HomeMy WebLinkAbout4.06 Dougherty Rd Improvements
CITY CLERK
File # Dl6l[Q]lQ]-~Ol
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: February 7,2006
SUBJECT:
A TT ACHMENTS:
RECOMMENDATION:
1)
\~
!
FINANCIAL STATEMENT:
Approval of Purchase and Sale Agreement for Real Property at 6500
Dublin Boulevard for Capital Improvement Program (CIP) Project
No. 96852 - Dougherty Road Improvements, Houston Place to 1-580
Report Prepared by: Melissa A. Morton, Public Works Director
1)
Resolution approving Purchase and Sale Agreement for a
portion of 6500 Dublin Boulevard, together with Exhibit
"A", Agreement (including Grant Deed and Grant of
Temporary Construction Easement)
Location Map
2)
2)
Adopt the resolution approving the Purchase and Sale
Agreement for a portion of 6500 Dublin Boulevard and
accepting the Grant Deed and the Grant of Temporary
Construction Easement for said property, and
Authorize the City Manager to issue a check in the amount of
$1,012,267.20 payable to Chicago Title Company for deposit
into escrow.
The value of real property (fee and temporary construction
easement) located at 6500 Dublin Boulevard required for the CIP
Project No. 96852 - Dougherty Road Improvements, Houston Place
to 1-580, is $1,009,000.00. The City's portion of estimated closing
cost for the subject project is $3,267.20. Therefore, the total amount
due at escrow is $1,012,267.20. The budget for land acquisitions as
part of CIP Project No. 96852 are paid for through Traffic Impact
Fees.
DESCRIPTION: The City of Dublin seeks to widen and improve the Dublin
Boulevard and Dougherty Road intersection as part of CIP No. 96852, Dougherty Road Improvements-
Houston Place to 1-580. In order to accomplish this goal, it is necessary for the City to acquire a portion
COPY TO: Property Owners
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Page 1 of2
ITEMNO.~
G:\MISCPROJ\Dougherty Rd Imp - Houston to I-580\Right of Way \Dublin Station - Lange et al\AS P-S agreement.doc
of real property, commonly known as 6500 Dublin Boulevard (APN 941-0205-036), owned by James &
Elinor Lange, Susan Plisskin, Lawrence Plisskin, Steven & Judith Goldman, and Green Bear, LLC. The
City also needs to acquire a temporary construction easement along the Dublin Boulevard frontage of the
property.
The subject property is located along Dublin Boulevard southwest of the Dublin Boulevard and Dougherty
Road intersection. The two buildings situated on the property are known as Dublin Station, and are
occupied by multiple business tenants.
The City must acquire 9,594 square feet of land in fee from the Dublin Boulevard frontage of this site for
the intersection improvements project. In addition to the fee ownership acquisition, the City must also
acquire a 2,093-square-foot temporary construction easement for a duration of 16-months to facilitate
construction of the project. Within the area of the proposed acquisition, the property is landscaped with
shrubs and trees and includes portions of an asphalt driveway and parking lot.
The property owners have agreed to a total purchase price of $1,009,000.00 for the required land in fee
and 16-month temporary construction easement. This compensation is based on an appraisal of the
property and additional compensation for potential parking impacts as agreed between the property
owners and Staff.
Staff recommends that the City Council 1) adopt the resolution approving the Purchase and Sale
Agreement for a portion of 6500 Dublin Boulevard and accepting the Grant Deed and the Grant of
Temporary Construction Easement for said property, and 2) authorize the City Manager to issue a check in
the amount of$1,012,267.20 payable to Chicago Title Company for deposit into escrow.
Page 2 of2
/ t/f 53
RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING AGREEMENT WITH JAMES & ELINOR LANGE, SUSAN PLISSKIN,
LAWRENCE PLISSKIN, STEVEN & JUDITH GOLDMAN, AND GREEN BEAR, LLC,
FOR THE PURCHASE OF A PORTION OF PROPERTY IN FEE
LOCATED AT 6500 DUBLIN BOULEVARD
WHEREAS, it is necessary for the City of Dublin to widen and improve the intersection of Dublin
Boulevard and Dougherty Road as part of Capital Improvement Program Project No. 96852, Dougherty
Road Improvements - Houston Place to 1-580; and
WHEREAS, in order to accomplish this goal, it is necessary for the City to acquire a portion of
property in fee located at 6500 Dublin Boulevard; and
WHEREAS, along with the Grant Deed for the subject portion of 6500 Dublin Boulevard, the City
must procure a Temporary Construction Easement in order to facilitate construction of the Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the agreement with James & Elinor Lange, Susan Plisskin, Lawrence Plisskin, Steven & Judith Goldman,
and Green Bear, LLC.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
BE IT FURTHER RESOLVED that the City Manager is authorized to accept the Grant Deed and
Temporary Construction Easement as part of the agreement.
PASSED, APPROVED AND ADOPTED this 7th day of February, 2006.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Lf.0 2(7(()(,7
G:\MISCPROJ\Dougherty Rd Imp - Houston to 1-5801Right ofWaylDublin Station - Lange et al\Reso P-S Agmt.d,
ATTAUIDIENT I.
Zof'53
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT, dated February 7, 2006, is by and between the City
of Dublin, a municipal corporation ("Buyer"), and Kenneth C. Harvey and Brenda S.
Harvey, husband and wife as Community Property with Right of Survivorship ("Seller").
RECITALS
A. WHEREAS, Seller is the owner of three (3) parcels ofland fronting
Dublin Boulevard and Scarlett Drive in the City of Dublin, designated as Alameda
County Assessor's Parcel Numbers (APN) 941-0550-012-11,941-0550-014-02 and
941-0550-13-04; and
B. WHEREAS, Seller is proposing to develop the subject parcels and, as
a condition of development, have been required to sell to Buyer a strip of land fronting
Dublin Boulevard for the widening of Dublin Boulevard. The sales prices are to be the
same square foot price at which the Seller purchased the three (3) parcels. The Seller
paid $40.65 per square foot for the property designed as APN 941-0550-012-11, and
$22.00 per square foot for the properties designated as APN 941-0550-014-02 and APN
941-0550-013-04;
C. WHEREAS, Buyer owns a small parcel ofland at the southwest comer of
Dublin Boulevard and Scarlett Court adjacent to the subject parcel which the Seller has
requested to purchase;
D. WHEREAS, this small City parcel is to be valued at the same square foot
value as the adjacent parcel, APN 941-0550-12-11, as $40.65 per square foot;
E. WHEREAS, Buyer desires to purchase portions of these three (3) parcels
in fee, more particularly described in Exhibits "A", "B", and "c" attached hereto and
made a part hereof (hereinafter collectively referred to as "Subject Property") for the
Buyer's Capital Improvement Program (CIP) Project Number 96852, Dougherty Road
Improvements - Houston Place to 1-580; and Seller desire to sell the Subject Property to
Buyer;
F. WHEREAS, Seller desires to purchase an excess parcel ofland owned
by Buyer, more particularly described in Exhibit "D", subject to the retention of a
Temporary Construction Easement, as described in Exhibit "E;"
G. WHEREAS, Seller and Buyer have agreed to execute this Purchase and
Sale Agreement to formalize certain Conditions of Approval for the development of
Seller' properties.
TERMS
EXBIBIT A
to i he ~cSoUtTlo,A..}
30+53
TERMS
WHEREFORE, IT IS MUTUALLY AGREED BETWEEN SELLER AND
BUYERS AS FOLLOWS:
1. PURCHASE PRICE. The total purchase price for the subject property to be
acquired shall be the sum of:
$ 1,009,000.00
2. CONVEYANCE OF TITLE. Seller agrees to convey the Subject Property to
Buyer by Grant Deed and a Grant of Temporary Construction Easement (collectively
"Deeds"), copies of which are attached hereto respectively as Attachment 1 and
Attachment 2, free and clear of all recorded and unrecorded liens, encumbrances,
assessments, easements, leases, and taxes EXCEPT:
A. Taxes for the fiscal year in which this escrow closes, which shall be
handled in accordance with the provisions of Section 4986 of the Revenue and Taxation
Code of the State of California.
B. Quasi-public utility, public alley, public street easements, and rights of
way of record.
C. Such other liens, encumbrances, reservations and restrictions as may be
approved in writing by the General Counsel of the Buyer.
3. TITLE INSURANCE: Chicago Title Company ("Title Company") has provided
Buyer with its Preliminary Title Report. Buyer has reviewed that Preliminary Title
Report and has no objection to any exception to coverage listed therein. Buyer shall
obtain an updated Title Report, and shall have five (5) days after receipt of the updated
Title Report to object in writing to any new exceptions shown on the report. At close,
Title Company shall issue its CLTA Owner's Coverage Form Policy of Title Insurance,
with liability in the amount of the Purchase Price, showing title to the Property vested in
Buyer, subject to all exceptions except those new exceptions which are specifically
objected to in writing by Buyer within five (5) days after receipt of the Title Report.
Seller agrees to convey title to the Property to Buyer at Close of Escrow free and clear of
all monetary liens and encumbrances, excluding only current real property taxes.
Assessments, if any, shall be assumed by Buyer. If Seller does not remove one or more
such monetary encumbrances, liens, or claims, in addition to all other remedies Buyer
may have at law or in equity, Buyer may close Escrow on the scheduled closing date and
offset dollar for dollar against the Purchase Price an amount equal to such monetary
encumbrances, liens or claims.
Purchase & Sale Agreement
Page 2.of9
JJ",Jr3
-, tj-.~ -"
4. ESCROW. An Escrow, Order Number 05-5890l79l-RP ("Escrow") has been
opened with Chicago Title Company, 7041 Koll Center Parkway, Suite. 220, Pleasanton,
CA, 94566 ("Escrow Holder"). This Agreement constitutes the joint escrow instructions
of Buyer and Seller, and Escrow Agent to whom these instructions are delivered is
hereby empowered to act under this Agreement. The parties hereto agree to do all acts
necessary to close this escrow in the shortest possible time.
Seller has executed and handed the Deeds to Buyer, concurrently with this
Agreement. As soon as possible after opening of escrow, Buyer will deposit the executed
deeds, with Certificate of Acceptance attached, with Escrow Agent on Seller's behalf.
Buyer agrees to deposit the purchase price upon demand of Escrow Agent. Buyer and
Seller agree to deposit with Escrow Agent any additional instruments as may be
necessary to complete this transaction.
Insurance policies for fire or casualty are not to be transferred, and Seller will
cancel his own policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow funds in a
general escrow account(s) and may be transferred to any other such escrow trust account
in any state or national bank doing business in the State of California. All disbursements
shall be made by check from such account(s).
ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY
WITH THE FOLLOWING TAX ADJUSTMENT PROCEDURE:
A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and
interest thereon, and for any delinquent or non-delinquent assessments or bonds against
the property;
B. In the event this escrow closes between July 1 and November 1, and
current tax information is not available from title insurer, Escrow Agent is instructed to
withhold from Seller's proceeds an amount equal to the estimated prorated amount due
based upon the previous fiscal year's second half tax bill. If the Title Company
determines that more is owed, the Title Company shall bill the Seller directly. At such
time that the tax information is available, Escrow Agent shall make a check payable to
the County Tax Collector for Seller's prorated portion of taxes and forvvard same to the
Buyer and shall refund any difference to the Seller. In the event the amount withheld is
not sufficient to pay Seller's prorated portion of taxes due, the Seller herein agrees to
immediately pay the difference;
In the event said tax information is available, Seller's taxes shall be prorated in
accordance with Paragraph "C" below.
Purchase & Sale Agreement
Page 3 of9
r-:"'rJ.f"C'2
__' ,f ~ ,-",.-..I
C. From the date that tax information is available, as per Paragraph "B", up to
and including June 30, Seller's current taxes, if unpaid, shall be prorated to date of close
of escrow on the basis of a 365 day year in accordance with Tax Collector's proration
requirements, together with penalties and interest, if said current taxes are unpaid after
December 10 and/or April 10. At close of escrow, check payable to the County Tax
Collector for Seller's prorata portion of taxes shall be forwarded to Buyer with closing
statement;
. D. Any taxes which have been paid by Seller, prior to opening of this escrow,
shall not be prorated between Buyer and Seller, but Seller shall have the sole right, after
close of escrow, to apply to the County Tax Collector of said county for refund. This
refund would apply to the period after Buyer's acquisition, pursuant to Revenue and
Taxation Code Section 5096.7.
ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
E. Pay and charge Seller for any amount necessary to place title in the
condition necessary to satisfy Paragraph 3 of this Agreement;
F. Pay and charge Buyer and Seller for any escrow fees, charges, and costs
payable under Paragraph 5 of this Agreement;
G. Disburse funds and deliver deed when conditions of this escrow have been
fulfilled by Buyer and Seller.
The term "close of escrow", if and where written in these instructions, shall mean
the date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may
be extended by mutual agreement ofthe parties hereto. Any amendment of, or
supplement to, any instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS
TO CLOSE AS SOON AS POSSIBLE. The parties acknowledge that Buyer's governing
board is scheduled to consider the approval of this agreement on February 7,2006.
Pursuant to Paragraph 1 herein, if the governing board approves the agreement, the
parties desire escrow to close on or before March 9, 2006. Buyer shall take all necessary
steps in advance of February 7, 2006, to ensure that, in the event the governing board
approves this agreement, escrow will close on or before March 9, 2006, or as soon as
possible thereafter.
Purchase & Sale Agreement
Page 4 of9
J fl?l.-:-;
l!? ,_ ~.
5. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and
Seller's usual fees, charges, and costs which arise in this escrow.
6. RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a
complete, current, and correct statement of rentals on a form furnished by Seller and
deliver same to Buyer within fifteen (15) days hereof with copies of any written leases or
rental agreements attached. Seller hereby warrants that the rental statement referred to
shall include the terms of all rental agreements, tenancies, and leases (written, unwritten,
recorded, or unrecorded) and Seller agrees to hold Buyer harmless from all liability from
any such leases, subleases or agreements.
7. INDEMNITY AND HOLD-HARMLESS CLAUSE RELATING TO CLAllv1S
BY TENANTS: By operation oflaw (California Code of Civil Procedure section
1265.110, et seq.), the leases with Tenants shall terminate with regard to the portion of
the property acquired by Buyer under threat of eminent domain. Seller agrees to
indemnify and hold Buyer harmless against any and all claims arising out of this
Agreement which may be made or brought by any of the business tenants against Seller.
Said claims may include, but are not limited to: (a) claims for compensation arising out of
Buyer's purchase of a portion ofthe property which is subject to any Lease(s), and (b)
claims for breach of lease. Seller is expressly responsible for the defense of any such
claims.
8. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER.
Seller hereby warrants, represents, and/or covenants to Buyer that:
A. To the best of Seller's knowledge, there are no actions, suits, material
claims, legal proceedings, or any other proceedings affecting the property or any portion
thereof, at law, or in equity before any court or governmental agency, domestic or
foreign.
B. To the best of Seller's knowledge, there are no encroachments onto the
property by improvements on any adjoining property, nor do any buildings or
improvements encroach on other properties.
C. Until the closing, Seller shall maintain the property in its current condition
and state of repair and maintenance, and shall perform all of its obligations under any
service contracts or other contracts affecting the property.
D. Until the closing, Seller shall not do anything which would impair Seller's
title to any of the property.
E. To the best of Seller's knowledge, all utilities including gas, electricity,
water, sewage, and telephone are available to the property, and all such items are in good
working order. .
Purchase & Sale Agreement
Page 5 of9
7 of 53
F. To the best of Seller's knowledge, neither the execution ofthis Agreement
nor the performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or other
agreement or instrument to which Seller's property may be bound.
G. Until the closing, Seller shall, upon learning of any fact or condition which
would cause any of the warranties and representations of this Warranties,
Representations, and Covenants of Seller Section not to be true as of closing,
immediately give written notice of such fact or condition to Buyer.
9. INDEMNITY AND HOLD HARMLESS CLAUSE RELATING TO
HAZARDOUS SUBSTANCES. Seller warrants that, to the best of Seller's knowledge,
the Property (including surface and subsurface soils and groundwater on and underneath
the Property) is free of petroleum products and/or certain "hazardous substances" and/or
"hazardous wastes" as defined by Section 311 of the Clean Water Act (33 U.S.C. 91251,
et seq.), Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. S9601,
et seq.) and Section 101 of the Comprehensive Environmental Response, Compensation
and Liability Act (42 U.S.C. 99601, et seq). Buyerreserves the right, however, to require
Seller to remediate, and/or pay remediation costs relating to, hazardous substances which
Seller knew or should have known existed or were present at the Subject Property, and
failed to disclose. Seller agrees to indemnify and hold Buyer harmless against any and all
claims arising outofthe existence of hazardous substances or hazardous wastes in the
soil or groundwater.
10. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its
authorized agents, permission to enter upon the Property at all reasonable times prior to
close of escrow for the purpose of making necessary or appropriate inspections and for
the purpose of commencing demolition and/or construction ofthe project for which the
property is being purchased.
11. RE-STRIPING OF PARKING LOT. Parking lot re-striping as a result of the
Project at 6500 Dublin Boulevard shall be completed by Seller within sixty (60) days of
Project improvements completion. A no-fee City Permit to re-stripe the parking lot shall
be obtained by Seller prior to commencing such work. The cost to re-stripe the parking
lot and all other associated work, such as parking lot landscaping, is to be paid for by
Seller.
12. COUNTERPARTS. This Agreement may be executed in counterparts, each of
which so executed shall, irrespective of the date of its execution and delivery, be deemed
an original, and all such counterparts together shall constitute one and the same
instrument.
13. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of
Seller's statement to Buyer (c/o Melissa Morton, City of Dublin, 100 Civic Plaza,
Dublin, California 94568), the purpose being to ascertain if any reimbursements are due
Seller.
Purchase & Sale Agreement
Page 6 of9
<Z of 53
14. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real
property or any improvements thereon, by fire or other casualty, occurring prior to the
recordation of the Deed shall be at the risk of Seller. In the event that loss or damage to
the real property or any improvements thereon, by fire or other casualty, occurs prior to
the recordation of the Deed, Buyer may elect to require that the Seller pay to Buyer the
proceeds of any insurance which may become payable to Seller by reason thereof
IS. EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge that this
transaction is a negotiated settlement in lieu of condemnation. Seller hereby waives any
and all claims to any money on deposit in said action and further waives all attorney's
fees, costs, disbursements, and expenses arising out of any potential known or unknown
issues relating to condemnation or inverse condemnation.
16. CONTINGENCY. It is understood and agreed between the parties hereto that the
completion of this transaction, and the escrow created hereby, is contingent upon the
specific acceptance and approval of the Buyer herein. The execution of these documents
and the delivery of same to Escrow Agent constitute said acceptance and approval.
The terms and conditions, covenants, and agreements set forth herein shall apply
to and bind the heirs, executors, administrators, assigns and successors of the parties
hereto.
This Agreement contains the entire agreement between both parties; neither party
relies upon any wartanty or representation not contained in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the .
day and year set forth hereinabove.
BUYER:
City of Dublin
Attn: Melissa A. Morton
100 Civic Plaza
Dublin, CA 94568
FAX: 925-829-9248
cc:
Meyers, Nave, Riback, Silver & Wilson
555 lih Street, Suite 1500
Oakland, CA 94607
FAX: 510-808-2000
Purchase & Sale Agreement
Page 7 of9
q (Jf 5'3
SELLERS:
Green Bear, a CA LLP
Susan J. Plisskin
Lawrence J. Plisskin
James E. Lange Trustee of the Lange Family
Elinor J. Lange, Trustee of the Lange Family
Steven Martin Goldman, Trustee of the Steven
Martin Goldman and Judith Lerer Goldman
Revocable Trust and Trustee as to the undivided
14 interest formerly vested In Michael Hilde
Judith Lerer Goldman, Trustee ofthe Steven Martin
Goldman and Judith Lerer Goldman Revocable
Trust
IN WITNESS WHEREOF, the parties have signed this Agreement this
day of , 2006.
"BUYER"
CITY OF DUBLIN
By
ATTEST
By
RECOMMENDED FOR APPROVAL:
By
Purchase & Sale Agreement
Page 8 of9
100/53
"SELLERS"
GREEN BEAR, a California Limited
Liability Partnership I (j/]
By: '~),__g~
Name:-Y~ ( C, tlfkL -r WtA<:? O~,J
Title: rt[,ii). ~ ~~eN, eW,.rerv
,SUSAN J. PLISSKIN
LAWRENCE J. PLISSKIN
JAMES E. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996;
ELINOR J. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996
STEVEN MARTIN GOLDMAN, Trustee of
the Steven Martin Goldman and Judith Lerer
Goldman Revocable Trust dated May 19, 1994
JUDITH LERER GOLDMAN, Trustee of the
Steven Martin Goldman and Judith Lerer Goldman
Revocable Trust dated May 19, 1994
STEVEN MARTIN GOLDMAN, Trustee as to
the undivided Y4 interest formerly vested In Michael
Hilde, et ux
Purchase & Sale Agreement
Page 9 of9
"SELLERS"
GREEN BEAR, a California Limited
Liability Partnership
By:
Name:
q
LAWRENCE J. PLISSKIN
JAMES E. LANGE, Trustee of the Lange Family
Trust dated January 16,1996;
ELINOR J. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996
STEVEN MARTIN GOLDMAN, Trustee of
the Steven Martin Goldman and Judith Lerer
Goldman Revocable Trust dated May 19, 1994
JUDITH LERER GOLDMAN, Trustee of the
Steven Martin Goldman and Judith Lerer Goldman
Revocable Trust dated May 19, 1994
STEVEN MARTIN GOLDMAN, Trustee as to
the undivided 'l4 interest formerly vested In Michael
Hilde, et ux
II of 53
....
Purchase & Sale Agreement
Page 9 of9
/~oftS3
"SELLERS"
GREEN BEAR, a California Limited
Liability Partnership
By:
Name:
Title:
SUSAN J. PLISSKIN
---:z::- "J. / t-~
LAWRENCE J. PrtfSSKIN
JAMES E. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996;
ELINOR J. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996
STEVEN MARTIN GOLDMAN, Trustee of
the Steven Martin Goldman and Judith Lerer
Goldman Revocable Trust dated May 19,1994
JUDITH LERER GOLDMAN, Trustee ofthe
Steven Martin Goldman and Judith Lerer Goldman
Revocable Trust dated May 19,1994
STEVEN MARTIN GOLDMAN, Trustee as to
the undivided Y4 interest formerly vested In Michael
Hilde, et ux
Purchase & Sale Agreement
Page 9 of9
/3of5:3
"SELLERS"
GREEN BEAR, a California Limited
Liability Partnership
By:
Name:
Title:
SUSAN J. PLISSKIN
LAWRENCE J. PLISSKIN
{
STEVEN MARTIN GOLDMAN, Trustee of
the Steven Martin Goldman and Judith Lerer
Goldman Revocable Trust dated May 19, 1994
JUDITH LERER GOLDMAN, Trustee of the
Steven Martin Goldman and Judith Lerer Goldman
Revocable Trust dated May 19,1994
STEVEN MARTIN GOLDMAN, Trustee as to
the undivided Y4 interest formerly vested In Michael
Hilde, et ux
Purchase & Sale Agreement
Page 9 of9
"SELLERS"
GREEN BEAR, a California Limited
Liability Partnership
By:
Name:
Title:
SUSAN J. PLISSKIN
LAWRENCE J. PLISSKIN
JAMES E. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996;
ELINOR J. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996
M
EVEN MARTIN GOLD
the Steven Martin Goldman d Judith Lerer
Goldman Revocable Trust dated May 19,1994
CJ~~~
TTH LERER GOLDMAN, Trustee of the
Steven Martin Goldman and Judith Lerer Goldman
Revocable Trust dated May 19, 1 94
ENMARTINGOLD AN,
the undivided Y4 interest formerly
Hilde, et UK
/'-fof 53
Purchase & Sale Agreement
Page 9 of9
/5 of 5 3
RECORDING REQUESTED BY:
The City of Dublin
AND WHEN RECORDED MAIL TO:
City of Dublin
100 Civic Center
Dublin, California 94568
Attn: Steve Yee
)
)
)
)
)
)
)
)
)
)
)
NO DOCUMENTARY TRANSFER
T p.:x DUE
APN: 941-0205-036
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged, Green Bear, a California
Limited Partnership, Susan J. Plisskin, Lawrence J. Plisskin, James E. Lange and Elinor J. Lange, Trustees
of the Lange Family Trust dated January 16, 1996, Steven Martin Goldman and Judith Lerer Goldman,
Trustees of the Steven Martin Goldman and Judith Lerer Goldman Revocable Trust dated May 19, 1994,
and Steven M. Goldman, Trustee as to the undivided 1'4 interest formerly vested In Michael Hilde, et ux
(hereinafter collectively "Grantors") hereby grant to the City of Dublin, a public entity ("Grantee") all that real
property located in the City of Dublin, County of Alameda, State of California, described in Exhibits A and B
attached hereto and incorporated herein.
IN WITNESS WHEREOF, Grantors have executed this Grant Deed as of
,200_.
GRANTORS:
GREEN BEAR, a California Limited
Uability Partnership ~
By _~ JJ;a
Name: \41(lff(v'1 ) Wl(h70~
Title: flitS. 1 r,1e:-N f tI fL:i N l!il
ATTAUIDIENT ,A.
io t:lte AGI!j;E./1tEWT
GRANTORS:
LAWRENCE J. PLlSSKIN
JAMES E. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996;
ELINOR J. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996
STEVEN MARTIN GOLDMAN, Trustee of
the Steven Martin Goldman and Judith Lerer
Goldman Revocable Trust dated May 19,1994
JUDITH LERER GOLDMAN, Trustee of the
Steven Martin Goldman and Judith Lerer Goldman
Revocable Trust dated May 19,1994,
STEVEN MARTIN GOLDMAN, Trustee as to
the undivided ~ interest formerly vested In Michael
Hilde, et ux
J
j
/
- 7'
/~ of 53
-2-
17 of 53
GRANTORS:
SUSAN J. PLlSSKIN
~~ V;?-~-'
LAWRENCE J. PLlSSKI . '
JAMES E. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996;
ELINOR J. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996
STEVEN MARTIN GOLDMAN, Trustee of
the Steven Martin Goldman and Judith Lerer
Goldman Revocable Trust dated May 19,1994
JUDITH LERER GOLDMAN, Trustee of the
Steven Martin Goldman and Judith Lerer Goldman
Revocable Trust dated May 19,1994,
STEVEN MARTIN GOLDMAN, Trustee as to
the undivided X interest formerly vested In Michael
Hilde, et ux
-2-
/<l,oI'53
GRANTORS:
SUSAN J. PLlSSKIN
LAWRENCE J. PLlSSKIN
~k
JAMES E. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996;
i
STEVEN MARTIN GOLDMAN, Trustee of
the Steven Martin Goldman and Judith Lerer
Goldman Revocable Trust dated May 19, 1994
JUDITH LERER GOLDMAN, Trustee of the
Steven Martin Goldman and Judith Lerer Goldman
Revocable Trust dated May 19, 1994,
STEVEN MARTIN GOLDMAN, Trustee as to
the undivided ~ interest formerly vested In Michael
Hilde, et ux
-2-
/q of 6'3
GRANTORS:
SUSAN J. PLlSSKIN
LAWRENCE J. PLlSSKIN
JAMES E. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996;
ELINOR J. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996
~~~LA~
J DITH LERER GOLDMAN, Trustee of the
Steven Martin Goldman and Judith Lerer Goldman
Revocable Trust dated May 19, 1994,
. Trustee as to
erly vested In Michael
-2-
~o 01 53
Certificate of Acknowledqment
State of California )
/7/_ ) 55.
County of /7'/d/JJpdd -' )
On this~ day OhJaIW4"9" ' 2000, before me, ~ ~ 7h~..._.s ,
the undersigned Notary Public, p rsonally appeared b II' r I/J d tit
personally known to me, or proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument; and he/she acknowledged to me that he/she
executed the same in his/her authorized capacities, and that by nislher signatures on the
instrument the person, or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
~ jJ rJ~
N ary Public
I@---~:==~~'
J -.-.~ I
Alameda COUnty -
MvComm. ExpIres Mar 1 a. 2
4lI_4._41~_____ri
;2/0/53
Certificate of Acknowledoment
State of O/Je.:.1 or..) )
) ss.
County of Ccos )
On this /'1 tlot day of 'T1t#u4~ 200je, before me,l.4wllll.rV(!: F: F/wwea.!J,,) ,
the undersigned Notary Public, persOnally appeared SUSAN J. PLlSSKIN, personally known to
me, or proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument; and he/she acknowledged to me that he/she executed the
same in his/her authorized capacities, and that by his/her signatures on the instrument the person,
or elJ.ttty upon behalf of which the person acted, executed the instrument.
WITNffSS y hand an officia al.
i I ,-. '
I _ OFFICIAL SEAl
LAWRENCE F FINNERAN
No : \ NOTARY PUBLIC. OREGO.N
"" ./ COMMISSION NO. 367973
'. 1IY toIIIlISSlGII EXPlIIES _ 4. .1
~ J of 5'3
Certificate of Acknowledoment
State of California
)
) ss.
)
County of /9/ampcl ~
On this~ day of \.Ja'/7ljl2~ ,200&', before me, \oM!?/) H Tk/J?C75' ,
the undersigned Notary Public, pers nally appeared LAWRENCE J. PLlSSKIN, personally known
to me, or proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument; and he/she acknowledged to me that he/she executed the
same in his/her authorized capacities, and that by his/her signatures on the instrument the person,
or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
N~~J~
1~-1t~dft~~~---~1t,
-e C='~0I2
I -_.- I
AIamedo Countv -
Mveo;:+~18'~
_4:1~J~t.. ~~_
Certificate of Acknowledqment
;J30+53
State of California )
.11 C j ) ss.
County of ~ /11 t? (PI' a )
On thisllday of \')0(;111 t1til-b, 200&, before me, L if r:i' ILv p, R~5,
the undersigned Notary Public, personally appeared JAMES E. LANGE, personally known to me,
or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument; and he/she acknowledged to me that he/she executed the same in his/her
authorized capacities, and that by his/her signatures on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
~U"))M-V~if
N Pu'c
J".' .. ,. 'LUCILLE P.' FLORES ...~
iii Camm. # 1351409
\ll NOTARY PUBlIC,CAlIFORNlA Ul
) " , Alameda Counly -
) "E. My Comm. expires April 15.2005 ...
~~r J f
~ ~ , ~
~ '2--:r.' ~'9 -S"1o f 6
,7'-fo['S-?:
Certificate of Acknowledqment
State of California )
I~ j ~ . ~ ~ ) ss.
Countyof~ )
On this~dayof( )(:HU1()d~ ,200ltz, before me, L.u&t,llo~ P Fl{)rPS ,
the undersigned Notary Public, personally appeared ELINOR J. LANGE, personally known to me,
or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument; and he/she acknowledged to me that he/she executed the same in his/her
authorized capacities, and that by his/her signatures on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
~eu.(jh-CA 4!JLV-;y-
N ta u lie
. LUCILLE P. FLORES · ~
in . . Comm. # 1351409
Ill" NOTARY PUBLIC-CALIFORNIA rn
Alameila County -
My Comm. expires April 16. 2006 ..
Cj2-.C;; - ~2Q~rd
r2~ of 53
Certificate of Acknowledqment
State of California )
County of mId}!! 0;,0- l ss.
On this ~ day of , 2ook, before me,
the undersigned Notary blic, pers ally appeared STEVEN MARTIN GO MAN, personally
known to me, or proved t() me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument; and he/she acknowledged to me that he/she executed the
same in his/her authorized capacities, and that by his/her signatures on the instrument the person,
or entity upon behalf of which the person acted, executed the instrument
WITNESS my hand and offig~1 seal.
\ .
/tu (4)
@ ICRIS11NEQMCIr.
CommIIIIon .1~7
NoIaIy NIle . CaIIfomIa
ContIa CoIta Counlv
Mveomm. ExpRa Dee 9. 200
;u//of 5'3
Certificate of Acknowledament
State of California )
) ss.
County )
On this tJ!i day of ,200(&, before me, j<o-vir:+;.,e Ga~.;o
the undersigned Nota ublic, pe onally appeared JUDITH LERER GOLDMAN, personally
known to me, or prav (j to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument; and he/she acknowledged to me that he/she executed the
same in his/her authorized capacities, and that by his/her signatures on the instrument the person,
or entity upon behalf of which the person acted, executed the instrument.
~ ~a~.lf11M7
NDbyNllo -ell'"
ConIla Colla c:our.,
_eomm.__Dlc9.
;'70153
Certificate of AcknowledQment
State of California )
County of (j}!lL1/?1 ()W ~ ss.
On this 11fi. day of , 20~, before me, {LY' i sfr'n e G-t<Y CIa
the undersigned Nota ublic, pei nally appeared STEVEN MARTIN GOLDMAN, personally
known to me, or proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument; and he/she acknowledged to me that he/she executed the
same in his/her authorized capacities, and that by his/her signatures on the instrument the person,
or entity upon behalf of which the person acted, executed the instrument.
~
~
19 of S-3
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF DUBLIN hereby accepts for public purposes the
real property described in the within instrument and consents to the recordation thereof.
CITY OF DUBLIN
By
City Manager
This document is for the benefit of the City of Dublin, a public body corporate and politic, of
the State of California. Request for recordation without fee is made in accordance with Section
6103 of the Government Code of the State of California.
Attest:
City Clerk
STATE OF CALIFORNIA
SS
COUNTY OF ALAMEDA
On this _ day of ,200_, before me, , the
undersigned Notary Public, personally appeared CITY
MANAGER OF THE CITY OF DUBLIN, personally known to me to be the person whose name is
subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature, the entity upon behalf of which he acted executed
the instrument.
WITNESS my hand and official seal.
Notary Public, State of California
t:l9 t/f 53
RESOLUTION NO. 24 - 87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
******~**.*********~******
RELATED TO THE DESIGNATION OF OFFICERS AUTHORIZED
TO ACCEPT AND DIRECT RECORDATION OF DEEDS
.WHEREAS, the City Council is desirous of developing an
efficient mechanism for the acceptance of deeds; and
WHEREAS, Section 27281 of the California Government Code
(CGC) requires that deeds or grants conveying any interest in or
easement upon real estate to a governmental agency for public
purposes mus~ meet speci~ic requirements;' and
WHEREAS, the requirements include evidence of a
certificate or resolution of acceptance attached to the -deed or
grant prior to recordation; and
WHEREAS, Section 27281 provides that a gove~nmental
agency may authorize one or more officers by general resolution to
accept and oonsent to .such deeds or grants.
NOW, THEREFORE, BE IT RESOLVED that the City Counoil of
the City of Dublin, pursuant to Section 27281 (CGC), does hereby
authorize the City Manager and/or the City Engineer to ,accept and
consent to such deeds or grants , conveying any interest in or
easement upon real estate, on behalf of the City of Dublin.
1987.
PASSED, APPROVED AND ADOPTED this 13th day of April,
AYES: Councilmembers Hegarty, Moffatt, Snyder,
Vonheeder and Mayor Jeffery
NOES: None
.l::.BSENT: None
0d2,
~~
MaYjrl / '
AT?k:dv-bl 0 ~
City Clerk'...)
30 of 53
FEE ACQUISITION
APN No. 941-0205-036
Exhibit "A"
All that real property situate in the City of Dublin, County of Alameda, State of California, being a
portion of Parcel One described in that certain document recorded on July 16, 2001 in Document
No: 2001250985, Alameda County Records,
Also being a portion of PARCEL B as shown on that certain map entitled "PARCEL MAP 2695",
filed for record on December 22, 1978 in Book 107 of Parcel Maps at Page 51, Alameda County
Records, more particularly described as follows:
BEGINNING at the northeast corner of said PARCEL B;
Thence along the general easterly line' of said parcel, South 01 013'02" West, 52.99 feet to the
northerl y line of PARCEL A as shown on said map;
Thence leaving said general easterly line, and along last said line, North 88046'58" West, 47.47
feet to the westerly line of said PARCEL A;
Thence leaving said northerly line, and along last said line, South 01013'02" West, 13.60 feet;
Thence leaving said westerly line of Parcel A and across said PARCEL B the following seven (7)
courses:
1) South 55048' 18" West, 143.22 feet to the beginning of a curve to the right having a radius
of 846.00 feet;
2) Thence along said curve, through a central angle of 7017' 34", for an arc length of 107.68
feet to a compound curve to the right having a radius of 72.00 feet;
3) Thence along said curve, through a central angle of 23028'43", for an arc length of 29.50
feet;
4) Thence South 86034'35" West, 32.70 feet to the beginning of a curve to the left having a
radius of 100.00 feet; -
5) Thence along said curve, through a central angle of 17021 '29", for an arc length of 30.30
feet to a reverse curve to the right having a radius of 824.00 feet;
Exhibit "A"
Page 1 of 2
EXHIBIT
A.
-6 0 """he. GMlJ7 '))CE/)
? / of 5-:::
6) Thence along said curve, through a central angle of 1030'23", for an arc length of 21.66
feet to a reverse curve to the left having a radius of 39.20 feet;
7) Thence along said curve, through a central angle of 32053'23", for an arc length of 22.50
feet to the northwesterly line of said PARCEL B, the beginning of a non tangent curve to
the right, having a radius of 50.00 feet, from which point a radial line bears South
55034'34" East;
Thence along said northwesterly line, along sald curve, through a central angle of 35039'27", for
an arc length of 31.12 feet to the beginning of a curve to theleft, having a radius of 850.00 feet;.
Thence continuing along said northwesterly line, the following two (2) courses:
1) Along said curve, through a central angle of 14048'02", for an arc length of 219.57 feet;
2) North 55016'51" East, 206.90 feet to the POINT OF BEGINNING of this description.
Containing an area of 9,594 square feet, 0.22 acres more or less.
A plat showing the above-described parcels is attached herein and made a part hereof as Exhibit
"B".
This description was prepared by me or under my direction in conformance with the Professional
Land Surveyors Act.
~
Randall L. Heiken, LS 5756
License Expires 6/30/2006
KlM.~12OO 1'20016110Z.10\lEGALIGREEN_BEAR.doc
Dated:R( - o4--ofo
Exhibit "A"
Page 2 of 2
32. of ~
!i
11II
~
BASIS OF BEARINGS Y
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
7" - saUARE FEET
,/
. ~.~Q
/~~~~
,/ O~V~
~ ~ ~<v
~~ ClO ~ POB
/' Q~T, '\
,/
/
. FEE ACQUISITION
DOC. NO. 2002598974
APN: 941-0205-009-08
,/
/
N 88'46'58". W
47.47'
.
N-
00>
- 0>
ro') .
rN
~lC'J
o
CIl
PARCEL 1
. DOC. NO. 94268159
APN: 941-0550-009-11
,/
FEE ACQUISI1lON
9,594 sq. ft. :I:
. 0.22 acres :I:
PARCEL A
J07 M 5J
DOCH.2000076438
APN: 941-0205-37
PARCEL B
J07 M 5J
LINE
L1
L2
PARCEL TWO
EASEMENT FOR COMMON AREA
OVER PARCEL A - 107 M 51
DOC. NO. 2001250985
LINE TABLE
SEARING
S 01'13'02" W
S 86'34'35" W
LENGTH
13.60'
32;70'
PARCEL ONE
DOC. NO, 2001250985
APN: 941-0205-36
~.;~~Bkf
.t~.'
~I.II
4780 CHABOT pRIVE
SUITE 104
PLEASANTON. CA 94588
925-396-7700
925-396-7799 (FAX)
SUbL'ect EXHIBIT "B"
DUB IN BLVr
Job No , 20C DVDlDIT
By RL lli\.D.ID
B.
II ,1IItJ!U_IP~
Kl~rOl\D1&O02\D.Q\olo. ts\
AIl.ciWQ 0/23/2004 ._9 PH DT
-to t:Ite. (;;eMlr l;e;e./J
{I
....
~
DOC# 02-598974
APN: 941-0205-009-08
,/
/
...--
,/
~"..~Q
~\.o~
/' <QO (S)
~ ~V~ ~\)~
~ Q'V ,,00
'00 ~
...~IQ' ,~~
".v 1 .
~.,. 1"" 10'0
~ '01'
o?'
'V
~
...--
FEE ACQUISITION
oS' 9J.594 sq. ft. :I:
.........SS. u.22 acres :I:
......... ;J''9!'
~'9!" LANDS OF GREEN BEAR
"- ~ ~ C4"/ / A CALIFORNIA LIMITED LIABILITY COMPANY
/' ./':: 'i;)<J,q, ,\0
/' /' o~ ~.:,o"\\o~ LINE
/' _~~'O "r:}'ic,~ PARCEL B L1
-/ ,'0 ~~ /' ~.:~\.~~ J01 M 5J L2
~ s-..~'\o.\::;-0
s~~
~.....
PARCEL ONE
DOC. NO. 200150985
APN: 941-0205-36
LINE TABLE
BEARING
S 01i3'02" W
S 86'34'35" W
CURVE TABLE
RADIUS DELTA
72.00 23'28'43"
100.00 17'21'29"
824.00 1'30'23"
39.20 32'53'23"
50.00 35'39'27"
---
CURVE
C1
C2
C3
C4
C5
---
---
14.00'
DUI3I../N C
66' OU~.,.
~Dt (j)
---
---
33of5'3
/'
/
/'
/'
/.
. ~
.,,'0
f.ib<'O'1-i
s I'j ,\b<':>'
LENGTH
13.60'
32.70'
LENGTH
29.50'
30.30'
21.66'
22.50'
31.12'
---
---
BkJ
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 6/24/04 Chkd.CK
SHEET 2 OF 2
II ...... IP..-
KI'~r01'01hDD~\n.n\nlQt..'r,RF"F"N llF"AR.dtm G/?3/?0Q.4 ?146149 PM PDT
3'1 of 53
RECORDING REQUESTED BY:
The City of Dublin
AND WHEN RECORDED MAIL TO:
City of Dublin
100 Civic Center
Dublin, California 94568
Attn: Steve Yee
NO DOCUMENTARY TRANSFER
TAX DUE
APN: 941-0205-036
.
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
Green Bear, a California Limited Partnership, Susan J. Plisskin, Lawrence J. Plisskin, James E.
Lange and Elinor J. Lange, Trustees of the Lange Family Trust dated January 16, 1996, Steven Martin
Goldman and Judith Lerer Goldman, Trustees of the Steven Martin Goldman and Judith Lerer Goldman
Revocable Trust dated May 19, 1994, and Steven M. Goldman, Trustee as to the undivided }4 interest
formerly vested In Michael Hilde,et ux( hereinafter collectively "Grantors") hereby grant to the City of
Dublin, a Municipal Corporation ("City"), a temporary construction easement ("TCE") on, over and across
certain real property owned by the Grantors, more commonly known as APN 941-0205-036, and more
particularly described in Exhibits "A" and liB," attached hereto ("Easement Area"), for the purpose of
constructing the City's Capital Improvement Program (CIP) Project No. 96852, Dougherty Road
Improvements - Houston Place to 1-580, with Scarlett Court Access to Dublin Boulevard Limited to Right
Turn Out Only, and Right Turn from Dublin Boulevard to Scarlett Court Eliminated ("Project").
Under this TCE, City's use of the Easement Area shall be exclusive. As a result, City, from time to
time, may exclude persons or other uses of all or a portion of the Easement Area if, in City's sole discretion,
the presence of said persons. or other uses would be hazardous or would hinder City's activities related to
the Project.
ArrAUBHENT !.
-t,o -tlte /tQA$.E/I1bNT
31Jo!51
This temporary easement shall commence on August 1, 2006, and shall expire not later than
sixteen (16) months thereafter or on the completion of construction, whichever shall first occur.
GRANTORS acknowledge that they have received compensation from City for the TCE.
At the completion of the Project, City agrees to restore the Easement Area to its original condition
as reasonably possible.
CITY shall indemnify and hold Grantors harmless from any liability for injuries or damage resulting
.from the acts of City's agent, employees or contractors on the Easement Area pursuant to this TeE.
IN WITNESS WHEREOF the parties hereto have executed this Grant of Temporary Construction
Easement as of the date set forth next as follows:
GRANTORS:
GREEN BEAR, a California Limited
Liability Partnership
11ly1flL
BY:,I .--- I "
Name: 111 tt/!ha., .-;1 ,414'-7i)vJ
Title: Ifk~. ~1 C~eN /llt4--";/:''"([
SUSAN J. PLlSSKIN
LAWRENCE J. PLlSSKIN
-2-
3ft, of. 53
This temporary easement shall commence on August 1, 2006, and shall expire not later than
sixteen (16) months thereafter or on the completion of construction, whichever shall first occur.
GRANTORS acknowledge that they have received compensation from City for the TCE.
At the completion of the Project, City agrees to restore the Easement Area to its original condition
as reasonably possible.
CITY shall indemnify and hold Grantors harmless from any liability for injuries or damage resulting
.from the acts of City's agent, employees or contractors on the Easement Area pursuant to this TeE.
IN WITNESS WHEREOF the parties hereto have executed this Grant of Temporary Construction
Easement as of the date set forth next as follows:
GRANTORS:
GREEN BEAR, a California Limited
Liability Partnership
By:
Name:
-'l'
.7
LAWRENCE J. PLlSSKIN
- 2-
-:j7 ~f 5'3
This temporary easement shall commence on August 1, 2006, and shall expire not later than
sixteen (16) months thereafter or on the completion of construction, whichever shall first occur.
GRANTORS acknowledge that they have received compensation from City for the TCE.
At the completion of the Project, City agrees to restore the Easement Area to its original condition
as reasonably possible.
CITY shall indemnify and hold Grantors harmless from any liability for injuries or damage resulting
.from the acts of City's agent, employees or contractors on the Easement Area pursuant to this TCE.
IN WITNESS WHEREOF the parties hereto have executed this Grant of Temporary Construction
Easement as of the date set forth next as follows:
GRANTORS:
GREEN BEAR, a California Limited
Liability Partnership
By:
Name:
Title:
SUSAN J. PLlSSKIN
~ t)~z--=
LAWRENCE J. PLlSSKIN
- 2 -
3'3 of ~3
JAMES E. LANGE, Trustee of the Lange Family
Trust dated January 16,1996;
STEVEN MARTIN GOLDMAN, Trustee of
the Steven Martin Goldman and Judith Lerer
Goldman Revocable Trust dated May 19, 1994
JUDITH LERER GOLDMAN, Trustee of the
Steven Martin Goldman and Judith Lerer Goldman
Revocable Trust dated May 19,1994,
STEVEN MARTIN GOLDMAN, Trustee as to
the undivided y,. interest formerly vested In Michael
Hilde, et ux
- 3 -
3 q I} f 5~
GRANTORS:
JAMES E. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996;
ELINOR J. LANGE, Trustee of the Lange Family
Trust dated January 16, 1996
ITH LERER GOLDMAN, Tr stee of the
Steven Martin Goldman and Judith Lerer Goldman
Revocable Trust dated May 19,1994,
TEVEN MARTIN GOLDMAN
the undivided 14 interest form
Hilde, et ux
-3-
4-0 ()f 53
Certificate of Acknowledoment
State of California )
) ss.
County of ~/4m~d<<- )
On this ~ day of JaIU/a/'l( ,2000, before me, .JOt?/} I/. 7"h:JmrJ$
the undersigned Notary Public, personally appeared /lI.c/JrJel"r .41tJtI&II
personally known to me, or proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instrument; and he/she acknowledged to me that he/she
executed the same in his/her authorized capacities, and that by his/her signatures on the
instrument the person, or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
~jilJ~
N ry Public
1,,- ~ - - :=::2-'
I Notary PubIlc . CaIlfomIo
AIamecIa County -
MvComm. ExpIres Mar 1'.
---4----__~_z:t
'flof63
Certificate of Acknowledqment
State of 0 R.~('f0 )
) ss.
County of C~s )
On this /1 ~ day of ArvW.ff~ , 200~, before me, L4w tl.ErJt.li F F'NlflefI/JrJ
the undersigned Notary Public, p r onally appeared SUSAN J. PLlSSKIN, personally known to
me, or proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument; and he/she acknowledged to me that he/she executed the
same in his/her authorized capacities, and that by his/her signatures on the instrument the person,
or entity upon behalf of which the person acted, executed the instrument.
~. N~E 58 m ny hand and offi . I seal
\L ~-
otary Public f"l't Oa.e~"'"J
_ OFFlCIALSEAL
LAWRENCE F FINNERAN
. i NOTARY PUBLIC. OREGON
\. ./ COMMISSION NO. 367973
. . . MY COMMISSION EXPIRES JUNE 4. 2011
4'2oF52
Certificate of Acknowledoment
State of California
)
) ss.
)
County of A7,h/.1?t""ttd___
On this ~day of V~Vual/'tI , 200~, before me, ....Ed/) /7 77J~mdg ,
the undersigned Notary Public, persClnally appeared LAWRENCE J. PLlSSKIN, personally known
to me, or proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument; and he/she acknowledged to me that he/she executed the
same in his/her authorized capacities, and that by his/her signatures on the instrument the person,
or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
~~ L1v~
tary Public
J.--~-~:!~---I
~ eom.~~~0I2
I Natary PuI:lllc . COIIfomIa
Alameda COlI'lty -
4. ~ _ ~~:..~_~1~~
t-f 2, of. 5 -3
Certificate of Acknowledoment
State of California )
.Ilfl ,..11 )ss.
County of .1:('((1 VI! /J-a{l....J )
On this J2L day of ~Qj1 J J LA ,,*-, 200.i?, before me, Li.A.e"; ElL ? FLor~5
the undersigned Notary Public, personally appeared JAMES E, LANGE, personally known to me,
or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument; and he/she acknowledged to me tliat he/she executed the same in his/her
authorized capacities, and that by his/her signatures on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
~Vi~UV!~'7'
N0tary ublic
J@ LUCILLE P. FLORES (
in Comm. # 1351409
VI NOTARY PU81fC.CAUFOlIHrA m
AI.med. eoUlty -
My C4mm. hplre. April 15, 2006 ""
q'~c;- 't2q-5(O{ b
Certificate of Acknowledqment
State of California )
111) , ) ss.
County of --!:fILlm fJa(L- )
On this 2?L day of dQ~qllay-~, 200jR, before me, ) D(~ (/o->{J, ~-eS ,
the undersigned Notary Public, perSbnally appeared ELINOR J. LANGE, personally known to me,
or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument; and he/she acknowledged to me that he/she executed the same in his/her
authorized capacities, and that by his/her signatures on the instrument the person, or entity upon
behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
~;-4)1 ~ Yl \ WtJ1 f1--r
ary ublic
j-
_ LUCILLE P. FLORES 001
(j) Comm.#1351409 <
NOTARy PUBLIC. CALIFORNIA
) Alameda County -
~. , My Cumm. E%piru Apri1l5.2006 ....
C]-z.,S ~Jj-iq':'f30lC/
'f'-f of:. 5'3
'1 5 o{ 5 ?.
Certificate of Acknowledqment
State of California )
j'ko!7 ) ss.
County otpA:fJtL G$~ )
On this m day of. , 200~ before me, /C=:V i s-f;nc (;aru'ct
the undersigned Nota Public, p on ally appeared STEVEN MARTIN GOLDMAN, personally
known to me, or pro ed to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument; and he/she acknowledged to me that he/she executed the
same in his/her authorized capacities, and that by his/her signatures on the instrument the person,
or entity upon behalf of which the person acted, executed the instrument.
_ _4MIlC*
_ Co<M "..'f- .1...,
HDIaIy N:IIC . C . u11la
c:cna Colla CoIIlIf
Mveomm.....Dlc9.
4(Po(53
Certificate of AcknowledQment
State of California)
countYOf~ &J-P ~ ss.
On this.l1i!!.- day of ,20~J? before me, r-vi sfittt' C~td~
the undersigned Nota ublic, p onally appeared JUDITH LERER GOLDMAN, personally
known to me, or proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument; and he/she acknowledged to me that he/she executed the
same in his/her authorized capacities, and that by his/her signatures on the instrument the person,
or entity upon behalf of which the person acted, executed the instrument.
_MICII'
61 Conttril' R .1.t11M1'
i NaIlIIY NlID . ~R lID
CalIIa COlla CoIdr
,..eomm. .....Deo..
'--1-70+53
Certificate of Acknowledqment
State of California )
County Of&vtfw. CoJiz ; ss.
On this ,nf.tt day of '- ,20~, before me, feYI s.-hne Cat/~
the undersigned Nota ublic, p onally appeared STEVEN MARTIN GOLDMAN, personally
known to me, or proved to me on the basis of satisfactory evidence to be the person whose name
is subscribed to the within instrument; and he/she acknowledged to me that he/she executed the
same in his/her authorized capacities, and that by hislher signatures on the instrument the person;
or entity upon behalf of which the person acted, executed the instrument.
4'7: 0 t 53
CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF DUBLIN hereby accepts for public purposes the
real property described in the within instrument and consents to the recordation thereof.
CITY OF DUBLIN
By
City Manager
This document is for the benefit of the City of Dublin, a public body corporate and politic, of
the State of California. Request for recordation without fee is made in accordance with Section
6103 of the Government Code of the State of California.
Attest:
City Clerk
STATE OF CALIFORNIA
)
)
)
SS
COUNTY OF ALAMEDA
On this _ day of , 200_. before me, , the
undersigned Notary Public, personally appeared CITY
MANAGER OF THE CITY OF DUBLIN, personally known to me to be the person whose name is
subscribed to the within instrument i;lnd acknowledged to me that he executed the same in his
authorized capacity, and that by his signature, the entity upon behalf of which he acted executed
the instrument.
WITNESS my hand and official seal.
Notary Public, State of California
L-f'qo~S'3
RESOLUTION NO. 24 - 87
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
**************************
RELATED TO THE DESIGNATION OF OFFICERS AUTHORIZED
TO ACCEPT AND DIRECT RECORDATION OF DEEDS
WHEREAS, the City Council is desirous of developing an
efficient mechanism for the acceptance of deeds; and
WHEREAS, Section 27281 of the California Government Code
(CGC) reguires that deeds or grants conveying any interest in or
easement upon real estate to a governmental agency for public
purposes must meet specific requirements; and
wnEREAS, the requirements include evidence of a
certificate or resolution of acceptance attached to the deed or
grant prior to recordation; and
WHEREAS, Section 27281 provides that a gove~nmental
agency may authorize one or more officers by general resolution to
accept and consent to such deeds or grants.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Dublin, pursuant to Section 27281 (CGC), does hereby
authorize the City Manager and/or the City Engineer to ,accept and
consent to such deeds or grants, conveying any interest in or
easement upon real estate, on behalf of the City of Dublin.
1987.
PASSED, APPROilED AND ADOPTED this 13th day of April,
AYES: Councilmembers Hegarty, Moffatt, Snyder,
Vonheeder and Mayor Jeffery
NOES: None
ABSENT: None
ATm",~'T'.
~- )
. I X; 'l
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City
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May: rl .
SDof 53
TEMPORARY CONSTRUCTION EASEMENT
APN No. 941-0205-036
Exhibit "A"
An that real property situate in the City of Dublin, County of Alameda, State of California, being a
portion of Parcel One described in that certain document recorded on July 16, 2001 in Document
NO. 2001250985, Alameda County Records,
ALSO being a portion of PARCEL B as shown on that certain map entitled "PARCEL MAP
2695", filed for record on December 22, 1978 in Book 107 of Parcel Maps at Page 51, Alameda
County Records, more particularly described as follows:
BEGINNING at the northwest corner of PARCEL A, as shown on said map;
Thence along the westerly line of said PARCEL A, South 01913 '02" West 13.60 feet to the TRUE
POINT OF BEGINNING;
Thence continuing along last said line, South 01013'02" West 6.13 feet;
Thence leaving said westerly line, South 55048' 18" West 14.89 feet;
Thence South 34011 '42" East 3.00 feet;
Thence South 55048' 18" West 56.00 feet;
Thence North 34011'42" West3.00 feet;
Thence South 55048' 18" West 68.77 feet to the beginning of a curve to the right having a radius of
851.00 feet;
Thence along said curve, through a central angle of 7017'34", for an arc length of 108.32 feet to a
point of compound curvature, having a radius of 77.00 feet;
Thence along said compound curve, through a central angle of 23028'43", for an arc length of
31.55 feet;
Thence South 86034'35" West 32.70 feet to the beginning of a curve to the left having a radius of
95.00 feet;
Thence along said curve, through a central angle of 17021 '29", for an arc length of 28.78 feet to a
point of compound curvature having a radius of 829.00 feet;
Thence along said compound curve, through a central angle of 1 030'23", for an arc length of 21.80
feet to a point of compound curvature, having a radius of 34.20 feet:
Exhibit "A"
Page 1 of 2
EXUlT A.
i () -bite. 71E /11,f'oM I€..l.(
CD/V~TIl"".J MSGme,vr
5/ of 53
Thence along last said compound curve, through a central angle of 32053'23", for an arc length of
19.63 feet;
Thence North 52009'54" West 5.00 feet to the beginning of a non-tangent curve to the right,
having a radius of 39.20 feet, to which poinfa radial line bears South 52009'54" East;
Thence along said curve, through a central angle of 32053'23", for an arc length of 22.50 feet to a
point of compound curvature, having a radius of 824.00 feet;
--
Thence along said curve, through a central angle of 1030'23", for an arc length of 21.66 feet to a
point of compound curvature, having a radius of 100.00 feet;
Thence along last said compound curve, through a central angle of 17021 '29", for an arc length of
30.30 feet;
Thence North 86034'35" East 32.70 feet to the beginning of a curve to the .left, having a radius of
72.00 feet;
Thence along said curve, through a central angle of 23028'43", for an arc length of 29.50 feet to a
point of compound curvature, having a radius of 846.00 feet;
Thence along said compound curve, through a central angle of 7017'34", for an arc length of
107.68 feet;
Thence North 55048' 18" East 143.22 feet to the TRUE POINT OF BEGINNING.
Containing an area of 2,093 square feet, 0.05 acres more or less.
The Temporary Construction Easement, described above, to terminate upon completion of
construction, for the purposes and incidents thereto over, under, upon and across the above
described parcel.
A plat showing the above-described parcels is attached herein and made a part hereof as Exhibit
"B".
This description was prepared by me or under my direction in conformance with the Professional
Land Surveyors Act.
. ~:......;c~-~'...
B~,~
License Expires 6/30/2006
K:\Main\2001\20016002-10\lEGAL\GREEN_BEAR_ TCE_8_bmdoc
Dated: fA/1/" ~ ~s
Exhibit "A"
Page 2 of 2
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TEMPORARY CONSTRUCTION EASEMENT
t BASIS OF BEARINGS / /
THE BEARING N q2'48'00" WEST, THE MONUMENT LEGEND./
,_ LINE ON DOUGHERTY ROAD, BETWEEN FOUND APN - ASSESSOR PARCEL NUMBER./'/ ./
MONUMENTS AS SHOWN ON THE MAP ENTITLED OR - OFFICIAL RECORDS . ./
"PARCEL MAP 1043" FILED FOR RECORD ON P.O.B. - POINT OF BEGINNING ././ ./
... SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80 sq. ft. - SQUARE FEET ./ ./
~ OF PARCEL MAPS AT PAGE 29, IS USED AS THE T.P.O.B, - TRUE POINT./ ./ (
BASIS OF BEARINGS FOR THIS PLAT. OF BEGINNINg.... ./ \
./ ./
/ ././ ././ "A
/./ /F }<y
./ - '/ ~
" ./ '\ ~~ ~ ~
/' ./ /' ~ ,(.,,'0,
,., ././ # <(..\ ~ ,~'O 00
,/ ././ ,,'0 r "" "ry~ ~'O.
./ ././ f.i~7 ",? s <S>
,/" ././ ~> ~ -'?t \ dJ<(..~<(..~"\
"./ ./ /' / /_.\ \ "'<:>0
~~'\> /'"./ ./ ./ / /;<i ...' \<v't'
,..,.,/ ~"'~ ry<J..~ /"\0 ./ / 1;~'O..(~ \
/' ,.~'V o~ ~":l~Q~ ./ /~~ ry '0'0' \
./.... ....\ ~P <S) 9'0 0'xx'<J ',/ //
,.,/' o..V\--..to..o<V 'O~'t'~/<(..i-C;~~/ / ~ \
./ ~v d 't" ~ "c.~ ~ ,. LINE TABLE
./" '\> ,a ./..~"\ !0~ /;. / LINE BEARING LENGTH \
_____.... /r.~~0 Q' c.,0/ / L1 S 01'13'02" W 13.60'
______- ./<(..'?-S 'Y / L2 S 01'13'02" W 6.13'
./ ./ '/ ?' """ / ..-c,' L3 S 55'48'18" W 14.89'
././ /'/' "",,/ ' L4 S 34'11'42" E 3.00'
C?I ././ /' /'~ TEMPORARY L5 N34'11'42" W 3.00'
-:;1 .b L ./ C9 __ ~ """ CONSTRUCTION EASEMENT L6 S 86'34'35" W 32.70'
. 1 ~6 /L8 -t- _ --__",. 2,093 sq. ft. :l: L7 N 52'09'54" W 5.00'
.!it, ~~~~=-+--C2 0.05 acres :l: L8 N 86'34'35" E 32.70'
~I ,;S;~-9 L6 PARCEL 8 CURVE TABLE
U)/c; ~./. J07 M 5J CURVE RADIUS DELTA
(IJ "'G~:/ ./ C1 851.00 7"17'34"
rr~/ LANDS OF GREEN BEAR
;7./ A. CALIFORNIA LIMITED LIABILITY COMPANY C2 77.00 23"28'43"
~>7 ./ C3 95.00 17"21'29"
./ ../ - PARCEL ONE C4 829.00 1"30'23"
/ t!<< lie,.
./ .~ C4',f DOC. NO. 2001250985 C5. 34.20 32'53'23"
./ ;;;r... !! C6 39.20 32'53'23"
... .... APN: 941-0205-036 REFERENCES
$; .,. t< C7 824.00 1"30'23"
C') ~ <D- 107 M 51 C8 100.00 .17"21'29"
~ ~ C9 72.00 23'28' 43"
A\
~ C10 846.00 7'17'34"
't-/4
DOC# 02-598974
APN: 941-0205-009-08
LENGTH
108.32'
31.55'
28.78'
21.80'
19.63'
22.50'
21.66'
30.30'
29.50'
107.68'
~
PARcEL
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