HomeMy WebLinkAbout4.15 Purchase and Sale 6457 Dublin Court
CITY CLERK
File # D[E[O~-[?)[C2]
~ fo10..2D
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 6, 2006
Approval of Purchase and Sale Agreement for Real Property at 6457
Dublin Court for Capitallmprovement Program (ClP) Project No.
96852 - Dougherty Road Improvements, Houston Place to 1-580
Report Prepared by MelissiI A. Morton, Puhlic Works Direcl~
SUBJECT:
ATTACHMENTS:
RECOMMENDATION:t1AJY'
\
~
FINANCIAL STATEMENT:
I)
Resolution approving Purchase and Sale Agreement for a
porhon of 6457 Dublin Court, together with Fxhihit "A",
Agrcement (including Grant Deed and Grant of Temporary
Construction Easement)
Location Map
2)
I)
Adopt the resolution approving the Purchase and Sale
Agreement for a portion of 6457 Dublin Court and acceptmg
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
$180,58300 payahle to Chicago Title Company for deposit
mto escrow
2)
The value of real property (fee and temporary construchon
easement) located at 6457 Dublin Court reqUIred for the UP Project
No. 96852 - Dougherty Road Improvements, Houston Place to
1-580, is $179,450.00. The City's portion of estimated closing cost
for the subject project is $1,133 00 Therefore, the total amount due
at escrow is $180,583.00. The budget for land acquisitions as part of
CIP Project No. 96852 arc paid for through Trame Impact Fees.
DESCRIPTiON: The City of Dublin seeks to widen and improve the Duhlin
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 acqulfe a portion
COpy TO: Andrea G. Stover
~_~~_______________________________W__M~_______________________________________.__M.~________________________
Page I of2
ITEMNO.~
U"\MIS<:P'I{()J\DlIugnerly Kd Imp - Ilollstun to 1-580\Rigllt ot"Vl/ay\IJnil.i::d I{enlal- Lee\agsl P~S agreemcnt.doc
of real property, commonly known as 6457 Dublin Court (APN 941-0550-010-15), owned hy Andrea G.
Stover, fonnerly Andrea G. Lee, as Trustee of the Robert K. Lee Mantal Trust. The City also needs to
acquire a temporary eonstnlction easement along the Dublin Boulevard frontage ofthe property
The subject property is located along Dougherty Road southwest of the Dublin Boulevard and Dougherty
Road mtersection. The business sItuated on the property is known as United Rentals.
The City must acquire 4,41'>4 square leet ofland in fee from the Dougherty Road frontage of this sIte for
the Dougherty Road Improvements project. In additIOn to the tee ownership acquiSItion, the City also
needs to acquire an 895-square-foot temporary construction casement to facihtate construction of the
project. Within the area of the proposed acquisition, the property IS landscaped with shrubs and includes
portions of an asphalt dnveway and asphalt pavement.
The propcrty owner has agreed to a total purchasc price of $179,450 00 for the required land in fee and
temporary construction easement. This compensation is based on an appraisal orthe property and existmg
improvements wlthm the fcc arca.
Staff recommends that the City Council I) adopt the resolution approving the Purchase and Sale
Agreement lor a portion of 6457 Dubhn Court 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$180,583 00 payable to Chicago Title Company for deposit into escrow
Page 2 of2
//J(;ZO
RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
********.
APPROYlNG AGREEMENT WiTH ANDREA G. STOYER, FORMERLY
ANDREA G. LEE, AS TRUSTEE OF THE ROBERT K. LEE MARITAL TRUST
FOR THE PURCHASE OF A PORTION OF PROPERTY IN FEE
LOCATED AT 6457 DUBLIN COURT
WHEREAS, it is necessary for the City of Dublin to widen and improve the intersection of Dublin
Boulevard and Dougherty Road as part of Capita1lmprovement Program Project No 96852, Dougherty
Road Improvements - Houston Place to l-580; and
WHEREAS, in order to accomplish this goal, it is necessary for the City to acquire a portion of
property in fee located at 6457 Dublin Court; and
WHEREAS, along with the Grant Deed for the subject portion of6457 Duhhn Court, the City
must procure a Temporary Construction Easement in order to facilitate construction ofthe Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the agreement with Andrea G. Stover, formerly Andrea G. Lee, as Trustee of the Robert K. Lee Marital
Trust.
BE lT FURTHER RESOLVED that the Mayor is authorized to execute the agreement, attached
hereto as Exhibit "A".
BE IT FURTHER RESOLVED that the City Manager is authorized to accept the Grant Deed and
Temporary Construction Easement as part of the agreement.
PASSED, APPROVED AND ADOPTED this 6th day or June, 2006.
AYES.
NOES
ABSENT
ABSTAIN
Mayor
ATTEST
City Clerk
G;\MISCPROJ\Doughcny Rd Imp - HoustoTl to 1-580\Right of Wily\lJnit.ec..l Rertlal - L.ee\Reso P-S Agmt,doc
4-.15 6/6/00
ATTAUmNT I.
,;16 ftiiO
PURCHASE AND SALE AGREEMENT
THIS AGREEMENT, dated , 2006, is by and hetween
Andrea G. Stover, formerly Andrea G. Lee, as Trustee of the Rohert K. Lee Marital Trust
("Seller") and the City of Dublin ("Buyer").
RECTT ALS
A. WHEREAS, Seller owns certain land and improvements located at 6457
Dubhn Court, Dublin, CalifoDllU (Assessor's Parcel Numher 941-0550~OlU-15); and
B WHEREAS, the subject propert} is improved with a commerCial building
and a parking lot, the property subject to this agreement has no buildings on it; and
C WHEREAS, Seller represents that there is a Tenant who leases the
property ("Tenant") for commercIal and retail purposes; and
D WHEREAS, Buyer deSIres to purchase a portion of the Property m fee and
a temporary construction casement more partlcularly described in Attachment I and
Attachment 2, attached hereto and by reference made a part hereof (heremaltcr
collectively referred to as "Subject Property"), for the Buyer's Capital Improvement
Program (CIP) Project No 96R52, Dougherty Road Improvements - Houston Place to 1-
580, WIth Scarlett Court Access to Dubhn Boulevard Limited to Rlght Turn Out Only,
and Right TUDl from Dublin Boulevard to Scarlett Court Eliminated ("ProJect"); and
Seller demes to sell the Subject Property to Buyer); and
E. WHEREAS, Seller and Buyer have agreed to execute this Purchase and
Sale Agreement in heu of condemnation, and thIS purchase and sale is directly and
expressly under threat of eminent domain. In the event that Seller and Buyer were not
ahle to reach an agreement for the purchase and sale of the Suhjeet Property, Buyer
would continue with eminent domam proceedings to acquire title to the Suhject Property
TERMS
WHEREFORE, IT IS MlJTlJALL Y AGREED BETWEEN SELLER AND
BtNERS AS FOLLOWS.
I PURCHASE PRICE. The total purchase pTlec for the subject property to be
acquired shall be the sum of $ 179,45000
2. INSTALLATION OF FENCE. Buyer agrees to install, at its expense, a
temporary six (6) foot cham hnk fence, or the equivalent thereof, along Dougherty Road
dUr1ng the construction of the Project on the Subject Property Buyer agrees to install, at
its expense, a pen11Unent 6' fence along Dougherty Road after completIon of the Project
on the Subject Property
EXHIBIT A
Purchase &. Sate AgreelTIcnt
Page lof8
Jo ClO
3 DOUGHERTY ROAD ENTRANCE. Buyer agrees to maintain the Dougherty
Road entrance onto the Subject Property for vehicular traffic dUTIng husl1less hours.
4 LANDSCAPING/MODIFICATIONS TO EXISTING BUSINESS OR USE.
Landscapmg will not he required on the remaining property as a result of the Project.
Any future modificatwns to thc existing husmess or use requiring City approval will
require confonnance to the current huildmg and zomng codes.
5 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 is attached hereto respeehvely as Attachment 1 and
Attachment 2, free and clear of all recorded and unrecorded liens, encumhrances,
assessments, casements, 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 ofthe State ofCalifomia.
B. Quasi-public utihty, public alley, pubhc street easements, and nghts of
way of record.
C Such other liens, encumbrances, reservations and restrictions as may be
approved in writing by the General Counscl of the Buyer
6. TITLE INSURANCE. Chicago Title Company ("Title Company") has provided
Buyer with its Prcliminary Title Report. Buyer has reviewed that Preliminary Title
Report and has no ohjection 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 ohJect m wntmg to any new excephons shown on the report. At close,
Title Company sballlssue Its CL T A Owner's Coverage Form Polley of Title lnsurance,
with liability in the amount of tlle Purchase Pnee, showmg tItle to the Property vested m
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 a~,'rees to convey title to the Property to Buyer at Close of Escrow free and clear of
all monetary liens and eneumhrances, excluding only current real property taxes.
Assessments, if any, shall be assumed by Buyer If Seller does not remove one or more
such monetary eneumbranecs, 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 PlIrchase Pnce an amollnt equal to such monetary
encumbrances, liens or chums.
Purel1.,. & Sale Ap-eoment
Page 2 01"8
tf () {JD
7 ESCROW An Escrow, Order Number 58902258 ("Escrow") has been opened
with Chicago Title Company, 7041 Koll Center Parkv.ay, Suite 220, Pleasanton, CA
94566 ('Escrow Holder"). This Agreement constitutes the JOInt escrow instructions of
Buyer and Seller, and Escrow -\gent to whom these instructIons are delivered is hereby
empowered to act under this Agreement. The parties hercto agree to do all acts necessary
to close th,S escrow m the shortest possible time_
Seller has executed and handed the Deeds to Buyer, concurrently with this
Agreement. As soon as p(lssihle aftcr 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 pnce upon demand of Escrow Agent. Buyer and
Seller agree to deposit with Escrow Agent any additional instruments as may be
necessary to complete tJ-ns transaction.
Insurance policies for fire or casualty are not to be transferred, and Seller wil1
cancel his own p(llicies after close of escrow
All funds received in this escrow shall be depllsited with other escrow funds m a
general escrov. acc(lunt(s) and may be transferred to any (lther such escrow trust account
in any state or natlllnal bank doing business in the State (If California. All disbursements
shall bc made by check from such account.
ESCROW AGENT IS AUTHORIZED AND lS INSTRUCTED TO COMPLY
WITH THE FOLLOWING TAA ADJUSTMENT PROCEDURE
A_ Pay and charge Seller for any unpaid delinquent taxes and/or penaltles and
interest there(ln, and for any delinquent or non-delinquent assessments or honds against
the property;
B In the event this escrow closes between July 1 and November 1, and
Clment tax information IS not a,ailahle from title insurer, Escrow Agent is instructed to
wlthh(lld from Seller's proceeds an amount ellual to the estimated prorated amount due
hased upon the previous fiscal year's second half tax bill. lf the Title Company
delenlllnes that more is owed, the Title Company shall bill the Seller directly At such
time that the tax inlornlation is available, Escrow Agent shall make a check payahle to
the County Tax Collector lor Seller's prorated portion of taxes and forward same to the
Buyer and shall refund any difference to the Seller In the event the amount witWleJd IS
not sufficient to pay Seller's prorated portlOn of taxes due, the Seller herem agrees to
immediately pay the difference;
In the event said tax inforrnatlon IS a,ailable, Scller's taxes shall be proratcd in
accordance wIth Paragraph "C" below
Purchase & Sale Agreement
Page 1 of 8
'70 f) 0
C From the date that tax mfomlation is available, as per Paragraph "B", up to
and mcluding June 30th, Seller's current taxes, if unpaid, shall be prorated to date (,felose
of escrow on the basis of a 365 day vear m accordance with Tax Collector's prorahon
requirements, together with penalties and mterest, If smd current taxes arc unpaid after
December 10 and/or April 10. At close of escrow, check payahle 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 pmd hy Seller, pnor 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 saHI county for relimd. This
reflmd would apply to the period afier Buyer's acquisition, pursuant to Revenue and
TaxatlOn Code Section 5096.7
ESCROW AGENT lS AUTHORIZED TO, AND SHALL
E. Pay and charge Seller for any amount necessary to place title 111 the
condition necessary to satisfy Paragraph n ofthis Agreement;
F Pay and charge Buyer for any escrow fees, charges, and costs whIch arise
ill thIS escro".,
G. DlShurse funds and deliver deeds when conditIOns of this escrow have
been fulfilled hy Buyer and Seller
The term "close of escrow," If and where written in these instructions, shall mean
the date necessary mstruments of conveyance are recorded in the office of the County
Recorder Recorda!lon of instruments delivered through this escro" IS authorized if
necessary or proper in the Issuance of smd policy oftitle insurance.
All time limits wIthin whICh any matter herein specified is to be perfonned may
be extended hy mutual agreement of the parhes hereto. Any amendment of, or
supplement to, any instructions must be ill wntmg.
TIME IS OF THE ESSENCE lN THESE INSTRUCTIONS AND ESCROW lS
TO CLOSE AS SOON AS POSSIBLE. Th~ parti~s acknowledge that Buyer's govemmg
hoard IS scheduled to consider the approval of this agreement on June 6, 2006. Pursuant
to Paragraph I herem, if the governing board approves the agreement, the parties desire
escrow to close on or hefore August I, 2006. Buyer shall take all necessary steps in
advance of August I, 200n, to ensure that, in the event the governing board approves thIS
agreement, escrow will close wIthin sIxty (60) days thereafter, or as soon as possible
thereafter
8. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and
Seller's usual fees, charges, and costs which anse III lhls escrow
Purchase & Sale AgTccmc:nt
Page 4 ofS
twO 0
9 RENTAL AND OCCUPANCY BY SELLER. Seller agrees to execute a
complete, current, and correct statcment of rentals on a form furnished by Seller and
dehver same to Buyer wlthm fifteen (15) days hereof with copIes of any written leases or
rental agreements attached. Seller herehy warrants that the rental statement refeITed 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 hahility from
any such leases, subleases or agreements.
10 INDEMNITY AND HOLD-HARMLESS CLAUSE RELATING TO CLAIMS
BY TENANT By operation of law (California Code of Civil Procedure sectIOn
1265 110, et seq_), the leases with a Tenant shall ten11Inate with regard to the portion of
the property aequlred hy Buyer under threat of emment domain. Seller agrees to
1I1demnify and hold Buyer harmless against any and all claims arising out of this
Agreement which may be made or hrought by any business tenant against Seller and/or
Buyer Said claims may include, but are not limited to (a) claims for compensation
arising out of Buyer's purchase of a portion of the property which IS suhJeet to any
Lease(s), and (b) clanTIs for breach of lease. Seller IS expressly respol1sihle for the
defense of any such clam,s_
11 WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER
Seller herehy warrants, represents, and/or covenants to Buyer that:
A. To the best of Seller's kno" ledge, there are no achons, snits, 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 heSI of SeHer's knowledge, there are no encroachments onto the
property by improvements on any adjoining properly, nor do any buildings or
Improvements encroach on other properties.
C Until the closmg, Seller shall maintain the property m its current eonditlOn
and state of repair and maintenance, and shall perform all of Its ohhgations under any
service contracts or other contracts affectmg the property
D Until the closmg, Seller shaH not do anythmg whICh would impair Seller's
title to any ol"the property
E. To the hest of Seller's knowledge, all utilities including gas, electricity,
water, sewage, and telephone are a,ailahle to the propertv, and all such items are in good
workmg order
F To the best of Seller's knowledge, neither the execution of this Agreement
nor the perfoffiJance of the ohhgations herein will conflict with, or breach any of the
proVIsIons of any bond, note, evidenec of indebtedness, contract, lease, or other
agreement or instrument to which Seller's property may be bound_
Purchase & Sale Agreement
Page' of ~
70/,YO
G. Until the closing, Seller shall, upon learning of any fact or condihon which
would cause any of the warranties and representations of this Warranties,
Representations, and Covenants of Seller Section not to he true as of closmg,
immediately gIve written notice of such fact or condition to Buyer
12. INDEMNITY AND HOLD HARMLESS CLAUSE RELATING TO
HAZARDOUS SUBSTANCES. Seller warrants tllat, to the hest 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 hy Section 311 of the Clean Water Act (33 U.S.C !)1251,
et seq ), Sec!Jon 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 Llahility Act (42 U.S C !)9601, et scq). Buyer reserves the nght, 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 SuhJect Property, and
failed to disclose. Seller agrees to indemmfy and hold Buyer harmless agamst any and all
claims arising out of the existence of hazardous suhstanees or hazardous wastes in the
soil or groundwater
13 PERMISSION TO ENTER ON PREMISES Seller hereby grants to Buyer, or Its
authonzed agents, permlSSlOn to enter upon the Property at all reasonable times prior to
close of escrow for the purpose of making necessary or appropnate mspections and for
the pLlTpose of commencing demohtion and/or construction of the project for which the
propert y 1S heing purchased.
14 COUNTERPARTS This Agreement may be executed m counterparts, each of
whlch so executed shall, inespechve of the date of its executIOn and delivery, be deemed
an original, and all such counterparts together shall constitute one and the same
instrument.
15 CLOSING STATEMENT Seller instructs Escrow Agent to release a copy of
Seller's statement to Buyer (do Mclissa Morton, Pubhc Works Dircetor, City of Dubhn,
100 Ci VIC Plaza, Dublin, Cahforl1Ja 945(8), the purpose hemg 10 ascertain if any
rellnhufSE'ments are due Seller
16. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real
property or any improvements thereon, by fire or other casually, occurring prior to the
recordatIOn of the Deed shall be at the usk of Seller In the event that loss or damage to
the real property or any improvements thereon, hy fire or other casualty, occurs pnor to
the recordation of the Deed, Buyer may elect to reqUIre that the Seller pay to Buyer the
proceeds of any insurance which may heeome payable to Seller by reason thereof.
Purchase & Sale Agreement
Page 6 o!" g
'bof;O
17 EMINENT DOMAIN DISMlSSAL. Seller and Buyer acknowledge that thIs
transaction is a negollated settlement in heu of condemnation. Seller hereby waives any
and all claims to any money on deposit, if any, m said action and further waives all
attorney's fees, costs, disbursements, and expenses ans1l1g out of any potentlal known or
unknown issues relating to eondewnatlOn or inverse condewnatlOn.
18. CONTINGENCY It is understood and agreed between the parties hereto that the
complellon of this transactlOn, and the escrow created hereby, is contingent Ilpon the
specific acceptance and approval of the Buyer herem. The execution of these documents
and the dehvery of same to Escrow Agent constitute said acceptance and approval.
The terms and conditions, covenants, and agreements set forth herein shall apply
to and hmd the heirs, executors, administrators, aSSIgns and successors of the parties
hereto.
This Agreement contains the entire agreement between both parties; neither party
relies upon any warranty or representation not con tamed in this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed tIllS Agreement the
day and year set forth heremahove.
BUYER.
City ofDuhhn
Attn: Melissa Morton
100 Civic Plaza
Duhlin, CA
FAX.
ee:
Meyers, Nave, Riback, Silver & Wilson
555 12th Street, Suite 1500
Oakland, CA 94607
FAX_ 510-808-2000
SELLER.
Andrea G. Stover,
Fom1erly Andrea G. Lee,
Trustee of the Robert K Lee Marital Trust
2933 Atlas Peck Road
Napa, Cahfomla 94558
[This Space Intenhonally Left Blank]
Purchase & Sale Agreement
Page 7 ofR
IN WITNESS WHEREOF, the parties have signed this Agreement this _.....__
day of .. ..__' 2006.
"BUYER"
"SELLER"
CITY OF DUBLIN
&~~~'-\!o~""_
ANDREA G. VER,
Trustee ofthe Robert K. Lee Malltal
Trust
By"__
ATTEST
By
RECOMMENDED FOR APPROVAL.
By
796579
Pmch.,e & Sale Agreement
Page R on
c; to F.:lO
/001:;;0
RECORDING REQUESTED BY
The City of Dublin
AND WHEN RECORDED MAIL TO'
City of Dublin
100 Civic Center
Dublin, California 94568
Attn. City Clerk
NO DOCUMENTARY TRANSFER
TAX DUE
APN: 941-550-10-15
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 6103
GRANT DEED
For valuable consideration, receipt of which is hereby acknowledged, Andrea G. Stover, formerly
Andrea G. Lee, Trustee of the Robert K. Lee Marital Trust ("Grantor") hereby grants to the City of Dublin, a
public entity ("Grantee") all that real property located in the City of Dublin, County of Alameda, State of
California, described in Exhibits A and B attached hereto and incorporated herein.
IN WITNESS WHEREOF, Grantors have executed this Grant Deed as of I Y 101.1
2006. d-
GRANTOR:
4c1o~ c;, r~~
ANDREA G. STOVER
-I"
I( oF':zD
Certificate of Acknowledqment
State of (' r !,./J.Y, i)l(,> ,
j.
)
) ss
County of _LLft-, )
Onthis Is-I: day of \ I. ,200~,beforeme, 1~1'W-K )"'./'",),1
the undersigned Notary Public, ersonally appeared ANDREA G STOVER, personally known to
me, or proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to the within instrument; and he/she acknowledged to me that he/she executed the
same in his/her authorized capacities, and that by hislher signatures on the instrument the person,
or entity upon behalf of which the person acted, executed the instrument.
WITNESS my hand and official seal.
'{I '
f'nlf'r:r 1,'..i'1f\/
Notary Public
a KAROLEE WILSON
_ ., CommloSlon , 1528li83
I' Not(Iy PutJl1c - Call,....
Napa county
MyComm.E>q:>iesNov2O,
l;1oF,20
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
Cily 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
FEE ,\CQUISITlQN
APNNo.941-0550-01O-015
Exhibit "A"
(7of )0
All that real property situate in the City of Dublin, County of Alameda, State of California, being a
portion of Parcel I described in that celtain document recorded on February 4, 1993 in Document No.
93042092, Alameda County Records, more particularly described asfollnws:
BEGINNING at the southerly corner of Parcel A, an exception parcel from said Parcel l, desclibed in said
documen t;
Thence along the general southwesterly line of said Parcel A, North 25015'29" West, 28.82 feet to the
TRUE POINT OF BEGINNlNG of this description;
Thence leaving last said line, North 32049'44" West, 280,74 feet to the southerly line of Parcel B, an
exception parcel from said Pareel 1, described in said document;
Thence along last said line, South 88046'58" East, 30.32 feet to the general southwesterly line of said
Parcel A,
Thence leaving said southerly line and along last said line the following two (2) courses;
1) South 32048'00" East, 75.00 feet;
2) South 25015'29" East, 190.42 feet to the TRUE POINT OF BEGINNlNG of this description.
Containing an area of 4,464 square feet, 0.10 acres, more or less.
TOGETHER with a Temporary Construction Easement, to tenninate upon completion of construction, for
the purposes and incidents thereto over, under, across and upon a strip of land 8.00 feet in width, starting
at the northerly line of said Parcel 1, southeasterly and parallel to the parcel described above for distance
of 1.52 feet, thence a strip of land 3.00 feet in width, the northeasterly line of said strip lying contiguous to
the southwesterly line of the above described parcel and extending southeasterly to the CaItrans Right of
Way.
A plat showing tbe ahove described parcel and temporary easement is attached hereto and made a part
heTeof as Exhibit "B"
This description was prepared by me or under my direction in conformance with the Professional Land
Surveyors Act.
Dated....:;r,/..<.r Z S; Z"..c:Ja;,,/
,
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License Expires 6/30/2004
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Exhibit "AU
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BASIS OF BEARINGS ILfo ~
lHE BEARING N 32'48'00" WEST, lHE MONUMENT
UNE ON DOUGHERTY ROAD, BETWEEN FOUND
MONUMENTS AS SHOWN ON lHE MAP ENllTI..ED
"PARCEL MAP 1043'" FILED FOR RECORD ON
SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80
OF PARCEL MAPS AT PAGE 29, IS USED AS lHE
BASIS OF BEARINGS FOR lHlS PLAT
93042092 LEGEND
APN - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RECORDS
P.O.B. - POINT OF 8EGINNING
sq. ft. - SQUARE FEET
FEE ACQUISITION
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PARCEL A
EXCEPllON TO
DOC. NO. 93042092
GRANT DEED TO
STATE OF CAUFORNIA
AND RELEASE OF
ABUmRS RIGHTS
REEL 1327 IMAGE 66
(AW/157851)
LANDS OF RENTAL WORLD INC.
A SURRENDERED KANSAS CORPORAllON
PARCEL 1
DOC. NO. 93042092
APN; 941-0550-010-15
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4780 CHABOT DRIVE
SUITE 104
PlEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
Subject EXHIBIT "B"
DUBUN BLVD.-DOUGHERTY RD. WIDENING
Job No. . 20016002
By RL Date !U2:i/04 Chkd.CK
SHEET 1 OF 1
SllrOI\Ol&liO '\l'Jw~\nlo.n\j;lfNTAI l,lnRI lJ.d'II<:1 ~;.."C'CJ/;l 114 jl;:>~I~~'l I-'JI'I P
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APN: 941-550-10-15
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NO DOCUMENTARY TRANSFER
TAX DUE
RECORDING REQUESTED BY
The City of Dublin
AND WHEN RECORDED MAIL TO'
City of Dublin
100 Civic Center
Dublin, California 94568
Attn: City Clerk
THIS DOCUMENT IS RECORDED FOR THE BENEFIT OF
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION AND
IS EXEMPT FROM FEE PER GOVERNMENT CODE SECTIONS 27383 AND 8103
GRANT OF TEMPORARY CONSTRUCTION EASEMENT
Andrea G. Stover, formerly Andrea G. Lee, Trustee of the Robert K. Lee Marital Trust ("Grantor")
hereby grants to the City of Dublin, a Municipal Corporation ("City"), a temporary construction easement
("TCE") on, over and across certain real property owned by the Grantors, more commonly known as APN
941-550-10-15, and more particularly described In Exhibits "A" and "B," attached hereto ("Easement Area"),
for the purpose of constructing the City's Capital Improvement Program (CIP) Project No. 96852,
Dougherty Road Improvements - Houston Place to 1-580, with Scarlett Court Access to Dublin Boulevard
Limited to Right Turn Out Only, and Right Turn from Dublin Boulevard to Scarlett Court Eiiminated
("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 soie discretion,
the presence of said persons or other uses would be hazardous or would hinder City's activities related to
the Project
This temporary easement shall commence on August 1,2006 and shall expire not later than
sixteen (16) months thereafter or on the completion of construction, whichever shall first occur
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GRANTOR acknowledges that she has received compensation from City for this TCE.
At the completion of the Project, City agrees to restore the Easement Area to its original condition
as reasonably possible.
CITY shall indemnify and hold Grantor harmless from any liability for injuries or damage resulting
from the acts of City's agent, employees or contractors on the Easement Area pursuant to this TCE
IN WITNESS WHEREOF the parties hereto have executed this Grant of Temporary Construction
Easement as of the date set forth next as follows:
GRANTOR:
Atl..-r- _.('(rj~
ANDREA G. sTti~h
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Certificate of Acknowledqment
State of _" ('()U/I," 1 U, , )
, ) ss_
County of I l... I ' )
On this ~ day of I i, \-ell ,20.0.:,"-., before me, h-,';rL,. (.:! I""
the undersigned Notary Public, personally appeared ANDREA G. STOVER personally known to
me, or proved to me on the basis of satisfactory evidence to be the person whose name is
subscribed to lhe within instrument; and he/she acknowledged to me lhat 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
tn'!l, \"
Notary Public
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~ KARaLEE WllJON
_ . Comml'llon' l62I5U
.: 'Notary PutJllc . C<lIIomkI
N C1pO Counly
MyCorrm ExptesNoltn
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CERTIFICATE OF ACCEPTANCE
Government Code Section 27281
THIS IS TO CERTIFY that THE CITY OF DUBLIN hereby accepts for public purposes the
real property described in the within instrument and consents to the recordation thereof
CITY OF DUBLIN
By__
City Manager
This document is for the benefit of the City of Dublin, a public body corporate and politic, of
the State of California. Request for recordation without fee is made in accordance with Section
6103 of the Government Code of the State of California.
Attest:
City Clerk
COUNTY OF ALAMEDA
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SS
STATE OF CALIFORNIA
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
FEE ACQUISITION
APN No. 941-0550-010-015
Exhibit "A"
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All that real property situate in the City of Dublin, County of Alameda, State of California, being a
portion of Parcel I described in that certain document recorded on :February 4, 1993 in Document No.
93042092, Alameda County Records, more particularly described asfollows:
BEGINNING at the southerly comer of Parcel A, an exception parcel from said Parcell, described in smd
document;
Thence along the general southwesterly line of said Parcel A, North 25015'29" West, 28.82 feet to the
TRUE POINT OF BEGINNING of this description;
Thence leaving last said line, North 32049'44" West, 280.74 feet to the southerly line of Parcel B, an
exception parcel from said Parcell, described in said document;
Thence along last said line, South 88046' 58" East, 30.32 feet to the general southwesterly line of said
Parcel A,
Thence leaving said southerly line and along last said line the following two (2) courses:
1) South 32"48'00" East, 75.00 feet;
2) South 25"15'29" East, 19042 feet to the TRUE POINT OF BEGINNING of this description.
Containing an area of 4,464 square feet, 0.10 acres, more or less.
TOGETHER with a Temporary Construction Easement, to terminate upon completion of construction, for
the purposes and incidents thereto over, under, across and upon a strip of land 8.00 feet in width, starting
at the northerly line of said Parcell, southeasterly and parallel to the parcel described above for distance
of 1.52 feet, thence a strip of land 3.00 feet in width, the northeasterly line of said strip lying contiguous to
the southwesterly line of the above described parcel and extending southeasterly to the Caltrans Right of
Way
A plat showing the ahove described parcel and temporary easement is attached hereto and made a part
hereof as Exhibit "B"
Thig description was prepared by me or under my direction in conformance with the Professional Land
Surveyors Act.
Dared:.7t-~ Z 5;" z..c:,<l~
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Billy M:lrtin, LS 5797
lJ.cense Expires 6/3U/2004
K.'\Mllitl\20Q1\20016002.-10\LmAL'II~'l'p,I_WORLD.ooc
Exhibit "A"
Page 1 of 1
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THE BEARING N 32"48'00" WEST, THE MONUMENT
UNE ON DOUGHERTY ROAD, BETWEEN FOUND
MONUMENTS AS SHOWN ON THE MAP ENTITLED
.PARCEL MAP 1043'" FlLED 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.
93Q42092 LEGEND
APN - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
sq. ft. - SQUARE FEET
BASIS OF BEARINGS
FEE ACQUISITION
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PARCEL A
EXCEPTION TO
DOC. NO. 93042092
GRANT DEED TO
STATE OF CAUFORNIA
AN 0 RELEASE OF
ABUTTERS RIGHTS
REEL 1327 IMAGE 66
(AW/157851)
LANDS OF RENTAL WORLD INC.
A SURRENDERED KANSAS CORPORATION
PARCEL 1
DOC. NO. 93042092
APN: 941-0550-010-15
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DETAIL "A"
SCALE 1";;;;120'
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4780 CHABOT DRIVE
SUITE 104-
PLEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
Subject EXHIBIT "B"
DUBLIN BLVD. DOUGHERTY RD. WIDENING
Job No. 20G16002
By RL Date 6/25/04 Chkd.CK
SHEET 1 OF 1
ATTACHMENT 2
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