
3.78'
41.71'
42.18'
10.04'
b"\b'Ob
BkF
4780 CHABOT DRIVE
SUITE 1 04
PLEASANTON, CA 94588
925-396- 7700
925-396-7799 (FAX)
11IIm,,'P~
K'\S......0l\016002\Il1rQ\plQ:ts\DDLAN_"_CCRHX-115l.....11 60/14/20060 21071260 PM PDT
Sub' ect EXHI6lT "A-I"
DUBLIN BLVD.-DOUGHERTY RD. WIDENING
Job No. 20016002
By RL Dote 06(15/06 Chkd .RLH
SHEET 1 OF 1
EXIDBIT "H"
FORM OF PARCEL D QUITCLAIM DEED
RECORDING REOUESTED BY AND
CITY OF DUBLIN
WHEN RECORDED MAIL TO:
CITY OF DUBLIN
Richard C. Ambrose
100 Civic Plaza
Dublin, CA 94568,
No Fee Required Govt. Code S 27383
. .
APN: 941-0550-010-20
SPACE ABOVE THIS LINE FOR RECORDER'S USE
The undersigned Grantor hereby declares this instrument to beEXEMPT from Recording Fees
(Gov. Code S 27383) and Documentary Transfer Tax (Rev. & Tax. Code S 11922).
QUITCLAIM DEED
The City of Dublin, a municipal corporation ("CITY"), does hereby release and quitclaim to
KBH Investments LLC, a California limited ,liability company ("KBH"), all right, title. and
interest in and to all that real property in the City of Dublin, County of Alameda, State of
California, described herein as: Parcel D, as described in Exhibit A and depicted on Exhibit B
attached hereto and incorporated by reference hereto.
Subject to special assessments if any, restrictions, reservations and easements of record.
, RESERVING UNTO CITY a non-exclusive temporary easement for construction purposes only,
and all incidents related thereto, including, but not limited to, the construction of improvements
(the "Temporary Easement"), over and across said Property as described in Exhibit A-I and
depicted on Exhibit B-1 hereto and incorporated by this reference. This construction easement is
granted solely in connection with the construction on the Property in accordance with
construction plans approved by Grantor (the "Project"). This Temporary Easement shall
automatically expire upon the earlier to occur of (2) two years after the recordation of this
Quitclaim Deed or (2) the completion of the Project.
CITY shall indemnify, protect, defend and hold harmless KBH against all claims, damages,
losses, and expenses, arising out of the performance of the work described herein, caused in
whole or in part by any negligent act of omission of CITY, its contractors, and their respective
39
employees and agents, except where caused by the negligence, or willful misconduct of the KBH
or other third party.
IN WITNESS WHEREOF, Grantor has caused this Quitclaim Deed to be executed as of the
day of , 2006.
GRANTOR:
CITY OF DUBLIN
.,
By
ATTEST
By
GRANTEE:
KBH INVESTMENTS LLC hereby agrees to the terms and conditions set forth above.
KENNTH C. HARVEY, Manager
40
EXHIBIT "A"
LEGAL DESCRIPTION OF PARCEL D - Fee Acquisition
.,
41
FEE ACQUISITION
APN No. 941-0550-010-20
Exhibit "A"
All that real property situate in the City of Dublin, County of Alameda, State of California,
described as follows:
Being a portion of PARCEL A-3, described in that certain document recorded on March 10, 1993
in Document No. 93-084406, Alameda County Records, more particularly described as follows:
BEGINNING at the intersection of the easterly line of said PARCEL A-3 and the southeasterly
right-of-way line of Dublin Boulevard;
Thence along said easterly line, South 01012'59" West 13.99 feet to the TRUE POINT OF
BEGINNrnNG; .
Thence leaving said easterly line, South 57008'06" West 21.39 feet to the beginning of a curve to
the left, having a radius of 22.00 feet,
Thence along said curve, through a central angle of 13001'06", an arc length of 5.00 feet to the
beginning of a non-tangent curve, having a radius of 50.00 feet, to which point a radial line bears
North 73040'18" West;
Thence southerly and southeasterly along said curve, through a central angle of 43033'21", an arc '
length of 38.01 feet;
Thence South 32040'26" East 30.85 feet to said easterly line of PARCEL A-3,
Thence along said easterly line North 01012'59" East 77.69 feet to the TRUE POINT OF
BEGINNING.
Containing an area of 1,193 square feet, 0.03 acres more or less.
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B"
Dated: 5'... '20 -- 0;;'
Exhibit "A"
Page 1 of 1
EXHffiIT "A-I"
LEGAL DESCRIPTION OF PARCEL D - Temporarv Construction Easement
42
TEMPORARY CONSTRUCTION EASEMENT
p.PN No. 941-0550-010-20
EXHIBIT "A-I"
All that real property situate in the City of Dublin, County of Alameda, State of California,
described as follows:
Being a portion of PARCEL A-3, described in that certain document recorded on March 10, 1993
in Document No. 93-084406, Alameda County Records, more particularly described as follows:
BEGINNING at the intersection of the easterly line of said PARCEL A-3 and the southeasterly
right-of-way line of Dublin Boulevard; .
.
Thence along said easterly line, South 01012'59" West 13.99 feet to the TRUE POINT OF
BEGINNING;
Thence leaving said easterly line, South 57008'06" West 21.39 feet to the beginning of a curve to
the left, having a radius of 22.00 feet,
Thence along said curve, through a central angle of 13001 '06", an arc length of 5.00 feet to the
beginning of a non-tangent curve, having a radius of 50.00 feet, to which point a radia11ine bears
North 73040' 18" West;
Thence .southerly and southeasterly along said curve, through a central angle of 43033'21", an arc
length of 38.01,feet;
Thence South 32040'26" East 30.85 feet to said easterly line of PARCEL A-3,
Thence along said easterly line North 01012'59" East 17.93 feet;
Thence leaVIng said easterly line, North 32040'26" West 27.53 feet to the beginning of a curve to
the right having a radius of 12.00 feet;
Thence along said curve, through a central angle of 89048'32", an arc length of 18.81 feet;
Thence North 57008'06" East 14.63 feet to said easterly line of PARCEL A-3;
Thence along said line North 01012'59" East 12.07 feet to TRUE POINT OF BEGINNING
Containing an area of 698 square feet, 0.02 acres more or less.
EXHIBIT "A-I"
Page 1 of 2
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B"
Dated: 5- - '2-0 -05
EXHIBIT" A-l"
Page 2 of 2
'ExmBIT "B"
DEPICTION OF PARCEL D.:... Fee ACQuisition
.,
43
/
LEGEND
APN - ASSESSOR PARCEL NUMBER
BOW - BACK OF WALK
EX - EXISTING
O.R. - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
(R) - RADIAL
ROW - RIGHT-OF-WAY
sq. ft. - SQUARE FEET
T.P.O.B. - TRUE POINT OF BEGINNING
\ I ~ ,S~,~
\1 ~ % I
I ~~ ~~'
~ ~ ~.c&--. ~ I
'cPO
?~
'Q
~ ~
WOHLROSS ASSOCIATES
APN:941-550-10-22
DOC#91-312613
6500 SCARLETT COURT
REFERENCES
CD 18 M 90-91
BkF
1.=1
Is.m.t IPu..
K.\Sur01\Ol6002\DWQ\olo:t,,\CITY PARCEL l.dwQ 5/20/2005 8'16126 AM PDT
..~
/
./
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
SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80
OF PARCEL MAPS AT PAGE 29, IS USED AS THE
BASIS OF BEARINGS FOR THIS PLAT.
~<?>~ .,.~()
O~\)
<Q
~
...
~
LANDS OF D. MICHAEL NOHR
88-300237
APN: 941-550-012-11
AREA TO BE RETAINED
'Y-!J'40'78" .
~ ~(R)
LENGTH
5.00'
LINE TABLE
BEARING
S 01"12'59" W
LEN GTH
13.99'
w
~
to
1--1
..-
,
o
z
CURVE
C1
PARCEL 1
1,193 sq. ft. :I:
0,03 acres :i:
LANDS OF THE CITY OF DUBLIN
PARCEL A-3
93-084406
APN: 941-550-010-20
I
I
I
I
_-1
~
~
~~
~ ~% en
to
r....:
r--
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~
4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
Subject EXHIBIT "B"
DUBLIN BLVD.-DOUGHERTY RD. WIDENING
Job No. 20016002
By RL Date OS/20/05 Chkd.RLH
SHEET 1 OF 1
EXHIBIT "B-1"
DEPICTION OF PARCEL D - Temporary Construction Easement
44
,TEMPORARY CONSTRUCTION EASEMENT ,/'
/' . BASIS OF BEARINGS /'
LE GEN DTHE BEARING N 32'48'00" WEST. THE MONUMENT
APN - ASSESSOR PARCEL NUMBER LINE ON DOUGHERTY ROAD, BETWEEN FOUND
BOW - BACK OF WALK MONUMENTS AS SHOWN ON THE MAP ENTITLED
EX - EXISTING "PARCEL MAP 1043" FILED FOR RECORD 'ON
O.R. - OFFICIAL RECORDS SEPlEMBER 28, 1973 AND RECORDED IN BOOK 80
P.O.B. - POINT OF BEGINNING OF PARCEL MAPS AT PAGE 29, IS USED AS THE
(R) - RADIAL ~ ~ BASIS OF BEARINGS FOR THIS PLAT.
ROW - RIGHT-OF-WAY <'\<V~'::.\~~
sq. ft. - SQU ARE FEET v y....
T.C.E. - lEMPORARY CONSTRUCTION O<vV
EASEMENT ~
T.P.O.B. - TRUE POINT OF BEGINNING
LANDS OF THE CITY OF DUBLIN
PARCEL A-3
93-84406
APN: 941-550-010-20
. A-~T"---'
II ~ I
~ \/ I -0 ~~~I I
~\ ~ +~ ~. ::I
.\ I ~,~~ I
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if9.p
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{q!_G~\.\tO s;. ~. 05 ;.>"
Sub' ect EXHIBIT "B-1~'
DUBLIN BLVD.-DOUGHERTY RD. WIDENING
Job No. 20016002
By RL Date OS/20/05 Chkd.RLH
SHEET 1 OF 1
\
~I
\1 '~'b\'t I
I ~'.t~~. ~ I N 73'
": ~ ~ -..:. 40'78"
. . 698 sq. ft. :I: 'C3
0.02 acres :I: ,\
, .'" PROPOSED \
\ '-.... BOW ~
\ "---
\ . ~
..'1\\
~ .b.rc;'2-\,./'
. t;~/
\PC" ~, '
"V~
\:~\~ \
~,.>. \
CURVE
C1
C2
C3
LINE
L1
L2
, L3
L4
WOHLROSS ASSOCIA lES
APN: 941-550-10-22
DOCH 91-'312613
6500 SCARLETT COURT
REFERENCES
CD 18 M 90-91
Bkf
4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94588
925-396-7700
925-396-7799 . (FAX)
EIIIIMZIi= IlIav!'rllM IPu.BIl
K'\SurOl\016002:\DwQ\Dlo.t$\CITY TCF.:.ciWQ 5/20/2:005 812:4.34 AM PDl
LANDS OF D. MICHAEL NOHR
88-300237
APN: 941-550-012-11
l~
....
~
LINE TABLE
BEARING
S 01'12'59" W
N 01'12'59" E
N 57"08'06" E
N 01"12.'59" E
CURVE TABLE
RADIUS DELTA
22.00' 13.01'06"
50.00' - 43.33'21"
12.00' 89.48'32"
LENGTH
13.99'
17.93'
14.63'
12.07'
LENGT~
5.00'
38.01'
18.81'