HomeMy WebLinkAbout4.04 GleasonDrImprovmts
CITY CLERK
File # D~~[Ç2]-[GJ~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: December 7, 2004
SUBJECT:
Acceptance of Improvements for Gleason Drive between Tassajara
Road and Fallon Road, Including Portions of Fallon Road and
Grafton Street
Report Prepared by: Melissa Morton, Public Works Director
ATTACHMENTS:
1)
2)
Resolution Accepting Improvements
Original Improvement Agreement dated October 7, 2003
:ð
Adopt resolution accepting improvements constructed by the Lin
Family and the Sierra Land Development Corporation for Gleason
Drive between Tassajara Road and Fallon Road, including portions
of Fallon Road and Grafton Street.
RECOMMENDATION: ~rx"
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FINANCIAL STATEMENT:
The Sierra Land Development Corporation has provided a
Maintenance Bond in the amount of $871,750.00 to guarantee
against any defects in the improvements for a one-year period
following acceptance. The City will incur maintenance costs for
these roadway improvements.
DESCRIPTION: As part of the infrastructure for Dublin Ranch, the Un Family and
the Sierra Land Development Corporation have constructed Gleason Drive between Tassajara Road and
Fallon Road, Grafton Street north of Gleason Drive, and the Fallon Road intersection at Gleason Drive.
These improvements were constructed in conformance with an Improvement Agreement entered into with
the Lin Family and the Sierra Land Development Corporation on October 7, 2003.
The Sierra Land Development Corporation provided a Performance Bond and a Labor and Materials
Bond, each in the amount of $3,487,000.00, to guarantee performance of the work. Now that the work is
complete, these bonds may be released in accordance with the authority contained in §66499.7 of the
Government Code, and replaced with a Maintenance Bond in an amount necessary to guarantee the work
for a one-year period following acceptance. The Sierra Land Development Corporation has provided a
Maintenance Bond in the amount of $871,750.00, which is sufficient to guarantee the improvements for a
one-year period after acceptance. Right-of-way has also been dedicated as required by the agreement.
Staff recommends that the City Council adopt the resolution accepting improvements constructed by the
Lin Family and the Sierra Land Development Corporation for Gleason Drive between Tassajara Road and
Fallon Road, including portions of Fallon Road and Grafton Street.
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COPIES TO:
I~'
Marty Inderbitzen, Un's Attorney Ii ~.
ITEMNO.~
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RESOLUTION NO. - 04
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
ACCEPTANCE OF IMPROVEMENTS FOR GLEASON DRIVE
BETWEEN TASSAJARA ROAD AND FALLON ROAD,
INCLUDING PORTIONS OF FALLON ROAD AND GRAFTON STREET
WHEREAS, the Lin Family and the Sierra Land Development Corporation entered into an
Improvement Agreement on October 7,2003, with the City of Dublin to construct roadway improvements
for Gleason Drive between Tassajara Road and Fallon Road, including portions of Fallon Road and
Grafton Street, in accordance with the approved plans; and
WHEREAS, improvements associated with Gleason Drive between Tassajara Road and Fallon
Road, including portions of Fallon Road and Grafton Street, are complete in accordance with said plans,
and any approved modifications thereto, to the satisfaction of the Director of Public Works; and
WHEREAS, the Lin Family has dedicated right-of-way to the City of Dublin for Gleason Drive
and Grafton Street; and
WHEREAS, the Performance Bond and the Labor and Materials Bond can be released, in
accordance with the authority contained in §66499.7 of the Government Code of the State of California,
and replaced with a Maintenance Bond to guarantee the completed work for a one-year period following
acceptance; and
WHEREAS, the Sierra Land Development Corporation has provided a Maintenance Bond to
guarantee the completed work for a one-year period;
NOW, THEREFORE, BE IT RESOLVED that:
1. The improvements completed with said project are hereby approved and accepted subject
to a one-year guarantee period; and
2. The original Performance Bond issued by Developers Surety and Indemnity Company
(Bond No. 553985S) in the amount of$3,487,000.00 be released; and
3. The original Labor and Materials Bond issued by Developers Surety and Indemnity
Company (Bond No. 553985S) in the amount of $3,487,000.00 be released; and
4. The submitted Maintenance Bond issued by Developers Surety and Indemnity Company
(Bond No. 553985S-M) in the amount of $871,750.00 be accepted as security for the
aforesaid one-year maintenance period, said period to commence on this date and terminate
on the 7th day of December, 2005.
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PASSED, APPROVED AND ADOPTED this 7th day of December, 2004.
YES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
G:\DEVEWP\Dublin Ranch\INFRASTRUCTURE\Gleason Dr\Reso acpt imps .doc
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IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY FOR
GLEASON DRIVE
from Tassajara Road to Fallon Road
including portions of
FALLON ROAD AND GRAFTON STREET
This agreement is made and entered into this 7~ day of .fl:x..,2003, by and between the CITY,
of Dublin, a mwÜcipal corporation (hereinafter referred to as "CITY'), and Chang Su-O-Lin (also known
as Jennifer Lm), Hong Lien Lin (also known as Frederic or Prederich Lin) and Hong Yao Lin (also known
as Kevin Lin) (''the Lins") and Sierra Land Development Corporation, a California Corp9ration ("Sierra
Land'') (the Lins and Sierra Land are heremafter referred to collectively as "OWNER").
RECITALS
WHEREAS, the Lins are owners of certain land within the City of Dublin, known as Dublin
Ranch. The City has approved certain development projects m Dublin Ranch that require the construction
of the improvements that are the subject of this Improvement Agreement. Sierra Land is a legal entity
controlled by the Lins that the Una propose to use to construct the improvements.
WHEREAS, it has been detennined by the City Council of the City 9f Dublin, State of California,
that OWNER desires to construct and dedicate the following improvements (hereafter collectively "The
Improvements''):
Two travel lanes of Gleason Drive with shoulders 'and permanent median, street lighting, stonn
drainage, sanitary sewer, and water improvements within the right of way acquired from the
Dublin Land Company.
Street improvements (except for sidewalks and landscaping) for the four-lane Gleason Drive
within the Owner's property (from the Dublin Land Company property to Fallon Road) including
frontage and median curbs, storm drainage, sanitary sewer and water improvements.
The completion of Fallon Road (except for landscaping and some sidewalks) ftom Dublin Ranch
Phase One to Bent Tree Drive including portions of the permanent median and ftontage
improvements with interim traffic signing and striping to transition to the existing two-lane
roadway.
Street improvements (except for sidewalks and landscapmg) for Grafton Street from Dublin Ranch
Phase One to Gleason Drive including all median curbs, frontage curbs, stonn drainage, sanitary
sewer and water improvements.
Complete traffic signals at Gleason Drive and Fallon Road and at Gleason Drive and Grafton
Street, modifications to the existing traffic signal at Gleason Drive and Tassajara Road, and
conduit for future traffic signals on Gleason Drive at Brannigan Street, Keegan Street and the
future entry to the Dublin Ranch Neighborhood F-2.
658087.2
IMPROVEMENT AGREEMENT AND RIGHT OF EN1RY
Gleason Drive from Tassajarn Road to Fallon Road
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Storm drain improvements in the future Brannigan Street between Gleason Drive and Central
Parkway.
Grading for the above improvements including the bulk grading of the Owner's property that lies
north of Gleason Drive and south of Dublin Ranch Phase One in accordance with approved Bulk
Grading Plans for Area F-North.
The hnprovements shall be constructed in accordance with the following referenced plans, which
are hereby referred to for a more definite description of the work to be performed under this
Agreement as though set forth at length herein;
· The Gleason Drive Improvement Plans between Tassajara Road and Fallon Road prepared
by MacKay & Somps, as signed by the City Engineer on September 18,2003 and
consisting of 16 sheets.
· Traffic Signal and Striping Plans for Gleason Drive between Tassajara Road and Fallon
Road prepared by TJKM Transportation Consultants, as signed by the City Engineer on
O~1"' 8 , 2003 and consisting of 20 sheets.
· Joint Trench Composite ~Gleason Drive prepared by RGA Utility Consultants, as signed by
the City Engineer on September 18, 2003 and consisting of 9 sheets.
· Street Lighting Plan - Gleason Drive prepared by RGA Utility Consultants as signed by
the City Engineer on September 18, 2003 and consisting of 5 sheets.
WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication ofright-of~way and
The hnprovements in consideration for OWNER's satisfactory perfonnance of the terms and conditions of
this Agreement; and
WHEREAS, City will provide OWNER with a right to enter those lands required for construction
of The Improvements, which are not owned by OWNER, and
WHEREAS, construction of The Improvementswill satisfy Conditions of Approval No. 83 of the
Vesting Tentative Map for Tract 7135; No. 92 for Tract 7137, No. 91 for Tract 7138, No. 86 for Tract
7139 and No. 83 for Tract 7140, and
WHEREAS, the Lins and CITY have previously entered into an hnprovement Agreement and
Right of Entry Agreement for Fallon Road Improvements to Satisfy Certain Conditions of Approval of
Vesting Master Tentative Map 7135, dated March 19,2002, which agreement contains certain conditions
regarding the construction of Fallon Road.
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein
contained, the parties agree as follows:
Section 1.
Completion Time.
OWNER will commence construction of The hnprovements within ninety (90) days following the
date on which CITY executes tlús Agreement. OWNER shall complete such Improvements no later than
18 months following execution of this agreement. Time is of the essence in this Agreement. Upon
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IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY
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September 24, 2003
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completion, OWNER shall furnish CITY with a complete and reproducible set of fInal as-built plans of
The Improvements, including any authorized modifications.
Section 2.
Estimated Cost of Improvements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to
be $3,487,000. Said amounts include costs and reasonable expenses and fees which maybe incurred in
enforcing the obligation secured.
Section 3.
Bonds Furnished.
Prior to commencing construction of the improvements, OWNER (or either the Lins or Sierra
Land) shall furnish CITY with the following security in a fOlm satisfactory to the CITY Attorney:
a. . Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State of California, or
an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth
in Paragraph 2 and sufficient to assure CITY that The hnprovements wilJ be satisfactorily
completed.
b. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company
duly and legally licensed to conduct a general surety business in the State of California, or
an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth
in Paragraph 2 and suffIcient to assure CITY that OWNER'S contractors, subcontractors,
and other persons furnishing labor, materials, or equipment shall be paid therefor.
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform to the provisions of Chapter 5 of the Subdivision Map
Act.
Section 4.
Rights of Way Dedication and the Installation of Street Monuments.
The OWNER intends to record a Tract Map that will dedicate the Rights-of Way and record the
location of the street monuments placed within the Rights of Way. Hthe Tract Map is not recorded prior
to acceptance of The Improvements, the Rights of Way shall be dedicated by separate instrument, the
street monuments shall be installed, and a Record of Survey shall be recorded prior to the CITY accepting
The Improvements. OWNER may propose an alternative mapping process upon which to record
monumentation (e.g. a Parcel Map) subject to the approval of City Engineer.
Section 5
Diversion of Drainage
The OWNER intends to perfonri: grading contemporaneously with the construction of the
Improvements to temporarily divert drainage ftom its natural course west of Grafton Street to east around
the current developed area of Dublin Ranch. The Master Drainage Plan for Dublin Ranch plans for this
drainage to be conveyed in a stann drain within the future Grafton Street right of way, which right of way
is on lands presently owned by the OWNER. The CITY agrees to allow the proposed diversion on a
temporary basis. The OWNER agrees to construct the permanent storm drain line in the Grafton Street
658087.2 .
IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY
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September 24,. 2003
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alignment fÌ'om Gleason Drive to Central Parkway (or alternative interim improvements approved by the
City) within one year after the CITY notifies the OWNER in writing that the improvements are to be
constructed.
Section 6.
Fallon Road Agreement.
An agreement between the LiDs and CITY entitled "Improvement Agreement and Right of Entry
For Fallon Road Improvements To Satisfy Certain Conditions Of Approval Of Vesting Master Tentative
Map 7135" (''Fallon Road Agreement") dated February 6, 2001 also requires the Lins to complete a
portion of The hnprovements.
Because of the overlap between the hnprovements and the improvements required by the Fallon
Road Agreement, the posting ofthe security as specified in this agreement shall reduce the improvement
costs in the Fallon Road Agreement (estimated to be $919,500) by the following amounts:
.
.. Fallon Road improvements from the south boundary of Dublin Ranch
Phase One to Fire Station #18:
$350,000
.
Fallon Road/Gleason Drive signal:
$150,000
The remaining improvement obligation for the Fallon Road Agreement is $419,500.
Section 7.
Insurance Required.
Prior to commencing construction of the improvements, OWNER shall obtain or cause to be
obtained with the CITY, all insurance required under this paragraph. Prior to the commencement of work
under this Agreement, OWNER's general contractor shall obtain or cause to be obtained, all insurance
required under this paragraph. OWNER and OWNER's general contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects to the City. OWNER shall not allow any contractor or subcontractor
to comrnencework on this contract or subcontract until all insurance required for OWNER and
OWNER's general contractor shall have been so obtained and approved. Said insurance shall be
maintained in full force and effect until the completion of work under this Agreement and the final
acceptance thereof by CITY. All requirements herein provided shall appear either in the body ofthe
insurance policies or as endorsements and shall specifically bind the insurance carrier.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i) Insurance Services Office fonn number GL 0002 (Ed. 1/73) covering
comprehensive General Liabilitv and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability;
or Insurance Services Office Com:mercial General Liability coverage
("occUlTence" fonn CG 0001.)
(ii) Insurance Services Office form number CA 0001 (Ed. 12/90) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
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IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY
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(iii) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i) General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage. If commercial General
Liability Insurance or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the required
oc'currence limit.
(ii) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
(iii) Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of Cali fomi a and
Employers Liability limits of$I,OOO,OOO per accident.
c. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of the
CITY, either the insurer shall rednce dt eliminate such deductibles or self-insured
retentions as respects the CITY, its officers, officials and employees; or the
OWNER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The policies are to contain, or be endorsed to contain,
the following provisions:
(i) General Liability and Automobile Liability Coverages.
(a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
out of activities performed by or on behalf of the OWNER; products
and completed operations of the OWNER; premises owned,
occupied or used by the OWNER; or automobiles owned, leased,
hired or borrowed by the OWNER. The coverage shall contain no
special limitations on the scope of the protection afforded to the
CITY, its officers, officials, employees or volunteers.
(b) The OWNER's insurance coverage shall be primary insurance as
respects the CITY, its officers, officials, employees and volunteers.
Any insurance or self-insurance maintained by the CITY, its
officers. officials, employees or volunteers shall be excess of the
OWNER's insurance and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall
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IMPROVEMENT AGREEMENT AND RIGHT OF ENTf{y
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not affect coverage provided to the CITY, its officers, officials,
employees or vo1W1te~rs.
(d) The OWNER's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
(ii) Workers' Comµensation and Emplovers Liability Coverage. The insurer
shall agree to waive all rights of subrogation against the CITY, its officers,
officials, employees and volunteers for losses arising from work perfonned
by the OWNER for the CITY.
(iii) All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced
in coverage or in limits except after thirty (30) days' prior written notice by
certified mail, return receipt requested, has been given to the CITY.
(a) Acceotability of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than A:VII.
(b) Verification of Coverage. OWNER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements
for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and
endorsements are to be received and approved by the CITY before
work commences. The CITY reserves the right to require complete,
certified copies of all required insurance policies, at any time.
(c) Subcontractors. OWNER and/or OWNER's general contractor shall
include all subcontractors as insureds under its policies or shall
obtain separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the
requirements stated herein.
Section 8.
Work Perfonnance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance, ordinary wear and tear and unusual abuse or neglect, OWNER guarantees all work executed
by OWNER and/or OWNER's agents, and all supplies, materials and devices of whatsoever nature
incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to
the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after
acceptance of the entire work by CITY. OWNER shall repair or replace any or all such work or material,
together with all or any other work or materials which may be displaced or damaged in so doing, that may
prove defective in workmanship or matèrial within said one-year guarantee period without expense or
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charge of any nature whatsoever to CITY. OWNER further covenants and agrees that when defects in
design, workmanship and materials actually appear during the one-year guarantee period, and have been
corrected, the guarantee period shall automatically be extended for the corrected items for an additional
year to insure that such defects have actually been corrected.
h1 the event the OWNER shall fail to comply with the conditions of the foregoing guarantee within
thirty (30) days time or such longer time period as agreed to in writing by the City Engineer, after being
notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain
the repair of the defect, and OWNER shall pay to CITY on demand all costs and expense of such repair.
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material
covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the
public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired,
such defect, and OWNER shall pay to CITY on deman4 all costs and expense of such repair. The
foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or
permanent repairs which maybe required as detennined in the sole discretion andjudgrnent of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or
performs the necessary work, OWNER shall pay, in addition to actual costs and expenses of such repair or
work, twenty-five percent (25%) of such costs and expenses for overhead and interest at the maximum
rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs.
Section 9.
Inspection ofthe Work.
OWNER shall guarantee free access to CITY through its City Engineer and his or her designated
representative for the safe and convenient inspection of the work throughout its construction. Said CITY
representative shall have the authority to reject all materials and workmanship which are not in
accordance with the plans and specifications, and all such materials and or work shall be removed
promptly by OWNER and replaced to the satisfaction of CITY without any expense to CITY in strict
accordance with the Improvements plans and specifications.
Section 10. Agreement Assignment.
OWNER shall not assign this Agreement without the written consent of CITY, which consent
shall not be unreasonably withheld.
Section 11. Abandonment of Work.
Neither OWNER nor any of OWNER's agents or contractors are or shall be considered to be
agents of CITY in connection with the perfonnance.ofOWNER's obligations under this Agreement.
If OWNER refuses or fails to obtain prosecution of the work, or any severable part thereof, with
such diligence as will insure its completion within the time specified, or any extension thereof, or fails to
obtain completion of said work within such time, or if OWNER should be adjudged as bankrupt, or
should make a general assignment for the benefit of OWNER's creditors, or if a receiver should be
appointed, or if OWNER, or any of OWNER's contractors, s~bcontractors, agents or employees should
víolate any of the provisions of this Agreement, the CITY through its City Engineer may serve written
notice on OWNER and OWNER's surety or holder of other security of breach of this Agreement, or of
658087,2
IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY
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any portion, thereof, and default of OWNER.
In the event of any such notice of breach of this Agreement, OWNER's surety shall have the duty
to take over and complete The hnprovements herein specified; provided, however, that if the surety,
within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written
notice of its intention to take over the perfonnance of the contract, and does not commence performance
thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and
prosecute the same to completion, by contract or by any otbermethod CITY may deem advisable, for the
account and at the expense of OWNER and OWNER's suretY shall be, liable to CITY for any damages
and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY,
without liability for so doing, may take possession of, and utilize in completing the work, such materials,
appliances, plant and other property belonging to OWNER as may be on the site of the work and
necessary therefor.
Section 12. Notices
All notices herein required shall be in writing, and delivered in person or sent by registered mail,
postage prepaid,
Notices required to be given to CITY shall be addressed as follows:
Melissa Morton
. City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to OWNER shall be addressed as follows:
Martin Inderbitzen
Attorney at Law
7077 Kol1 Center Plaza, #120
Pleasanton, California 94566
and
The Lin Family
c/o James Tong
4690 Chabot Drive, Suite 100 Pleasanton, CA 94588
Any party or the surety may change· such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
Section 13. Use of Streets or Improvements.
At all times prior to the acceptance of the work by CITY, the use of any or all of the streets to be
constructed under this Agreement shall be at the sole and exclusive risk of OWNER.
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IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY
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Section 14. Safety Devices.
OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs,
warning lights, and other safety devices adjacent to and on the site of The Improvements as maybe
necessary to prevent accidents to the public and damage to the property. OWNER shall furnish, place,
and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other
safety devices. At the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as may be shoWn on
the plans and included in the items of work) shall be removed from site of the work by the OWNER, and
the entire site left clean and orderly. '
Section 15. Acceutance of Work and Associated Right of Way and Easements.
Upon notice of the completion of The hnprovements and the delivery of a set of fmal as-built
mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer or his or her
designated representative, shall examine the work without delay, and, if fOW1d to be in accordance with
said plans and specifications and this Agreement, shall recommend acceptance ofthe work to the City
Council and, upon such acceptance, shall notifÿ OWNER or his or her designated agents of such
acceptance. Concurrently with the notice of completion, OWNER shall dedicate to CITY any right of
way and maintenance easements deemed necessary by the City Engineer for the maintenance of The
Improvements, and, at acceptance of the Work, CITY shall also accept the right-of-way and
maintenance easement dedication. The right of way and easement dedications shall be in substantially
the fonn attached hereto as Exhibit B.
Section 16. Patent and CoPvri2ht Costs.
In the event that said plans and specifications require the use of any material, process or
publication which is subject to a duly registered patent or copyright, OWNER shall be liable for, and shall
indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs,
which may result from the use of said patented or copyrighted material, process or publication.
Section 17. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of this
Agreement or any provision of this Agreement shall not operate to release any surety or sureties from
liability on any bond or bonds attached hereto and made a part hereof, and consent to make such
alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of
the Civil Code of the State of California.
Section 18. Liability.
a. OWNER Primarilv Liable. OWNER hereby warrants that the design and
construction of The Improvements will be performed in a proper manner. OWNER
agrees to indemnify, defend, release, and save harmless CITY, and each of its
elective and appointive boards, commissions, officers agents and employees, from
and against any and all10ss, claims, suits, liabilities, actions, damages, or causes of
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action ~f every kind, nature and description. directly or indirectly arising from an
act or omission of OWNER its employees. agents, or independent contractors in
connection with OWNER'S actions and obligations hereunder; provided as follows:
(i) That CITY does not, and shall not, waive any rights against OWNER which
it may have by reason of the aforesaid hold hannless agreement, because of
the acceptance by CITY. or the deposit with CITY by OWNER, of any of
the insurance policies described in Section 7 hereof.
(ii) That the aforesaid hold harmless agreement by OWNER shall apply to all
damages and claims for damages of every kind suffered. or alleged to have
been suffered, by reason of any of the aforesaid operations referred to in this
paragraph, regardless of whether or not CITY has prepared, supplied, or
approved of plans and/or specifications for the subdivision, or regardless of
whether or not such insurance policies shall have been detemrined to be
applicable to any of such damages or claims for damages.
b. Design Defect. If, in the opinion of the CITY, a design defect in the work of
Improvements becomes apparent during the course of construction, or within one
(1) year following acceptance by the CITY of the Improvements, and said design
defect, in the opinion of the CITY, may substantially impair the public health and
safety, OWNER shall, upon order by the CITY, correct said design defect at his or
her sole cost and expense, and the sureties under the Faithful Performance and
Labor and Materials Bonds shall be liable to the CITY for the corrective work
required.
c. Litigation Expenses. In the event that legal action is instituted by either party to
this Agreement, and said action seeks damages for breach of this Agreement or
seeks to specifically enforce the terms of this Agreement. and, in the event
judgment is entered in said action, the prevailing party shall be entitled to recover
its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also
be entitled to recover its attorney's fees and costs in any action against OWNER's
surety on the bonds provided under Section 3.
Section 19. Right of Entry.
, CITY grants to OWNER a right of entry to enter upon the property described in Exhibit A with
such personnel, equipment, machinery, vehicles and materials as may be necessary for the sole purpose of
construction of The hnprovements pursuant to this Agreement. This right of entry shall be effective upon
the date of this agreement and shall tenninate at the end of the perfonnance of the work and the guarantee
period unless extended. There shall be no payment for the right of entry. OWNER's obligation to
indemnify, defend and hold CITY harmless, as described in Section 15, shall be applicable to any acts or
omissions of OWNER, its contractors, subcontractors and agents, in connection with this right of entry.
Prior to imposing a condition on a land use entitlement for the property adjacent to the property
described in ExhibitA to construct improvements in or adjacent to the area described in such exhibit
during the effective term of the right of entry, CITY will consult with OWNER to determine whether any
658087,2
IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY
Gleason Drive trom Tassajara Road to Fallon Road
PagelOoft2
September 24, 2003
\) ~ 2l.o
additional conditions can or should be imposed on such land use entitlement or whether an amendment to
this agreement is needed to assure that OWNER and OWNER'S contractors are able to use the property
described in Exhibit A to constrUct The Improvements without interference and'to assure that liability for
any damage to improvements to be constructed in the Exhibit A area or on adjacent property is properly
apportioned between OWNER and the developer/owner of the adjacent property.
Section 20. Indemnification and Waiver.
OWNER shall defend CITY, its officers, employees and officials, against any claims or actions
(including declaratory or injIDlctive relief) concerning OWNER's construction of The Improvements on
OWNER's property or on the property described in Exhibit A and shall indemnify and hold CITY
hannless from any damages, charges, fees or penalties that may be awarded or imposed against CITY
and/or OWNER in connection with, or on account of, OWNER's conswction of The hnprovements
and/or CITY's failure to enforce or comply with any applicable laws.
Section 22. Credits.
CITY shall provide a credit to OWNER for dedication of any right-of-way needed for The
Improvements ifsuch right-of-way is needed for improvements described in the Eastern Dublin Traffic
Impact Fee (Resolution No. 225-99).
CITY shall provide a credit to OWNER for construction of The Improv.ements if such
improvements are described in the Eastern Dublin Traffic Impact Fee (Resolution No. 225-99) and if such
improvements are constructed in their ultimate location.
All aspects of the above credits shall be governed by the City's Administrative Guidelines
(Resolution No. 23-99). The amount of the credits shall be identified in a Credit Agreement between the
CITY and OWNER.
Section 23. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
Section 24. Relationship to Master Development Aereement
CITY agrees that the Improvements satisfy the OWNER'S obligation for the completion of Item
A.3 of Exhibit D of the Master Development Agreement between the City of Dublin and the Lin Family
for the Dublin Ranch Project, dated March 25, 1999.
[EXECUTION PAGE FOLLOWS]
658087,2
IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY
Gleason Drive from Tassajara Road to Fallon Road
Page 11 of 12
September 24, 2003
tY, q ,Ue
IN WITNESS WHEREOF, the parties'hereto have executed this Agreement in duplicate at
Dublin, California, the day and year first above written.
~~)}.£L
Elizabeth H.Silver, City Attorney
OWNER:
~-t;~~A-;r~~¡;-,
(also known as Jerínífer Lin)~Tffe,.e:..¿;J· t:-d' ~ r
. ~~ii:6~~::j4r~~w
(also known as F'iëdench ór FrederIc Lm)/!ltf?$N/
¿.k Ý-ß/t .Date:~W-- <-).
.1 ~YaoLin ~~B.~ ¿:l? ~ ._
. (also known as 'fcévm Lm) ~;::#øÆ/?-þt) ¢~ /
Approved as to Fonn:
..??7~
. Martin W. Inderbitzen .,
Attorney for Lin Family
CITY OF DUBLIN:
ATTEST:
Appròved as to Fonn:
.' LAND DEVELOPMENT
nON
t
Date: ~.... u--5
, .
,"
,.
6S8OS7.2
IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY
GI,~n Drive from Tax.<¡¡¡iara Road to Fallon Road
Page 12 ofl2
Seotember 24. 2003
'ISq:Uo
EXHIBIT" A"
Page 1 of 2
The property described below as Parcel "Auand Parcel "D".
PARCEL A, Tassajara Road
BEGINNING at the most northwesterly comer o(above said land, said comer being on the easterly'line of Tassajara
Road, 66.00 feet in width and the southerly line of Tract 6925, Dublin Ranch, the map of which was filed in Book
241 of Maps at Page 39, Alameda County Records and said Point of Beginning'bears NOl°13'07"E 172'.83 feet and
.S88°39'20"E 33.00 feet from th~ monument"Tas~ 3"on the centerline of Tassajara Road; thence leaving said Point
of Beginning along the easterly line of Tassajara Road Slo13'07"W 172.80 feet; thence SloI2'54"W,2207.39 f~t;
thence S88°44'32"E 18.39 feet; thince SloI5'28"W 234.16 feet to a point hereafter known as POINT A which
bears NOlo12'54"E 114.52 feet ànd S88°47'06"E 51.21 feettrom the monument "Tass 1" on the centerline of
Tassajará Road; thence leaving the easterly line ofTassajara Road S88°47'06"E 43.13 feet; thence NOoo29'19"W
381.76 feet; thence Nlo12'54"E 947.03 feet to a point hereafter kOown as POINT B; thence N88°47'06"W 33.00
feet; thence N02°S6'41"W 165.44 feet; thence 888°47'06"£ 33.00 feet; thence NOID12'54"£ 505.98 feet; thence
888D47'06"£ 9.00 feet; thence NOloI2'54"E 360.00 feet to a point hereafter known as POINT C; thence
N88°47'06"'W 33.00 feet; thence NOo052'1O"E 165.00 feet; thence S88D47'06'~E 33.00 feet; thence Nl°13'07"E
89.66 feet to the southerly [ine of above said Tract 6925; thence along said southerly line N88D39'20"W 46.00 feet
t6 the POINT OF BEGINNING.
Containing 2.494 acres, more or less.
PARÇEL D,'Gleason Drive
BEGINNING at the above described POINT C on the easterly line of Tassajara Road; thence N46Dt'2'S4"E 28.28
feet; thence 888°47'06"'E 250.00 feet; thence 889°52'35"E 420.08 feet; thence S88°47'06"E 195.46 feet to the
.easte1'1y line of Dublin Land Co., Serie$ 83-182776; thence along said easie1'1y line Nlo08'49"E 104.00 feet; ttlence
leaving said easterly line N88°47'06'"W 195.34 feet;' thence N88<?Ql"16"'W 300.03 feet; thence N 88°47'06"W
120.00 feet; thence Nl°1Z'S4"E 9.00 feet; thctlce N88D47'06"W 250.99 feet; thence N43°47'OO"W 28.28 feet;
thence N88°47'06"W 33.00 feet; thence 800°52' lO"W 165.00 feet; thence S88°47'06"E 33.00 feet to the POfNT
OF BEGINNING.
Containing2.443 acres, more or less.
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NB8047'06"w 11188"4:,7'06" W
33.00' 33.00
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EXHIBIT "B"
, 'Page lof I Ò
fl ct 2k
16034-31
06/04/03
DI
PUBLIC RIGHT-OF-WAY - 'GLJtASON DRIVE
'(BBTWEBN BRANN1GAN STREBT AND KBEOAN STREET) .
'. BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LANDDBSIGNATED AS: "PARCEL 1" OF'
'TRACT 7148" AS FJLED ON THE 14Iª DAY OF FEBRUARY, 2001 IN BOOK 257 OF MAPS AT PAGES 3 nmOUGH 7, ALA.Ml3DA
COUNTY RECORDS, FOR PURPOSES OF PUBLIC :RIGHTS-OF-WAY ["GLEASON DRIVE"], FOR CONSTRUCTION AND
MAINTENANCE OF PUBUC S"rREBTS AND UNDERGROUND UTILITIES, LYING AND BEING IN TIlE CITY OF DUBLIN,
ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT pN THE EAST. LINE OFSAID "PARCEL r SAID POINT BEARS SOUTH 00' 38' 11" WEST 687.22 FEET
FROM THE NORTHEAST CORNER OF SAID "PARCEL 1 It; 'JJffiNCE ALONG SAID EAST I,lNE sourn 00° 38' 11" WEST 108,08 FEET
TO A POINT ON A CURVE [TO THERIGH'I] WHOSE RADIUS POINT BEARS NORTH 14° 35' 22" WEST TIIEREFROM SAID POINT;
THENCE DEPARTIN"G SAID BAST LINE AND ENTERING sAiD PARCEL 1. ALONG SAID CURVE HAVING A RADIUS 0]'1 1502.00
FEET, A CENTRAL ANGLE OF 03° 36' 47", AND AN ARC LENGTH OF 94.71 FEET; TIIBNCE SOUTH 30°41' 01" WEST 36.07 FEET;
TIlENCE SOUfH 75° 33' 12" WEST 86.47 FEET; THENCE NORTIl47° 37' '31" WEST 36.08 FEET TO A POINT ON, A CURVE [TO THE
RIGH:I'] WHO~ RADIUS POINT BEARS NORTH 05° 58' 17" WEST THBREFROM SAID POINT; TIIENCBALONG SAID CURVE
HAVING A RADIUS OF 1511.00,FBET, A CENTRAL ANGLE OF 01° 05' 17". AND AN ARC LENGTH OF 28.69 FEET TO tHE
BEGINNING POINT OF A TANGENT LINE; TIm:NCE ALONG SAID TANGENT LINE SOUTH 85° 07' 00" WEST 120.67 FEET TO A
POINt ON A TANGENT CURVE [TO THE RIGH'I];' THENCE ALONG SAID CURVE HAVING A RADIUS OF 237.00 FEET, A
CENTRAL ANGLE OF 11° 28' 42", AND AN ARC lENGTH OF 47.48 FEET TO A "POINT OF REVERSE CURVATURE; THENCE
ALONG SAID CURVE rro THE LEFT] HAVING A RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF 11028. 42", AND AN ARC
LBNGTHOP 42.67 ~ TO nIEBEGWNING POINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT UNE sourn 85°
07' 00" WEST 613.92 FEET; THENCE SOUTH 33° 16' 26" WEST 35.61 FEET; THENCE SOUTH 79° 38' 51" WEST 94.43 FEET;
THENCE"NORTII 37° 37' 07" WEST 33.29 FEET; THENCE SOUTH 85° 07' 00" WEST 52.04 FEBT TO A POINT ON A TANGENT
,CURVE; THENCE ALONG'SAID CURVE (TO THE LEFT) HAVING A RADIUS OF 1339.00 FEET, A CENTRAL ANGLE OF 04° 07' 37",
AND AN A~C LENGTH OF 96.45 FEET TO A POINT OF 'REVERSE CURVATURE; THENCE ALONG SAID cuRVE [TO THE RIGHT]
HAVING A RADIUS OF 227.00 FEET. A CENTRAL ANGLE OF 10° 01' 01", AND AN ARC LENGTII OF 39.69FBET TO A POINT OF
REVERSE CURVATURE; THENCE ALONG SAID CURVE [TO THE LEFT]HA VING A RADIUS OF 203.00 FEET, A q3NTRAL ANGLE
OF 13° 45' 44" AND Ar:J ARC LENGTH OF 48.76 FEET TO A POINT OF COMPOUND CURVATURE WHOSE RADIUS POINT BEARS
SOUTH 12°45 20 EAST TIrnREF:[~.oM SAID POINT; THENCE. ALONG SAID CURVE [TO THE LEFI'] HAVING A RADTIJS OF 1348.00
.FEET, A CENTRAL ANGLE OF 1So·4S' S8'" AND AN ARC LENGTH OP 370.93 ·PBET TO A POrm OF REVERSE CURVATURE
WHOSE RADIUS PQINT BEARS NORTH 28° 31· 17" WEST THEREFROM SAID POINT; THENCE ALONG SAID' CURVE '[rO THE
. RIGHT] HAVrna A" RADIUS OF 1452.00 FÊBT, A CENTRAL ANGLE OF 27° 41' 49" AND AN ARC LENGTH OF 701.90 FEET;
THENæ SOUTH 40° 36' :53" WEST 36.25 FEET;THBNCE SOUTH 84° 39' 37" WEST 59.38 FEET TO THE:wEST LINE OF SAID'
"PARCEL 1"; 'TIlENCE ALONG SAID WEST liNE NORTH 01° OS' 49" BASTî67.29 FEET;" THENCE DEPARTING SAID WEST L1NB
ANDENTBRING SAID PARCEL I, SOUTH,8So 51' 11" EAST 60.00 FEET; THENCE soum 49° 55' .13" EAST 30.96 FEET TO'THE
BEGINNING OF A NON*TANGENT CURVE ~OSE RADIU$ POINT BEARS NORTH 01° 04' 43"W'I'HBREFROM SAID POINT;
THENCE ALONG SAID CURVE ffOTHE LEFT) HA VINO A RADIUS OF 1339.00 FEET,.A CENTRAL ANGLJ3 OF.06° 30' 39" AND AN
ARC LENGm OF .152.16 FEET TO Ä POINT OF REVERSECURV ATURE WHOSE RADIUS POINT BEARS SOUTH 07'" 35'22' EAST
THEREFROM SAID POINT; 'THENCE ALONG SAID CURVE· [TOnm RIGHT] HAVING A RADrus OF 237.00 FBET,A CENTRAL
ANGLE OF 09" 43' 01" AND AN ARC LENGTIf OF 40.19 FEET TO A POINT OF REVERSE CURVATURE WHOSE RADillSPOINT
,BEARS NORm 02° 07' 39" EAST THEREFROM SAID POINT; TIIENCE ALONG SAID CURVE [TO THE LEFTi HAVING A RADIUS
OF 213.00' FEET, A CENTRAL ANGLE OF 13° 33' 14>\ AND AN ARC LENGTH OF 50.39 FEET TO A POINT OP COMPOUND
CURV ATURE WHOSE RADIUS POINT BEARS NORTH 11 ° 25· 35" WEST THEREFROM SAID POINT; THENCE ALONG SAID CURVE
[TO THE"LEFT]HAy.ING A RADIUS OF 1348.00 FEET, A CENTRAL ANGLE OF 17° oS' 42" AND AN ARC LENGTH OF 402.20 FEET
TO A POINT OFRBVERSE CURV A T'(]RE WHOSERAI?IUS' POINT BEARS sourn 28° 31'17" EAST THEREFROM, SAID POINT; .
THENCE ALONG SAID CURVE [TO mE RIm-IT] HAVING A RADIUS qF 1452.00 FEET, A CENTRAL ANGLE OF 19° 04' 27" AND
A.N ARC LENGTH OF 483.38 FEET TO A RADIAL LINE TO SAID CURVE; THENCE ALONG SAID RADIAL LINE NORTH 09° 26' 50"
WEST 10,00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE WHOSE RADIUS POINT BEARS SOUTH 09° 26' 50" EAST
THEREFROM SAID POINT; THENCE ALONG SAlD CURVE ['TO THE RIGHT] HAVING A RADIUS OF 1462.00 FEET, A CENTRAL
, ANGLE OF 0'4° IS' 20" AND AN ARC LEN<;1rn OF 108.59 FEET TO A RADIAL liNE; THENCE ALONG SAID RADIAL LINE SOUTH
05° 11' 30" EAST 10.00 FEET TO A NON*TANGENT CURVE WHOSE RADIUS POINT BEARSSOUTIl 05° 11' 30" EAST THEREFROM
SAID POINT; THENCE ALONG SAID CURVE [to THE RIGHT} HAVING A RADIUS OF 1452.00 FEET, A CENTRAL ANGLE OF 000
18'30" AND AN ARC LENGTH OF 7.81 FEET TO THE BEGINNING OF A TANGENT LINE;
, ,
..AIKAY I:SO.PS
CML ENSINEERINét lAND PlANN1NGelAND SURVE'r1NG
5142 Franklin Drive Suite B. Pleasanton, CA. 94588·3355
(925) 225-0690
p, \bgo151 t 6034· 301S'TREETS\ESMT ·ROW -GLEASON, doc
EXHmlT "8"
Page 2 ofl 0
:'t'l' , 't,.~
16034-31
- 06104:/03'
DI
...
PUBLIC RIGHT-OF-WAY - GLEASON DRIVE
(BBTWEEN BRANNIGAN STREET AND KEEGAN STREET)
THENCE ALONG sÀID TANGENT NORTH 8:5° 07' 00" BAST 50.04 FBBT¡THBNCE NQRTIi 27° 47'03" EAST 33.3:5 FEET; THENCE
NORm 79" 57' 41" EAST 94.29 FEET; 'THENCE SOUTH 46" 03' 38" EAST 36:60 FEET; IHENCE NOR.m 85° 07' 00" BAST 249..90'
PBETTO A POINI' ON A TANOENT CURVE; THENCE ALONG SAID CURVE [fO THE RIGHT] "HAVING A RADIUS OF 237.00 FEET,
A CENTRAL ANGLE OF 11° 28' 42" AND AN ARC LENGTH OF 47.48 PEET TO A POINT OF REVERSE CURVATURE; THENCE
ALONG SAID CURVE {TO THE LEF'I1 HAVING A RADIUS OF 213!OOFEET, A CENTRAL ANGLE OF 11° 28' 42", AND AN ARC
LENGTH OF 42.67 FEET TO TIm BEGINNING PQINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 85°
07' 00" EAST 369.47 FEET; 'I'liENCE NORTH 04° 53' 00· WEST 10.00 FEET; THENCE NORTH 85° 07' 00" BAST 107042 FEET;
THENCE SOlITH 04° 33',41" EAST, 9.98 FEET TO A POINT ON A CURVE WHOSE RADIUS POINT BEARS NORTH 04°33'41" WEST
THEREFROM SAID POINT; THENCE ALONG SAID CURVE [TO TIIE LEFI'} HAVING A MDIUS OF 1398.00 FEET, A CENTRAL
ANGLE OF 11!' 11' 30" , AND AN ARC LENGTH OF 273.07 FEET TO SAID POINT OF BEGINNING.
CONTAINING 296,383 SQUARE FEET, 6.804 ACRES, MORE OR LESS.
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-09..{)7.
END OF DESClUPTION
r:,/ 0. ~
DA-ry
"
.UICAY &,le.P5
Clvu. ENGINEERlNGttAND PLANNINGtIAND'SUIMYlNG
5142 Franl<:lIn Drl\ÆI Suite B, Pleasantbn. CA. 94588-3355
(925) 225-0690
P ;\Iota),\ 16()34 .:;O\$TREETS\ ESMT -R OW.GLEASON ,doc
PARCEL ,1 .-
,TRACT 7148
257 M. 3--7 Ncr38'11-E 687.22' ' ~ -q ~
, -:1= . ¡-..
APN 985-09':"'07 . a:I I Ò en~..
, N04Q33'41-W{R) 9.98' ' ,.~~4~1r;KR1.\ ~~>í ~
~Nß5tOrOO"E 10~.42' R=1~~ß' ,..'l1~()1' \ CL. ~" f5 f ~
C1 ~.;..~7 . . N04Q53'~W 10.( Q', W\1'3O" \; ao 41. !:! ê -J Q
i~ ~ Q'- a::. - to 0"
~,/ C2 "'65007'00"£ 369.41· r8:- -:-' ~~g
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EXHIBIT "B" .
Page 3 of 10
400·
.
PARCEL 1
TRAcT 7148
257M. 3-7
APN 985-09""7'07
,
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TRACT 7148 \
257 M. 3-7
APN 985-09:.....07
R~H'52 '
Tt\\,"Ji.o:.i.9:~~Œt '
1W31r3TE 59.38'
1-08"4rE 167.29'
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s, \ N'4ô"03'38"W 36.60'
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TRACT 6960
242 M. 85-95
CURVE
Cl
C2
'C3
C4
C5
C6
C7
CS
C9
CI0
Cll
N85"01' E 613.92'
N3~16'26"E 35.61'
N7eø38'51-E 94.4-3'
MATCH LINE SEE ABOVE RIGHT
CURVE: TABLE
No. RADIUS LENGTH DELTA
237. 00' 47. 48' 11· 28' 42~
213.00' 42.67' 11-28' 42"
1502.00' 94.71' 3· 36' 47-
1511.'00' 2S.69' 01·05'17-
227.00' 39.69" 10-01"01-
203. 00' 48. 76' 13· 45' 44-
1339,00' 152, 16' 06·30' 39-
237.00' 40.19' 09·43'01·
213.00' 50.39' 13· 33' 14'
1462. 00" 1 OS. 59' 04 ~ 15' 20~
1452.00' 7. 81' 00· 18' 30"
RADIAL TABLE
Rl NS· 58' 17' w< R)
'-O~-2003 d...... P.\ '03~-&O"""..t."'E:S~T-RO\(·Gl.EA'DN.d.\I
LIN~ TABLE
T1 N4Q·3ó'33'E'36. 25'"
12 Na8·51' 11'W 60. AD'
13 N49·55'53~W 30,96'
T 4 N09· 26' 50' W< R) 10. 00'
15 NOS' 11' 30" W< R) 10.00'
T6 N8S'07'OO'E 50:04'
LEGEND
P.O.B. = POINT or BEGINNING
AREA - 6.804 ± ACRES
PLAT TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF' OL£ASON DRIVE
. RIGHT-OF' -W1\Y
~Q G ~\ ·IIACICAY & lallPS
CIVIL ENGINEERING_LAND PLANNING eLAND SURVEYlNC
PL£A$ANTON. CA. ~45Ø (92~) 225-0.90
DATE 4-17-2002 JOB NO. 16034-31
STATE 'OF CALIFORNIA DRAWN BY: D.M.I. DWG.: ESMT ROW GLEASON
CITY OF DUSLlN.
EXHIBIT "B"
Page4oflO
4 ~,1h
16034-31
., 7/0l/òì
,DMI
PUBUC RIGHT-OF~WÁY - GLEASON DRIVE
(BBTWBEN KBBGAN STREET AND PALLON ROAD)
, "
BEING OVER, UNDER, AND ACROSS A PORTION OF THAt CERTAIN 'PARCEL OF LAND PESIGNATED AS: "RESULTANI' REMAINDER
Nq. 4" OF '''LOT tINE ADJUSTMENr No.lr99--19" AS RECORDED ONTHElo!H DAY OF APRIL, 2000rn ,SERIES No. 2ÖOOI067~7,
ALAMEDA COUNTY' RECORDS, CALIFORNIA, FOR PURPOSaS OF A PUBUC RIGHT~OF~WAY ["GLEASON DRIVE"] FOR
CONSTRUCTION AND MAINTENANCE OF PUBUC STREETS AND UNDERGROUNDP'fILITIES, LYING AND 'BEING IN THE CITY OF
DUBUN, ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT ON THE EAST UNE OF "PARCEL}" OF "TRACT 7148" A.S Fn..ED ON THE 141H DAY OF FEBRUARY, 2001 IN
BOOK 251 OF MAPS AT PAGES 3 'THROUGH 7, ALAMEDA COUNTY RECORDS, SAID POINT BEARS SOUTII 00°,38' 11'; WEST 687.22
FEET FROMTHB NORTHEAST CORNER OF SAID "PARcELl" AND BEING A poINt ON A CURVE TO THE LEFf WHOSE RADIUS
J?91NT BEARS NORTH'I~045·11" væSr: THÊREFROM SÁIDPOINT; THENCE DEPARTING FROM SAID EASTERL)' PROPERTY LINE
AND ENTERING SAID "RESULTANT REMAINDER No.4" : ALONG sAiD CURVE HAVING 'A RADIUS OF 1398.00 FEET, A CENTRAL
ANGLÊ OF 19°36'51", AND AN ARC' LENGTH OF 478.58 FEET; THENCE NORTII 10°09'24" EAST' 42.00 FEET; THENŒ: NORTH
44°34'44" EAST 7O.58FEEr; THENCE SOUTH 86OW'17". EAST 42.00 FEET TO A POINT ON: 'A CURVE TO THE LEFI' WHOSE ~IUS
POINT BEARS NORm 40"49'26" WEST THEREFROM SAID POINT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 1389.00
FEET, A CENTRAL ANGLE OF 4°05'23", AND AN ARC LENGTH OF 99.14 FEET TO A POINT OF REVERSE CURVATURE; THENCE
ALONG SAID CURVE tro THE RIGHT]' HÁ VING A RADIUS OF 227.00 FEET: A CEN'IRAL ANGLE OF Jo'OO4'29", AND AN ARC LENGTH
OF 39.91 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE [TO THE LBFl'] HAVING A RADIUS OF 203.00
FEET, A CBNI'RAL ANGLE OF13°41'OI", AND AN ARC LENGTH OF 48.48 FEET TOA POINT OF "COMPOUND CURVATURE; THENCE
ALONG SAID CURVE rro THE LBFr] HA VINGA RADIUS OF 1398.00 FEET. A CENTRAL ANGLE OF 13°13'39", AND AN ARC LENGTII
OF 322.75 FEET TO THE B~OINNING POINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 28°15'00" EAST
52.09, FEET TO A POINT ON THE WESTERLY RIGHT OF WAY OF FALLON ROAD AS FILED ON OCTOBER 1,2001 IN DOCUMENT
SERlES NO. 2001373800; THENCE AI;1>NG SAID WESTERLY RIGHT O:p WAY LINE. soum 58°14'36" EAST 113.21 FEET; THENCE
LEAVING SAID RIGHT OF WAY LINE AND ENTERING SAID "RESULTANT REMAINDER No.4" , SOUTII 28°15'00" WEST 45.16 FEET TO
A POINT OF CURVATURE OF A TANGENT CURVE TO THE RIGHT; THE" NCE ALONG SAID, CURVE HAVING A RADIUS, OF 1511.00
FEET, A CENTRAL ANGLE OF 3°55'25", AND AN ARC LENGTH OF 103.47 FEET TO A POINT OF COMPOUND CURVATURE; THEJ:'{CE
ALONG SAID CURVE [TO THE RIO:aT) HAVING A RADIUS OF 1.27.00 FEET, A CENTRAL ANGLE OF 13"3:3'28", AND AN ARC LENGTH
OF 53.71 FEET TO A POINT OF REYaSE CURVATURE; THENCE ALONG SAID CURVE rrO,THE LEFT} HAviNG A RADIUS OF 203.00
FEET, A CENTRAL ANGLE OF 10°10'06"; AND AN ARC LENGTH OF 36.03. FEET'TO A POINT OF REVE:kSE CURVATuRE; THENCE
ALONG SAID CURVE rro THE RIGHT] HA VINGA RADIUS OF 1502.00 FEET, A .cENTRAL ANGLE OF 39°50'51", AND AN ARC LENGTH
OF, 1044.59 FEET TO A POINT ON THE WESTERLY PROPERTY UNB OF SAID "RESUJ.,TANI'REMAINDER No.4" [ALSOBEINO THE
EASTERLY PROPERTY UNE OF SAID "PARCEL 1'1; THENCE ALONG SAID WES'I'ERLY PROPERTY LINE NORTI! 0°38'11" EAST 108.08
FEET TO SAID POINT OFBBGINNING. .
CONTAINING 134,343 SQUARE FEET, 3.084 ACRES, MORE OR LESS. '
OVER, uNDER, AND ACROSS PORTIONS OF: ASSESSOR'S'PARCEL NUMßER$ 985-30-01 AND 98s..Z7~08.
CIUPTION
.acKlY. ..PS
CML ENGINEERING"LAND PlANNlf\IG'lAND'SíJRVEYlNG
5142 Fronklln Drive Sulta a, Pleosonton, CA. 94588-3355
(925) 225-0690
P:II.gal.ll éO:34-30ISTREETSIMmHow-2Jel>$On2, doc
EXHIBIT "B"
Page 5 oflO
co
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AREA 3.084 N;J;
~
LEGEND
P .o.c. = POINT OF COMMENCEMENT
P .O.B. ... POINT OF BEGINNING
0' '100' 200'
I
400'
'-ee-eD03 K't.., ...'I6G34·60_.'...."'o.-gl.....ri.....g
"CITY OF DUBLIN.
STATE OF CALIFORNIA
,IDAIIAY &·IOII'S
CIVIL ENGINEERINO-LAND PLANNING. LAND SURVEYING
?LEASANTON. CA. 94:;'S8 ' (92:;') 225-0.690.
DATE: 3-27-2001 JOB NO. 16034-31
DRAWN 8Y: L.H. DWG.: ROW-GLEASON 2
.PLAT TO ACCOMPANY
DESCRIPTION
F'OR PURPOSES Of OlfASON DRIVE RiGHT-Of-WAY
..
'"21-- ,~ ,~
16034~31
, 09/25/02
DMI
EXHIBIT "B"
Page 6 of 10
PUBUC RIGHT-OF-WAY - GRAFTON STREET .
BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF, LAND DESIGNATED AS: "PARCEL 1"
OF 'fiTRACI' 7148" AS FILED.oN THE 14D! DAY OF FEBRUARY, 2001 IN BOOK 257 OF MAPS 'AT PAGES 3 THROUGH 7,
ALAMEDA COUNTY, RECORDS, CALIFORNIA, FOR PURPOSBS'OF'PUBUC RIGHTS-OF.;WAY [uGRAFTONSTRBET'1, FOR
CONSTRUCTION 'AND MAINTENANCE OF PUBLIC STREETS AND UNDERGROUND UTILITIES. LYING AND BEING IN
THE CITY OF DUBLIN, ALAMEDA COUN'IY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED ,AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF "PARCEL ~ ,,, AS SHOWN UPON THAT CERTAIN FINAL MAP
ENTITLED: 'TRAct 6959" AS FILED ON THE'2rill DAY OF JUNE, 2000 IN BOOK 251 OF MAPS, AT'PAGES 39 TO '43,
ALAMEDA COUNTY RECORDS,' CALifORNIA, SAID POINT ALSO BEING ON THE WESTERLY UNE OF DEVANEY
DRIVE AS SHOWN ON SAID TRACT 6959; THENCE DEPARTING FROM SAID SOUTHEAST CORNER AND ENTERING
SAID "PARCEL J" ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY PROPERTY UNE OF SAID "PARCEL
'..4'" [ALSO ,BEING THE WESTERLY RIOHT-o,F~WAY UNE OF "DEVANEY DRIVE" AS SHOWNUPON SAID "7RA.CT 69591 SOUTH
1°50'20" EAST 63.03 FEET TO A POINT OF CURVATURE OF,A TANGENT CURVE TO THE RIGHT; THENCE ALONG
SAID CURVE HAVING A RADIUS OF 978.00 FEET, A CEN1RAL ANGLE OF 4°23'42", AND AN ARC LENGTH OF 75.02
FEET TO THE BEGINNllqG POINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 2°33'22" WEST
40.70 FEET TQ' A POINT OF CURVATUREüF A TANGENT CURVE TO THE LBFf;THENCE ALONG SAID CURVE
HAVING ARADIUS OF 1022.00PEET, A CENTRAL ANGLE OF 4°23'42", AND AN ARC LENGTH OF 78.39 FEET TO THE
BEGINNING POINT OF A TANGENT LINE; THENCÈ ALONG SAID TANGENT LINE SOUTH 1 °50'20" EAST 94.90 FEET TO
A POINT .oF CURVATURE OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE HAVING A RADIUS
OF 25.00 FEET, A CENTRAL ANGLE .oF 88°59'24''. AND AN ARC LENGTH OF 38.83 FEET; TIIENCE SOUTH 3°59'19"
."PAST 80.02 FEET TO À POINT ON A CURVE TO THE RIGHT WHüSE RADIOs POINT BEARS SOUTH 2"50"56" EAST
.'ERBFROM SAID POINT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 25.00 FEET,' A CENTRAL ANGLE OF
85°36'49", AND AN ARC LENGTH OF 37.36 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID
CURVE [fO mELEFTj HAVING A RADIUS OF 851.00 FEET, A CENTRAL ANGLE OF 4°27~24", AND AN ARC LENGTH OF
66.19 FEET TO THE BEGINNING POINT OF A TANGENT LINE; THENCE ALONG SAIDTANGBNT LINE SOUTH 11°41'31"
EAST 220,89 FEET TO A POINT ç>p CURVATURE OF fa. TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID
CURVE HAVING'A RADIUS OF 449.00 FEET, A CENTRAL ,ANGLE OF 6"34'37", AND AN ARC LENGTH OF 51.54 FEET;
THENCE NORTH 79°57'41" EAST 94.29 FEET TO A poINT ON A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
SOUTH 84°01 '52" WEST THEREFROM SAID POINT; THENCE ALONG SAID CURVE HA VINGA RADIUS OF 543.00 FEET,
A CENTRAL ANGLE OF 5°43'23". AND AN ARC LENGTIi OF 54.24 FEET To THE BEGINNING POINT OF A TANGENT
LINE; THENCE ALONG SAID TANGENT LINE NORTH 11°41'31" WEST 220.89 FEET TO A POINT OF CVRVATURE OF A
TANGENT CURVE TO THE RIGHT; THENCE ALONGSAID CURVEHA VING A RADIUS OF 757.00 FEET. A CENTRAL
ANGLE OF 4°22'37", AND AN ARC LENGTH OF 57.83 ,FEET TO A POINT OF COMPOUND CURVATuRE; THENCE
ALONG -SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 94°27'58", AND AN
'ARC LENGTH .oF 41.22 FEET; THENCE NORTH 3°5f'07Ø WEST 70,01 FEET TO A POINT ON A CURVE TO THE RIGHT
WHOSE RADIUS POINT BEARS NORTH 2°50'56" WEST THERm}ROM SAID 'POINT; THENCE ALONG SAID CURVE
HAVING A RADIUS OF 25.00 FEET. A CENTRAL ANGLE OF 91°00'3~", AND AN ARC LENGTH OF39.71 FEET TO THE
. BEqINNING POINT OF A TANGENT LINE; THENCE ALONG SAID TANQENT ~INE NORTH 1 °50'20" WEST 68.9.3 FEET
TO A POINT OF CURVATURE OF A TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE HAVING A
RADIUS OF 1036.00 FEET, A CENTRAL ANGLE OF 2°34'29", AND AN ARC LENGTH OF 46.56 FEET TO THE BEGINNING
POINT OF A TANGE1\T"f UNE; THENCE ALONG SAID TANGENT LINE NORTH 4°24'49" WEST 110.43 FEET TO A POINT
OF CURVÂTURE OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE aAVINGA RADIUS OF 984.00
FEET, A CEN1RAL ANGLE OF 2°34'29\ AND AN ARC LENGTH OF 44.22 FEET TO THE BEGINNING POINT OF A
TANGENT LINE; ,
.lcIeAY&: SOIDPS
CIVIL ENGINEERING'LAND PLANNING'lAND SURVEYING
5142 FronKlln Drive Suite e. Pleosanton, CA. 94588-3355
(925) 225+0690
P:\Je¡alsl t6034.30ISTREETSle,mt.row.grä(lOn.nonh,doc ,
EXHIBIT "B": '
, Page 7 of io
2:7b "1>' 2L"
16034-31
09125102
DMI
PUBLIC RIGHT -OF·WAY GRAFTON STREET
,'THENCE ALONG SAID' TANGENT LINE NÖRTH 1 ~50'20" WEST, 75.22 FEET "TO A, POINT ON THE NORTHERLY
PROPERTY LINE OF S,AID "PARCEL r; THENCE ALONG SAID'NORTHBRLY PROPERTY Lll'-fENORTH88°53' Ol~ WEST
78.10 FEET TO SAID POINT OF BEGINNING. ' '
CONTAINING 77.694 SQUARE FEET, 1.784 ACRES. MORE OR LESS.
OVER. UNDER. AND ACROSS A PORTION OF; ASSESSOR'S PARCEL NUMBER 985-09-67.
END OF DESCRIPnON
. ,
DATE
yz- r--1J"Z/
dI··...~
'/..,,- , '
,......I.:~'· ,
mACKAY,& SO.PS
CMl ENGINEERING-lAND PLANNING · lAND SURVEYING
5142 Fronl<Øn Drive Suite B. P1easonfon, CA. 94588-3355
(925) 225-0690
P: 'legals' 16034-30\STREETS\e"'\I.,.w.gratlon.norm,dOC
~,.
EXlfilBIT "B"
Page 8 of 10
s
0' 1 00' , 200'
.
400'
.
'.O.B"
RIGHT-Of-WAY
LEGEND
P.D.a. . POINT OF BEGINNING
Roo.W. . 77,694 sr. 1.784 ÞC.
, RADIAL TABLE
Rl NOZ"50'S6'WCR)
R2 N82"4S'S3'ECR)
R3 N82"41' 06' [C R)
(
PARCEL 1
TRACT 7148
257 M, 3'-7
APN 985-09-07
, lINE TABLE
T1 N01" 50' 20'W 63. 03'
Te N02" 33' 22" E 40. 70'
T3 NO!" 50' 20' W 94. 90'
T 4 NO 1 " 50' 20' WE)6. 93'
T5 N04"Z4' 49"W ,110.43'
T6 N01· 50' 20' W 75. 22'
~~, ,6b,~'
1t ~:rl ~~~
~ I = ~ .::~~ '
ö I ~ ~ i ~ 23 /"-'--T~
~ ~! ¡ ,~ ' 24 : 25 : 26 :
,PARCEl 1
~ TRACT 7148
257 M. 3-7
APN'985-09-07
~'
~~'
~:::~~'23"
\....54-.24.
l~~'·~ ' , 'O~g'JUl). ,
\-\~~~:.9~~~L- 94.29'. -~ - -- - --
, :... _ _ - tOcrS1'4\ t -
.-..;--- fUTURE·GUASON !~:..._.
------'--~
, --
. -' PARCEL \, ,
, cr 1\48
1M M 3--7,
'2.51 8C,'_09--07
À?N 9 ::J
CURVE T ABL.E
CURVE No. RADIUS LENGTH DELTA
C1 978.00' 75. 02' 4<023' 42'
C2,' 1022. 00'78. 39' 4· 23' 42'
C3 25. 00' 38. 83' 8S' 59' 24'"
C4 25. QO' 37.,36' 85· 36' 49'
C5 851. 00' 66. 19' 4' 27' 24'
CG 757.' 00' 57. 83' 4' 22' 37'
C7 25. 00' ,41. 22' 94" 27' 58'
CB 25. '00' , 39. 71' 91' 00' 36'
C9 1036,OQ' 46.56' 2"34'29'
C10 9B4.00· 44.22' 2'34'29'
,~z:s.zoœ....... "'\I~)o ~&Ð""'.'-\tSl4'-RCV..QIKfOtHoIORTH.-g
(
PLAT TO ACCOMPANY
DESCRIPJION
FOR PURPOSES Of GRAFTON STREET,
. RIQHT-OF-WAY
IRAClCAY & SlID'S
CML ENGINEERING-LAND. PLANNING-LAND suRVEYING
PLEASANTON, CA. 9"588 .' (925) 225-0690
DATE 5-28-2002 JOB NO. 16034-3'
DRAWN By: D.M.L DWG.: ES"'T~FWW-GRAnON-NORTH
CITY OF DUBLIN.
STATE OF CALIFORNIA
EXHIBIT "B"
Page 9' of 1 ()
,~ S db l..b
16034-31
06/03/03
Dr'
.
A STORM DRAIN BASEMENT 30.00 FEET IN WIDTH BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN
PARCEL ÓF LAND DESIGNATED AS: "PARCEL 1" OF "TRACT 7148" AS FILED 'oN TIIE 14lH DAY OF FEBRUARY, 2001 IN BOOK
257 OF MAPS' AT PAGES 3 THROUGH 7, ALAMEDA COUNTY RECORDS, FOR THE PURPOSES OF CONSTRUCl10N AND
MAINTENANCE OF UNDERGROUND STORM DRAINAGE FACIÙT'IES, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA
COUNI'Y, CAUFORNIA, SAID EASEMENT LYING f5.00FEET ON EACH SIDE MEASURED AT RIGHT ANGLES FROM THE
CENTERUNE OF SAID EASEMENT BEIN'a MORE PARTICULARLY DESCRIBED AS FOLLOWS: '
" "
BEGINNING AT POINT ON TIlE NORTH LINE OF CENTRAL PARKWAY WIDCH BEARS NORTH 88° 51' 11" WEST 15.96 FEET
FROM THE MOST 'EASTERLY TERMINUS OF TIIAT CERTAIN COURSE SHOWN AS "N 88° 51' 11" W 59.00' UPON SAID "TIiAcr
7148n; THENCE LEAVING SAID NORm LINE AND ENTERING SAID "PARCEL]n NORTH 01° 08' 48" EAST 865.57 FEET TO THE
SOUTH LINE OF THE FUTURE GLEASON DRIVE AS RECORDED IN SERIES NO. ' ON THE ' DAY OF
, OFFICIAL RECORDS OF ~MEDA COUNTY. THE SIDEUNES OF SAID STORM DRAIN EASEMENT ARE TO
BE LENGTHENED OR SHORTENED TO TERMINATE ON SAID SOUTII LINE OF GLEASON DRIVE ON THE NORTH AND ON SAID
NORTH LINE OF CENTRAL PARKWAY ON THE SOUTH.
, .
CONTAINING 26,423 SQUARE FEET MORE OR LESS
OVER. UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL ~ER 985-09-07.
, END 'OF DESCRIPTION
--
.r:...."'.f~~
"~6~ 63
DATE
'.AIKAY.51.PI
CIVIL ENGINEERlNGt-LAND PlANNIN~lAND SURVEYING
5142 Franklin Drive Suite B. Pleasanton. CA. 94588-3355
(9~5) ~25-0690
P:\I"g'J,\16034·30\STREGTS\.5m!-sd"· ranni~an,dO(
PARCEL 1
-rRACT 7148
257 M. 3-7' ,
APN,985-09-0
SON 1)RIV'E
G~ßA: "'5 '!I.10 --'
S'ER\Þ l~'-
.
I
I
I I
I'
I ! I
li ~' 15'
I ¡ 30' S.DoE.
IS' I tt 26,423 S.F. :I:
'1[0
o.ri
E- '::g
~ ,L
~ !~
t':I:: (JJ I.i,~
~ z. -
ø--..--- E- ~, I! i
.,- ........::=:;¡ ~ I I'
~.,. ~. ~ zl, I ...J
,,~ ., z II ~
l ,. -< ;1)
~ \ ~ I~
. P.O.B. . ,p: " ,
: . I I
\ : . ¡~I
',., ~: .Jf ~... P .O.B.
~ / / I ~
.. ~'#, " ~
........ '_ø' , .' ..
-......- I I
.. 59.00' ·
" N88·51'11"~~ .
~~ ......_",' CENTRAL
PARKWAY
EXHmIT "B"'
Page 10 of 10
~
NOT TO, SCALE
LANDS Of DUBLJN" LAND
COMPANY
SERIES NO. 83-'1.82776
6-03-2003 _ P,'16g3~-60\M.t...'[SMT-SDt·Ii:.e:AS!IN.cI.g
/
PLAT TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF "STORM DRAIN EASEMENT
CITY OF DUBLIN,
STATE OF CALIFORNIA
''2..b l..b
(
PARCEL 1
TRACT 7148
257 M. 3....;.7
APN 985-09~07
~
P.O.B. "" POINT OF BEGINNING
S.D.E. '" STORI.I DRAIN EASEt.lENT
lDIeDY. SIIIP8'
CIVIL ENGINEERING-LAND PLANNINO-lN"D SURVEYING
PLEASANION. ,CA, 9.588 '(925) 226..,.0690
DATE 5-22-2003 JOB NO. 16034-:31
DRAWN BY: PDT DWG.: M -ROW-GL SON