HomeMy WebLinkAbout4.13 Dublin Honda Purchase Real Property
CITY CLERK
File # D~Il2J[l1]-~[12J
w 7 0 - 2.tJ
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: August 1, 2006
SUBJECT:
ATTACHMENTS:
RECOMMENDATION~ 1)
~ 2)
COpy TO: Kennelh Harvey
Approval of Purchase and Sale Agreement for Real Property at 6363
to 6451 Scarlett Court (Dublin Honda) for Capital Improvement
Program (CIP) Project No. 96852 - Dougherty Road lmprovements,
Houston Place to 1-580
Report Prepared by Melissa A. Morton, Puhlic Works Dir~
I)
Resolution approving Purchase and Sale Agreement with
CRMX-I IS, Inc. and KBH Investments, LLC for Ihe
purchase of portions of properly in fee located at 6363
through 6451 Scarlett Court, together with Exhibit "A",
Agreement (including Grant Deeds and Grant of Temporary
Construction Easements)
Resolution finding that Parcel "D" is an uneconomic remnant
parcel, declanng thIs parcel surplus, and authorizing sale of
Parcel "D"
Location Map
2)
3)
3)
Adopt the resolution approving the Purehase and Sale
Agreement for portions of 6363 to 6451 Scarlett Court and
accepting the Grant Deeds together with Temporary
Construction Easements for SaId property, and
Adopt the resolution making the finding Ihal Parcel "D" is an
uneconomic non-huildable remnant parcel and is not required
for public use, and that the value of Parcel "D" for the
purpose of sale shall be $40.65 per square fool, which
amount is the value of the adjacent parcel ofland to be
purchased by the City, and
Authorize payment by eheck in the amount of $218, 138.00
for right-of-way, including eserow fees and title insurance
estimated at $1,000 00 payable to North American Title
CompallY for deposil mlo escrow,
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ITEM NO.
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:FINANCIAL STATEMENT:
The net value of real property (fee and temporary construction
easements) located at 6363 to 6451 Scarlett Court required for the
ClP Project No 96852 - Dougherty Road lmprovements, Houston
Place to 1-580, is $217,138.00 The City's portion of fue closing
cost for the subject properties is estimated at $1,000 00 Therefore,
the total amount due at escrow IS $218,138.00
The land acquisition, as part of CIP Project No 96852, is paid for
through Traffic Impact Fees.
DESCRIPTION: The City of Dublin is proposing to widen and improve the Dublin
Boulcvard and Dougherty Road intersection as part of CIP No. 96852, Dougherty Road lnIprovements -
Houston Placc to 1-580. In order to accomplish this goal, it is necessary for the City to acquire portions
ofreal property, commonly known as 6363, 6365, 6375, 6379, 6380, 6383, 6389 and 6451 Scarlett Court
(APN 941-0550-013-04, 941-0550-014-04 and 941-0550-012-11), owned by KBH Investments, LLC
(Kcn Harvey) and CRMX-115, Inc. (a Ken Harvey holding company). The City is also acquiring
temporary construction easements along the Dublin Boulevard frontage of the properties.
The subject properties are located along the south side of Dublin Boulevard just east of Scarlett Court.
The business proposed at the propertIes will be known as Dublin Honda.
The City is acquiring portions of three parcels just east of Scarlelt Court (formerly known as Nohr Used
Auto Sales and Dolan Lumber), As part of this acquisition, the property owner has requested to purchase
a small (1,193 s,f.) renmant parcel from the City This parcel, identified as ParccI D on the location map
(Attaclunent 3), is left over from the property known as "The Dublin Boat House" which the City acquired
to extelld Dublin Boulevard east of Dougherty Road. The City's Municipal Code allows the City Manager
with City Council approval to sell a parcel that is an uneconomic remnant, which is not huildable and
Call1iot be utilized under current zoning, to the adjacent property owner without advertising for bids,
The City's cost hasis to purchase the necessary right of way is set through the Conditions of Approval for
thc dcvclopment of the propcrties as a Honda dealership. The cost basis for Honda's purchase of the
City's renmant parcel is established at the SaIne rate as Honda paid for the adjacent property (Nohr Used
Auto Sales). ThIS anlount was derived per the calculation on Page 2 of the Agreement. The value of
Parcel "D" for the purpose of this sale is $40.65 per square foot, whIch is the value of the adjacent parcel
of land, formerly thc Nohr parcel. The other two parcels, formerly Dolan Lumber, arc being purchased at
$22.00 per square foot, as agreed upon in the Conditions of Approval.
The property owner has agreed to a total net purchase price of $217,138.00 for the required parcels in fcc
together with temporary construction easements less the cost for fue City's renmant parcel.
Staff recommends fuat the City Council 1) adopt the resolution approving the Purchase and Sale
Agreement for portions of 6363 to 6451 Scarlett Court and accepting the Grant Deeds together with
Temporary Construction Easements for saId property, and 2) adopt the resolution making the finding the
Parcel "D" is an uneconomic, non-huildahle remnant parcel and is not required for public use, and that the
value of ParccI "D" for thc purpose of salc shall bc $40.65 per squarc foot, said amount is the value of the
adjacent parcel of land to be purchased by the City, and 3) Authorize payment by check in fue amount of
$218,138.00 for right-of~way, including escrow fees and title insurance estimated at $1,000.00 payable to
North American Title Company for dcposit into cserow
Page 2 of2
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RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING PURCHASE AND SALE AGREEMENT WITH
CRMX-1l5, INC. AND KBH INVESTMENTS, LLC
FOR THE PURCHASE OF PORTIONS OF PROPERTY IN FEE
LOCATED AT 6363 THROUGH 6451 SCARLETT COURT
WHEREAS, it is necessary for the City ofDubhn to widen and improve the intersection of Dublin
Boulevard and Dougherty Road as part of Capital Improvement Program Project No. 96852, Dougherty
Road Improvements - Houston Place to 1-580; and
WHEREAS, in order to accomplish this goal, It IS necessary for the City to acquire portions of
property in fee located at 6363 through 6451 Scarlett Court; and
WHEREAS, along wifu fue Grant Deed for the subject portion of6363 through 6451 Scarlett
Court, the City must procure a Temporary Construction Easement in order to facilitate construction of the
Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the agreement with CRMS-115, Inc. and KBH Investments, LLC
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement, attached
hereto as Exhibit "A"
BE IT FURTHER RESOLVED that the City Manager is authorized to accept the Grant Deeds
together with Tcmporary Construction Easements on behalf offue City as part of the agreement.
PASSED, APPROVED AND ADOPTED this 1st day of August, 2006.
AYES
NOES
ABSENT
ABSTAIN
Mayor
ATTEST
City Clerk
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ATTAUIDIENT I.
Jof'1h
PURCHASE AND SALE AGREEMENT
BETWEEN CRMX-115, INC., KBH INVESTMENTS, LLC
AND THE CITY OF DUBLIN
THIS AGREEMENT, dated August 1,2006 (fue "Effective Date"), is by and among the
City of Dublin, a municipal corporation ("Buyer"), CRMX-115, Inc., a California corporation
("CRMX") and KBH Investments LLC, a California limited liability company ("KBH'') (CRMX
and KBH are sometimes collectively referred to herein as "Sellcr").
RECITALS
A. WHEREAS, KBH is the owner of a parcel of real property fronting Dublin
Boulevard and Scarlett Drive in the City of Dublin, County of Alameda (the "County"), State of
California (fue "State"), together with any right, title and interest of Seller in and to all casements
and rights~of-way in, on, across, in front ot; abutting or adjoining said real property (APN. 941-
0550-012-11 (the "KBH Real Property")
B. WHEREAS, CRMX is fue owner of two (2) parcels of real property fronting
Dublin Boulevard and Scarlett Drive in the City of Dublin, County of Alameda (the "County"),
State of California (fue "State"), together wifu any right, title and interest of Seller in and to all
easements and rights~of~way in, on, across, in front of, ahutting or adjoining said real property
(APNs: 941-0550-13-04 and 941-0550-014-04) (fue "CRMX Real Property");
C WHEREAS, KBH has leased fue entire CRMX Real Property from CRMX
pursuant to a Lcase dated January 2006
D WHEREAS, KBH is proposing to develop the KBH Real Property and the
CRMX Real Property (collectively referrcd to hereinafter as the Real Property") and, as a
condition to dcveloping the Real Property, is required to sell, or arrange thc sale from CRMX, to
Buyer of those portions of the Real Property described as (i) 3,663 square feet, as described in
Exhibit "A" and depicted in Exhibit "A-I" attached hereto and incorporated hcrcin ("Parcel A"),
(ii) 3,228 square teet, as described in Exhibit "B" and depicted in Exhibit "B-1" attached hereto
and incorporated hcrcin ("Parcel B"), and (iii) 2,078 square feet, as described in Exhibit "C" and
depicted in Exhihit "C-l" attached hereto and incorporated herein ("Parcel "C"). Parcel A,
Parcel B, and Parcel C shall sometimes be collectively referred to hereinafter as fue "Subjcct
Property" ,
E. WHEREAS, Buyer dcsircs to purchase the Subject Property for the Buyer's
Capital Improvement Program (CIPJ Project Number 96852, Dougherty Road Improvements -
Houston Place to 1-580; and Seller desires to sell the Subject Property to Buyer in accordancc
with the terms offuis Agreement;
F WHEREAS, Buyer owns a parcel of real property (APN' 941-0550-010-20)
adjacent to fue Real Property which consists of 1,193 squarc fcct, as more particularly describcd
in Exhibit "D" and depIcted in Exhibit "D-2" (hereinafter "Parcel D");
EXHIBIT A.
To the Resolution
~rI i?
G. WHEREAS, I<..BH dcsircs to purchase ParccI D from Buyer, and Buyer desires to
scll Parcel D to KBH, suhject to Buyer's reservation of a Temporary Construction Easement as
more particularly described in Exhibit "D-l" and depicted in Exhibit "D-3" to this Agreement,
and the purchase price for Parcel D shall be $40 65 per square filOt.
AGREEMENT
In consideration of the mutual covenants and conditions contained herein and for other
good aIld valuable consideration, fue receipt and sufficiency of whIch are hcrcby acknowledged,
Seller and Buycr hcrcby agrcc as follows:
PURCHASE AND SALE; PURCHASE PRICE.
(a) Subject Propertv Purchase. Seller agrees to sell to Buyer, and Buyer agrees to
purchase from Seller, the Subject Property upon thc terms and conditions set forth in this
Agreement.
(b) Parcel D Purchase. Buyer ab'l'ees to sell to KBH, and KBH agrces to purchase
from Buyer, ParccI D upon the terms and conditions set forth in this Agreement.
(c) Suhject Propertv Purchasc Pricc. The total purchase price for the Suhjcct
Property shall be Two Hundred Sixty-Five Thousand Four Hundred Thirteen Dollars
($265,413.00) (the "Suhjeet Property Purchasc Price"), which is calculated as follows:
Parcel A:
Parcel B'
Parcel C
3,603 sf@ $40.65/sf
3,22R sf@ $22.00/sf
2,078 sf@$22.001sf
TOTAL:
$148,901 00
71,016.00
45,716.00
$265,633 00
(d) Parcel D Purchasc Pricc. The total purchase price for Parcel D shall he Forty-
Eight Thousand Four Hundred Ninety-Five Dollars and Forty-Five Cents ($48,495 00), which is
calculatcd hy mnltiplying fue square footage of Parcel D (1,193) hy $40.65 per square feet (the
"Parcel D Purchase Pricc").
(e) Net Purchase Price. The net purchase price payable hercunder by Buyer to Sellers
for thc consummation of the transactions contemplated hercunder is Two Hundred Sixteen
Thousand Nine Hundred Seventeen Dollars and fifty-five cents ($217,138.00) (the "Net
Purchase Price"). The Net Purchase Price is payable One Hundred Thousand Four Hundred Five
Dollars and fifty-five cents ($100,406) to KBH and One Hundred Sixteen Thousand Five
Hundrcd and Twelve Dollars ($116,732.00) to CRMX.
2. PAYMENT OF NET PURCHASE PRICE. The Net Purchase Pricc shall be payable all
in cash upon close of Escrow.
3 ESCROW On the date that this Agreement is executcd by Buyer and Seller, Buyer and
Seller shall cause the opening of escrow (thc "Escrow") by delIvering a fully-executed copy of
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this Agreement to North American Title Company, 4255 Hopyard Road, SUIte I, PJeasanton, CA
94588, Attn. Pam Thompson, Title Officer ("Escrow Holder"). The parties hereto agree to do
all acts necessary to close Escrow in the shortest possible time. The close of eS<.TOW shall oc<.:ur
within sixty (60) days, or on such other date as the parties hereto mutually agree in writing ("the
Closing Date" of the "Closc of Escrow"). Buyer and Seller agrcc to cxecutc and deliver to
Escrow Holdcr any additional or supplementary instructions as may he necessary or convenient
as may he necessary to <.:omplete this lraIlsaction.
4 CONDITION OF TITLE.
(al Subiect Proverlv At the Close of Escrow, Seller agrees to convey title to the
Subje<.:t Property to Buyer by three grant deeds (one from KBH for Parcel A and two from
CRMX for Parccl Band Parccl C) in thc form attached hcrcto and incorporated herein as Exhibit
"E," "F" and "G" (collcctivcly the "Dceds"), suhjcct to the following matters (collectively,
"Approvcd Title Conditions"):
(i) Taxes for the fiscal year in which this escrow closes, which shall hc
handled in accordance wifu the provisions of Section 4986 of the Revenue
and Taxation Code of the State of California
(ii) Quasi-puhlic utility, puhhe alley, puhlie street easements, and rights of
way of record.
(iii) All cxceptions which are disclosed hy the Titlc Reports (as dcfincd in
Paral!favh 5(a). below) which are approved or deemed approved by Buyer
as provided therein.
(1~) Su<.:h other liens, en<.:umbran<.:es, reservations and restrictions as may be
approved in writing by the Buyer
(v) All matters whkh a <.:orrect survey and inspection of the Subject Property
would disdose.
(II) Parcel D At the Close of Es<.:row, Buyer agrees to convey Parccl D to KBH by
quitclaim deed, reserving a temporary construction easement over Par<.:el D, in the form attachcd
hereto and incorporatcd herein as Exhibit "H" (the "Parcel D Quitclaim Deed"), suhject to the
following matters (collcetivcly, "Parcel D Approved Title Conditions"):
Ii) Taxes for the fiscal year in which this escrow closes, which shall be
handled in accordance with the provisions of Section 4986 of the Revcnuc
and Taxation Codc of the State of Cali fomi a
(ii) Quasi-puhlic utility, public alley, public street easements, and rights of
way ofre<.:urd.
(iii) All ex<.:eptions which arc disclosed by the Parcel D Title Report (as
defined in Paragravh 5(b), below) wh,ch are Permitted Exceptions as
providcd in Paragraph 5(b) below.
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(iv) Such other liens, encumbrances, reservatlOns and restrictions as may be
approved in writing by KBH.
(v) All matters which a correct survey and inspection of the Subject Property
would disclose.
5. TITLE INSURANCE:
(a) Subject Property
(i) North American Title Company ("Title Company") has provided Buyer
with its Updated Preliminary Title Reports for the Subject Property (the "Title Reports").
Buyer has reviewed the Title Reports. Buyer and Seller agree the entire amount of the
Asses,ment Bond by the City of Dublin, under Exception NO.4 to APN 941-0550-012-
11 (Parcel A), shall stay with the remainder property. Buyer objects to Exception Nos.
I () and 11 to APN 941-0550.012-11 and the intormation and documentation necessary to
correct them shall be submitted to the Title Company prior to Closing. Buyer has no
objection to any other of the exceptions to covcrage listed therein. Notwithstanding the
foregoing, any mortgage, deed of trust or other monetary lien, other than non-delinquent
real property taxes and assessment liens ("Monetary Disapproved Exccptions"), shall be
eliminated as exccptions to title by Seller on or prior to the Closing Date. At any time
prior to the Close of Escrow, Buyer may obtain updated Title RepOlts ("Updated Title
Reports"), and shall have five (5) busincss days after receipt of the Updated Title Report
to object in writing to any new exceptions shown on the report ("Buyer's Objection
Notice"). In the event Buyer fails to object to any new cxception shown in the Updated
Title Report within Buyer's Objection Period, any new exceptions on the Updated Title
Report will be dccmed approved and part of the Approved Titlc Conditions. In the event
Buyer delivers Buyer's Objection Notice to Seller within Buyer's Objection Pcriod,
Seller shall have ten (10) days ("Seller's Election Period") to notify Buyer in writing
whether Seller intends to eliminate or ameliorate any such objectionable title matter
("Sellcr's Election Notice"), If Seller does not deliver Seller's Election Notice within
Seller's Election Period or Seller does not elect to eliminate or amelioratc the
disapproved cxception(s), tllen Buyer shall have the right, upon delivery to Seller and
Escrow Holder (on or beforc five (5) days following the expiration of Scller's Election
Pcriod) of a written noticc, to either (A) waive its prior disapproval, in which event said
disapproved matters shall be deemed approved, or (B) terminate this Agreement and the
Escrow ereated pursuant hereto. Failure to take either one of the actions described in
clauses (A) and (B) above shall be decmed to be Buyer's election to take the action
described in clause (A) above
(ii) It; in Seller's Election Notice, Seller has agrced to either eliminate 0
ameIioratc to Buyer's satisfaction by the Closing Date cC1tain disapproved c
conditionally approved title matters described in Buyer's Objection Notice, but Seller
unable to do so, then Buyer shall have the right (which shall be Buyer's solc al
exclusive right or remedy Jur such failure), upon delivery to Seller and Escrow Hok
(on or before one (l) business day prior to the Closing Date) of a written notiec to eit'
(A) waive its prior disapproval, in which event said disapproved matters shall be deer
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approved, or (B) tenninate this Agreement and the Escrow created pursuant hereto.
Failure to take either one offue actions described in elauses (A) and (B) abovc shall be
deemed to be Buyer's election to take the action describcd in elause (A) above.
(iii) Seller shan deliver title to the Subject Property at the Close of Es<;row
subject only to the Approved Title Conditions.
(iv) At the Close of Escrow, Title Company shall issue its CLT A Owner's
Coverage Fnrm PoIH;y of Title Insurance (the "Title Policy"), with liability in the amount
of the Subject Property Purchase Price, showing title to the Property vested in Buycr,
subject to fue Approved Title Conditions.
(v) In the event this Agreement lS terminated by Buyer pursuant to the
provisJOns of this Paragraph Sial, neifuer party shall have any further rights or obligations
hereunder, unless ~uch rights or obligations expressly providc that they are to survive thc
termination of thIs Agreement.
(b) Parcel D.
(i) At the sole cost and expense of KBH, KBH may obtain a current
preliminary title rcport ("Parcel D Title Report") of title to Parcel D. KBH shall have
five (5) business days after receipt of any current Preliminary Title Report to object in
writing to any exceptions shown on the report ("KBH's Objection Noti<;e"). At any time,
prior to the Close of Fserow, Buyer may obtain updated Title Reports ("Updated Title
Reports"), and shall bave five (5) husincss days after receipt nf the Updated Title Report
to object in writing tn ally new <;xccptions shown nn tbe report ("KBH's Objection
Notice"). In the event KBH fails to object to any ex<;eption or new exception shown ill
the Preliminary Title Report or Updatcd Title Report, if any, within KBH's Objection
Pcriod, any exceptions shown 011 the Preliminary Title Report, or any new exceptions
shown on thc Updated Title Report, If any, will be deemed approved and part of the
Approved Title Conditions. In the cvent KBH delivers KBH's Objection Notice to Buyer
within KBH's Objection Period, Buyer shall have ten (!O) days ("Buyer's Election
Period") to notify KBH in writing whether Buyer intends to eliminate or ameliorate any
such objectionable title matter ("Buyer's ElectIon Notice"). If Buyer does not deliver
Buyer's Election Notice within Buyer's Elechon Pcriod or Buyer does not elect to
eliminate or amelioratc the disapproved exception(s), then KHH shall have thc right upon
delivery to Buyer and Escrow Holder (on or beflJre fIve (5) days following the expiration
ofKBH's Election Period) of a written notice, to either (A) waive its prior disapproval, in
which cvcnt said disapproved maters shall be deemed approved, or (B) terminate thIS
Agreement and the E~crow created pursuant hereto. Failure to take either onc of these
actions described in caluses (A) and (B) above shall be deemed to bc Buyer's election to
take tbe action dcscribcd in elause (A) above,
(ii) It~ in Buyer'~ Election Notice, Buyer ha~ agreed to either eliminate or
ameliorate to KBH's satisfaction by thc Closing Datc certain disapprovcd or
<;onditionally approved title matters described in KBH's Objection Notice, but Buycr is
unable to do so, thcn KBH shall have tbe right (which shall be KBH's sole and exdusive
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right or remedy for such failure), upon delivery to Buyer and Escrow Holder (on or
before one (1) husiness day prior to fue Closing Date) of a written notice to either (A)
waive its prior disapproval, in which event said Disapproved Exceptions shall be deemed
approved, or (B) terminate this Agreement and fue Escrow created pursUarIt hereto,
Failure to take eifuer one of the actions described in clauses (A) and (B) above shall bc
deemed to be Seller's election to take the action described in clause (A) ahove.
(iii) Buyer shall deliver title to Parcel D at fue Close of Escrow subject only to
the Parcel D Approved Title Conditions.
(iv) KBH may, at its option aIld cost, obtain title inSUfaI1Ce on Parcel D. At the
Close of Escrow, Title Company shall issue its CLTA Owner's Coverage Form Policy of
Title Insurancc (thc "Par<:el D Title Policy"), with liability in fue amount ofthe Parcel D
Purchase Pnce, showing title to Parcel D vested in KBH, subject only to the Parcel D
Approved Title Conditions.
(v) In fue event this Agreement is tenninated by KBH PUrSUarIt to the
provisions of this Paragraph 5(b), neifuer party shall have any further rights or obligations
hercunder, unless su<:h rights or obligations expressly provide fuat they are to survive fue
termination offuis Agreement.
6. RIGHT OF WAY IMPROVEMENTS.
(a) In fue event fuat the Seller pulls a building permit for thc project approved for Sitc
Development Rcview by Planning Commission Resolution No. 05-17 (P A 04-009) prior to fue
Buyer/City's award of a contract for construction of CIP Project No. 96852, KBH Investments,
LLC shall construct street improvements along fue Dublin Boulevard frontage of fue site arId
widen fue Dublin Boulevard to accommodate Dublin/Dougherty intersection improvements per
fue City's Capitallmprovcment Project No. 961152. Street improvements shall include curb &
gutter, sidewalk, hus turnout, pavement widening, drainage, utilities relocations, laIldscaping,
traffic signage & pavement markings, and street lighting (if necessary). Buyer/City shall provide
a credit against Downtown Duhlin Traffic Impact Fec for the project for any public frontage
Improvements per Buyer/City's Administrative Guidelines tor Downtown Traffic Impact Fees
(Resolution No. 210-04).
(b) All such improvements shall be completed by KBH hwestments, LLC, prior to
October I, 2006, and shan comply wifu all the conditions and exceptions set forfu in the
Improvement Agreement entered into and between the City of Dublin and KBH.
7 KBH'S ACCESS, Until this Agreement is terminated or otherwise expires, Buyer grants
to KBH and KBH's agents, employees and consultants a nonexclusive license to enter upon
Parcel D for the purpose of allowing KBH to conduct whatever soil and engineering tests,
feasibility studies, surveys and ofuer examinations of Par<:el D KBH deems appropriate upon
prior notice to and approval by the Buyer, which approval shall not be unreasonably withheld or
delayed,
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R. DELIVERIES TO ESCROW HOLDER
(a) Bv Seller Seller hcrcby covenants and agrees to deliver or cause to be delivered
to Escrow Holder at least one (I) business day prior to fue Closing Date the following
instruments alld documents, the delivery of each of which shall bc a condition to fue perfonnanec
by Buycr of its obligations under the terms of this Agreement.
(i) The Deeds. The Deeds, duly executed alld acknowledged m
recordablc form by cach party constituting Seller, conveying the Subjcct Propcrty to Buyer.
(ii) Non-Forcign Certification, A non-foreign certifkation duly
executed by each party constituting Seller under penalty of perjury in the form required under the
Internal Rcvcnuc Code of 19~6, as amended ("FIRPT A Certificate").
(iii) Scller's State Tax Withholding Certificate. A Real Estate
Withholding Exemption Certificate as required by California Rcvenuc and Taxation Code by
caeh party constituting Seller (Form 593-C) ("State Withholding Certifkate").
(h) Bv Buwr Buyer herehy covenants and agrees to dcliver or cause to be delivered
to Escrow Holder at least one (1) husmess day prior to the Closing Date the fllllowing
instruments and documents, the delivery of each of which shall he a condition to the Close of
Escrow
availahle funds.
(i) Net Purchase Price. The Net Purchasc Price In immediately
(ii) Parcel D Ouitclaim Decd. The Parcel D Quitclaim Deed duly
executed and acknowledged in recordablc form by Buyer, conveying Parcel D to Buyer
(cl Closing Costs. Buyer and Seller eacb shall pay their own attorney's fees in
connection with negotiating this Agreement and closing the Escrow. Buyer shall pay recording
costs, if any, escrow fees, thc titlc insurance premium, and allY documentary transfer taxes for
the Subject Property Seller shall pay recording costs, if any, escrow fees, the title insurance
premium, and any documentary transfer taxes for Parcel D.
9 CONDITIONS TO CLOSING.
(a) Conditions to Buycr's ObJigilliQ!.lli. The Close of Eserow and Buyer's obligation
to purchase the Suhject Property arc subject to the satisfaction of the f{,llowing conditions or
Buyer's written waiver of such conditions on or bcfore the Closing Date:
(i) Seller shall have performed all obligations to be performed by Seller
pursuant to this AgreemCllt prior to the Closing Date.
(ii) Seller's rcprcscntations and warranties set forth hercin shall be true and
correct as of the Closing Date.
(iii) The Title Company shall be committed to issue the Subject Property Title
Pohcy to Buyer effectIve as of the Closing Date.
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(iv) Between the EtTective Date and the Closing Date, there shall have heen no
material adverse challges in the condition, status or tltness of the Suhjcet Property for Buyer's
intend cd use or in the facts or circumstances concerning fue Subject Property
Buyer may waive in writing any or all of such conditIons in Its sole and ahsolutc discretion.
(h) ConditIOns to Seller's Ohlh#ions. The Close of Escrow and Seller's obligation
to purchase Parcel D are subject to fue satisfaction of the following conditions or Seller's written
waiver of such conditions on or before the Closing Date:
(1) Buyer shall have pcrformed all obligations to be performed by Buyer
pursuant to this Agreement prior to the Closing Date
(11) The Title Company shall he committed to issuc the Parcel D Title Policy
to KBH etli;.ctive as ofthe Closing Date.
(iii) Buyer's representations and warranties set forth herein shall he truc and
correct as of the Closing Date,
(iv) Bctwccn the Effcctivc Date and the Closing Date, there shall have been no
material adverse changes in the condition, status or fitness of Parcel 0 for KBH's intended use or
in the facts or circumstances concerning Parcel D
Seller may waive III wnting any or all of such conditions in its solc and absolute discretion.
10 DELIVERy OF EXCLUSIVE POSSESSION Seller shall deliver exclusive possession
of the Subject Property to Buyer at the Closing and Buyer shall deliver exclusive possession
(suhject only to the temporary constructIOn easemcnt dcscribcd in the Parcel D Quitclaim Deed)
of Parcel D to KBH at the Closmg.
11. INDEMNITY AND HOLD-HARMLESS CLAUSE RELATING TO CLAIMS BY
TENANTS By opcration of law (California Code of Civil Procedure section 1265 110, el seq ),
all Leases shall terminatc with rcgard to the Subject Property acquired hy Buyer under threat of
cmincnt domain. Seller agrccs to indemnify and hold Buyer harmless against any and all claims
arising out of this Agreement which may bc made or brought against Buyer pursuant to the tcrms
of the leases. Said claims may include, hut are not limitcd to (a) claims for compensation
arising out of Buyer's purchase of the Subject Property which is subjcct to the Leases, and (b)
claims for hreach of any of the Leases. Scller is expressly responsible for the defensc of any
such claims.
12, WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller
herchy warrants, reprcscnts, and/or covenants to Buyer
(a) Seller has not alienated, encumhercd, transferred, optioned, leased, assigncd,
transferred or othcrwisc conveyed its interest or allY portion of its intercst in the Subject Property
or any portion thereof except as set forth in the Title Report, nor has Buyer entercd into any
agrccmcnt (other than this Agrcement) so to do.
R
IUof?fo
(b) This Agreement constitutes the legal, valid and binding obligation of Sellcr
enforceable against SeHer in accordance with its terms, except to thc cxtent that such
enforcement may be limited by principles relating to or limiting the rights of contracting parties
generally Neither this Agrccmcnt nor the consummatiun uf any of the transactiuns
cuntemplated hereby violatcs ur shall violate any provision of any agreement or document to
which Seller is a party or tu which Seller is bound. No consent from any third party, other than
Seller's lender, is required before the Subject Parcel may be convcyed to Buyer
(c) To the bcst of Seller's knowledge, uther than certain environmental conditions
diselosed to Buyer that have been partially remediated by CRMX's predecessor in intcrcst on the
CRMX Real Property, there arc no actions, suits, matcrial claims, legal proceedings, or any uther
proceedings affecting the Subject Property or any purtlOn thereuf; at law, ur in equity before any
cuurt ur governmental agcn"y, domestk ur fureign.
(d) Until the clusing, Seller shaH maintain thc Subjcct Property in its current
condition and state of repair and maintenance, and shaH pert(,rm all of its ubligations under any
servIce "ontracts or ofuer contracts affecting the Suhjed Property
(e) Until thc Closing Date, Seller shall nut du anything which would impair Seller's
title to thc Subject Pruperty
(t) To the best of SeHer's knowledge, neither the executiun of this Agrccment nor the
periimnance of thc obligations herein will "onf1ict with, or breach any of the provisions of any
bond, nute, evidence of indcbtcdness, "untra"t, lease, ur uther agreement or instrument to which
the Subject Property may be bound.
(g) Until the Clusing, Seller shall, upon learning of any fact or condition which would
causc any uf the warranties and rcprcscntations herein nut to be true as of the Closing Date,
immediately givc written notice uf such fad or condition to Buyer
(h) Seller is not in default under, and SeHer has re"eived no nutice that any event has
uccurred which with thc giving of nutke or the passage of time, ur both, would constitute a
default under any contrad, transadiun, agreement, covenant, condition, restriction, lcase,
eascmcnt, en"umhran"e or instrument pertaining to thc Subject Property.
(i) Seller's materials delivered to Buyer in connection with the purchasc and sale of
the Subjed Property arc all of the documents or agreements affecting the Subject Property in
Buyer's posscssion or control or to wh,ch Buyer has reasunable access.
13 REPRESENTATIONS AND WARRANTIES OF BUYER, Buyer hereby represents,
warrants a!uVor covenants to SeHer that:
(a) Buyer has not alienated, ell "umhered, transferred, optiuned, leased, assigned,
transferred or otherwise "onveyed its interest ur any purtiun of its interest in Parcel D ur any
portlOn thereuf except as set forth in thc Preliminary Report, nor has Buyer entered into any
agreement (ofuer than this Agreement) so tu do.
9
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(b) This Agreement constitutcs the Icgal, valid and binding obligation of Buyer
enforceable against Buyer in accordance wIth lts terms, except to the extent that such
enforccmcnt may be limited by principles relating to or limiting the rights of eontracting partics
generally Neither this Agreement nor the consummation of any of the transactions
contemplated hereby violates or shall violate any provision of any agreement or document to
which Buyer is a party or to which Buyer is bound, No consent from any third party is required
before Parcel D may be conveyed to Scller
(c) To the best of Buyer's knowledge, there are no actions, suits, material claims,
legal proceedings, or any other proceedings affecting Parcel D or any portion thereof, at law, or
in cquity hetore any court or governmental agency, domestic or foreign.
(d) Until thc closing, Buyer shall maintain Parcel D in its current condition and state
of repair and maintenance, and shall pertonn all of its obligations under any service contracts or
othcr contracts affecting Parcel D
(e) Until the Closing Datc, Buyer shall not do anything which would impair Buyer's
title to Parcel D
(1) To the best of Buyer's knowledgc, neither thc cxccution of this Agrccmcnt nor the
performance of the obligations herein will conflict with, or breach any of fue provisions of any
bond, note, eVldence of indehtedness, contract, lease, or ofuer agreement or instrument to which
Parcel D may he hound.
(gl Until the closing, Buyer shall, upon learning of any fact or condition which would
cause any of the warranties and represcntations herein not to he truc as of thc Closing Date,
inunediately give writtcn notice of such fact or condition to Seller
(h) Buyer IS not in default under, and Buyer has received no notice that any event has
occurred which wifu the giving of notice or thc passagc of time, or both, would constitute a
default under any contract, transaction, agreement, covenant, condition, restriction, lease,
easement, encumbrance or instrument pertaining to Parcel D
(i) Buyer's matenals delivered to KBH in connection wifu the purchase and sale of
Parcel D are all of the docullients or agreements affecting Parcel D in Buyer's possession or
control or to which Buyer has reasonable access.
14 PRORATIONS.
(a) General. All real propcrty taxes and operating expenses, if any, affecting the
Subject Property or Parcel D shall be prorated as of 11 :59 p.m. on the day preceding the Close of
Escrow on an accrual basis. For purposes of caleulating prorations, Buyer shall be deemed to be
in title to the Subjcct Property, and therefore entitled to thc income and responsible for fue
expcnses related thereto, for the entJre day upon which the Close of Escrow occurs. KBH shall
be deemed to be in title to Parcel D, and therefore entitled to the income and responsible for the
expenses related thercto, for the cntire day upon which the Close of Escrow occurs.
10
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(b) Taxcs and Asscssmcnts. All non-delinquent real estate taxes and assessments on
the Subject Property, (except the Assessment Bond by the City of Dublin, Exception No.4, on
APN 941-0550-012-11, which shall stay with the remainder property), and Parcel D shall he
prorated hased on the a<.:lual current tax hill.
(c) Method ofPwration. All pwrations shall bc made in accordance with customary
pradice in the County, except as expressly provided herem. At least three (3) busincss days
prior to the Closing Date, Escrow Holder shall deliver to Seller and Buyers a tentative proration
schedule setting forth a prcliminary dctermination of prorations. Any taxes which have heen
paid hy Seller, prior to the opening of this escrow, shall not bc prorated between Buyer and
Seller, but Seller shall have the sole right, after close of es\,,'TOW, to apply to thc County Tax
Collector of said county for rcfund, if any The refund would apply to the penod after Buyer's
acquisition, pursuant to Rcvcnuc and Taxation Codc Section 50967. Any unpaid delinquent
taxcs and/or penalties and intcrcst thercon, and any delinquent or non-delinquent assessments or
honds agaillst the Suhjed Property shall he paid hy and charged to Scllcr If any information
needed for the proration of any item is not availahle, the partIes hereto shall re-prorate such item
after the Close of Escrow and payment shall be made pnllnptly to the party entitled thereto,
15. DISBURSEMENTS AND OTHER ACTIONS BY ESCROW HOLDER.
At the Close of ES\"Tow, Escrow Holder shall promptly undertake all of the following in
the manner indicated below
(a) Recording. Cause the Deeds, the Parcel D Quitelaim Decd, and any other
documents which the parties hereto may mutually direct to be recorded in the Omcial Records of
the County ("Oflkial Records") and ohtain conformed copics thereof for distribution to Buyer
and Seller.
(b) Deliver CODV of Deeds. Deliver one (I) certi lied copy of each of the recorded
Dccds to Seller and to Buyer.
(...) Payment of Funds. After payment of the Escrow Fees, Title Policy Fees and other
Closing Costs from funds deposited by Buyer, pay to Seller the funds in Escrow equal to the Net
Purchase Price, reduced only by the Seller's share of closing costs and prorations, as set forth in
this Agrcemcnt.
(d)
to Buycr
Titlc Policv Dircct the Title Company to issue the Suhjcct Property Title Policy
(e) Parcel D Title Policv Dired the Title Company to issue the Parcel D Title PolIcy
to KBH should KBH elect to purchase title insurance.
(f) Disbursement of DocuT(!ents.,&Buver. Dishursc to Buyer originals of the
FIRPTA CertIficate and the State Withholding Certificate and any other documents (or copies
thcreof) dcpositcd into Escrow by Seller which are to be delivered to Buycr
(g) Disburselnent of Documents to Scller Disburse to Seller originals of any
documents (or copies thereot) deposited into Escrow by Buyer which are to hc delivered to
Seller.
II
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16. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. Except a~ expressly
provided otherwise in this Agreement, it IS under~tood and agreed fuat neither Buyer nor Seller
nOT any of their agcnts, employees or contractors has made and is not now making, and Seller
and Buycr have not relied upon and will not rcly upon (directly or indircetly), any warrallties,
representation~ or guaranties of any kind or character, cxpress or implied, oral or written, past,
present or future, with re~pect to thc Subject Property and Parccl D (hereinafter in this paragraph
referred to as "property"), including, but not limited to, warranties, representations or guaranties
as to 0) matters oftitle (ofuer than Seller'~ warranty of title set forth in thc Deeds to be delivered
pur~uant to this Agrccment), (ii) environmental matters relating to the property or any portiOll
thereof; (iii) geological conditions, including, without limitation, subsidence, subsurface
conditions, water table, underground water reservoirs, limitations rcgarding the withdrawal of
water and earthquake faults and the rcsulting damage of past and/or future earthquakes, (iv)
whether, and to the extent to which, the property or any portion thereof are affected by any
~trcam (~urface or underground), body of watcr, flood prone area, flood plain, floodway or
specIal !load hazard, (v) drainagc, (vi) soil conditions, including thc existence of instability, past
soil repairs, soil addihons or conditions of soil fill, or susceptibility to landslides, or the
~ufficicney of any undershoring, (vii) zoning to which the property or any portion thereof may be
subject, (viii) the availability of any utilities to the property or any portion thereof including,
without limitation, water, sewage, gas and electric, (ix) usages of adjoining propcrty, (x) access
to thc property or any portion thereof; (xi) the value, compliance with the plans aIld
specifications, size, location, age, use, design, quality, descriptions, ~uitability, structural
integrity, operation, title to, or physical or financial condition of the propcrty or any portion
thereof, (xii) any income, expenses, charges, liens, cncumbrances, rights or claims on or
afteeting or pertaining to the property or aIly part thereof, (xiii) the presence of Hazardous
SuhstaIlces (as defined bclow) in or on, under or in the vicinity of the property, (xiv) the
condition or use of the property or compliance of the property with any or all past, present or
future federal, state or local ordinances, rules, regulation~ or laws, building, fire or zoning
ordinances, codes or other similar laws, (xv) the existence or non-existence of underground
storage tanks, (xvi) any other matter affceting the stability or integrity of the property, (xvii) the
potential for further development of the propcrty, or (xviii) the existence of vested land use,
zoning or building entitlements affecting the property Seller and Buyer further acknowledge
that any information of any type which Scllcr or Buyer has received or may receive froIn each
other or any of the other party's agents, el11ployee~ or contractors is fumi~hcd on the express
condition that each shall makc an independent verification of thc accuracy of such information,
all ~ueh information being furnished WIthout any rcpresentation or warranty whatsoever
17 SALE "AS IS" Seller and Buyer rcprcscnt that they are knowledgeable,
experienced and ~ophisticated buyers ofreal estate and that they have relied and shall rely solely
on (i) their own experti~e and that of their own consultant~ in purchasing Parcel D and tile
Subjcct Property, respectively, and (ii) their knowledge of the propcrty each is purcha~ing is
based on thcir own investigations and inspections, Seller and Buyer have conducted, or by the
Close of E~erow will conduct, such inspections and investigation~ thcy deemed or shall deem
necessary, including, but not limited to, the phy~ical and environmental conditions thereo1: and
shall rely upon same. Seller and Buycr shall asswne the risk that adverse matters, including, but
not limited to, adverse physical and ellvironmental conditions, may not have been revealed by
such inspcetions and investigations. Seller and Buyer acknowledgc and agree that, each shall
sell and convcy to the other aIld each shall accept the property "AS IS, WHERE IS," WITH ALL
FAULTS AND DEFECTS (latent and apparent),
12
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lH. NO ORAL AGREEMENTS. Seller and Buyer further acknowledge and agrcc that there
arc no oral agreements, warranties or representations, collateral to or atlecting Parecl D or the
Subject Property madc by Buycr or Seller, their agents, employees or contractors. The tenns and
conditions of this Paragraph 18 shall cxprcssly survive the Close of Escrow and not merge with
the delivery and recordation of the Dccds or the Parcel D Quitclaim Deed. Buyer and Seller are
not liable or bound in any manner by any oral or written statements, represcntations, or
infonnation pertaining to Parcel D or the Subject Property furnished by Buyer or Sellcr,
respectively, or any real cstatc brokcr, contractor, agent, employee, scrvant or ofuer person,
unless the same are specifically set forth in this Agreement. Seller and Buycr acknowledge that
the Purchase Price retleds the "as is, where is" nature of this sale and any faults, liabilities,
detects or other adverse matters that may be associated with the properties at issue. Seller and
Buyer have fully reviewed the disclaimers and waivers set forth in this Agreement with their
counsel and understand the significance and cffect thereof.
19 SURVIVAL. The disclaImers, representations, agreements, waivers, and rcleases by
Buyer contained in this Paragraphs 16 throuclI 19, above, shall survivc the Close of Escrow and
the recordation of the Grant Decds of Parccls A, Band C and the Parcel D Quitclaim Deed and
shall not be deemed merged into the Grant Deeds and/or the Parcel D Quitclal1n Deed upon their
recordation.
20. PERMISSION TO ENTER ON PREMISES.
(a) Subject to ParagraphI7(b), bclow, Seller hereby grants to Buyer, or its authorized
agents, pennission to enter upon the Subject Property at all rcasonable times prior to the Close of
Esc.;row for the purposc of making necessary or appropriate inspections and for fue purpose of
conunencing demolition and/or construction of the project for which the Subjcct Propertv is
being purchased.
(b) As a material part of the consideration for this Agreement, Buyer hereby agrccs to
indcmnify, protect, defend and hold Seller harmless from and against any loss,
damage, injury, accident, fire or other casualty, liability, claim, cost or expense
(including but not limited to actual attorneys' fees) of any kind or character to any
person or property arising from, caused by or related to (i) any use of the Subject
Property by Buyer or Buyer's contractor's agents or representatives, or (ii) any
bodily injury, property damage, accident, fire or other casualty on the Subject
Propcrty caused by the entry or actiVIties of Buyer prior to the Close of Escrow
The provisions of this Paragraoh 2Hb) shall survive any termination of this
Agreement.
(c) Upon the Close of Escrow, the Buyer grants to Seller, or its aufuorized agents,
permission to enter upon the Subject Property at all reasonable times prior to
August I, 2006 for the purpose of construction the street improvements rcfeTTed
to in Paragraph 6 above and set forth in the separate "Improvement Agreemcnt"
entered into hetween the partics.
13
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21 CLOSING STATEMENT. Each party instructs Eserow Holder to release a copy of such
parties closing statement to the other party (Buyer statement to be sent c/o Melissa Morton, City
of Dublin, 100 Civic Plaza, Dublin, California 945(8), thc purpose being to a~certain if any
reimbursements are due such party
22. CONDEMNATION AND DESTRUCTION
Loss or damagc to the Subject Property or any improvements thereon, by fire or other
casualty, occurring prior to the recordation of thc Dced of the Subject Property shall be at the
risk of Seller In the event that loss or damage to the Subject property or any improvements
thereon, by fire or other casualty, occurs prior to the recordation of the Deed, Buyer may elect to
rcquire that ScHer pay to Buyer fue proceeds of any insurance which may become payable to
Scller by reason thcrcof.
Loss or damage to Parcel D or any improvements thereon, by fire or other casualty,
occurring prior to the recordation ofthe Quitclaim Deed of Parcel D shall be at the risk of Buycr
In the event that loss or damage to Parcel D or any improvements thereon, by fire or other
casualty, occurs prior to the recordatllln uf the Quitelaim Deed of Parcel D, Seller may elect to
require that Buyer pay to Seller the proceeds of any insurance which may become payable tu
Buyer by rcason thereof.
23, CONTINGENCY It is understood and agreed between the parties hcrcto 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 thc delivery
of same to Escrow Agent constitute said acceptance and approval.
24 NOTICES. Notices and uther deliveries pursuant to this Agreement may be delivered by
privatc messcngcr scrviee, mail, overnight courier or delivery servicc, or facsimile. Any notice
or document required or permittcd to bc delivered by either party shall be in writing and shall be
deemed to be given on the date received by (or on thc date receipt was refused by) the party;
provided, however, that all nutices and documents (i) mailed to a party in the United Statcs Mail,
postage prepaid, certified mail, return receipt requested, shall be deemed to have been rcccived 3
days after mailing; or (ii) delivered by overnight couricr or delivery service shall bc dccmed
received the next business day aftcr dcposit with a reputable overnight courier or delivery service
for overnight dehvery The addrcss of thc parties shall for all purposes be the foHowing, unless
otherwise changed by the party hy notice to thc othcr as provided in this subparagraph,
TO BUYER.
City of Dublin
Attn, Richard C Ambrose
100 Civic Plaza
Dublin, CA 94568
FAX. 925-829-9248
WITH A COPY TO'
Meyers, Nave, Riback, Silver & Wilson
555 12th Street, Suite 1500
Oakland, CA 94607
FAX. 51O-80S-2000
Attn. Elizabeth Silver
14
/6()! 70
TO SELLER.
KBH Investments LLC
385 Castle Crest Road
Alamo, CA 94507
FAX, 925-833-R669
Attn: Kennefu C Harvey
WITH A COpy TO'
Greenan, Peffcr, Sallander & Lally LLP
6111 Bollinger Canyon Road, Suite 500
San Ramon, California 945R3-001O
FAX. 925-ll30-8787
Attn. H. Ray Peffer, Esq.
Notke of <.:hangc of address shall be given by written noticc in the maIllier detailed in this
Paragraoh 24
25 MISCELLANEOUS.
(a) Entire Agreement. This Agrccmcnt (including all Exhibits attached hereto) IS the
final cxprcssion of and contains the entIre agreemcnt between, the parties with respect to the
suhjeet matter hercof and supersedes all prior understandings with respect thereto. This
Agreement may not he modificd, changed, supplemented or terminated, nor may any ohligations
hereunder be waived, ex<.:ept hy written instrument signed by the party to be charged or hy its
agent duly authorized in writing or as otherwise expressly permitted herein, The parties do not
intend to confer any henefit hereunder on any person, firm or <.:orporation other than the partics
hereto
(b) Partial lnvalidih If any tcrm or provision of this Agreement or the application
thereof to any person or circumstan<.:e shall, to any extent, be invalid or unenforceable, the
remainder of this Agreement, or the applkatjon of such term or provision to persons or
circumstances other thaI! those as to which it is held invahd or unenforceable, shall not bc
affcctcd thereby, and each such term and provision of this Agreement shall be valid and he
enforced to thc fullcst cxtent permitted by law.
(c) Waivers. No waiver of any breach of any covenant or provision herein contained
shan he deemed a waiver of any preceding or succccding breach thereof, or of any other
covenant or provision herein contained, No extension oftimc for performan<.:e of any obligation
or act shall be deemed an extension of the time for perti.lrmancc of any ofuer obligation or act.
(d) Survival of Representations, Limitation of Seller's Liabilitv Thc covenants,
agreements, rcprcsentations and warranties made herein shall survive the Close of Eserow and
shall not merge into the Deeds or the Parcel D Grant Deed and the rccordation thereof in the
Official Records; providcd, that Buyer must give Seller written notice of any claim it may have
against Seller for a brea<.:h of any Seller representatJon or warranty, or for breach of any
covenants of Seller contained in this Agrccment, within twelvc (12) months after the Close of
Escrow Any claim which Buyer may havc at any time, whether known or unknown, which is
not asserted WIthin such twclve (12) month period shall not be valid or cffective, and Seller shall
havc no liability with respect thereto. Without limiting the forcgoing, in no event shall Seller's
15
17rf 7(,
hability for any or all breaches offuis Agrcement or the rcpre5cntations and warranties provided
hereunder exceed, in the ag!,'fcgate, the Net Pun.:hase Price. The provisions of till:; Paragraph
25(d) shall survive fuc Closing.
(c) Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit ofthc permitted succcssors and assigns ofthe partie:; hereto,
(f) Professional Fccs. In the event of the bnnging of any action or suit by a party
hcreto against another party hereunder by rea:;on of any breacb of any of the covenants,
agreement:; or provisions on the part of the other party arising out of fuis Agreement, then in that
event the prevailing party shall bc entitled to have and recover of and from the other party all
costs and expense:; of the action or suit, including rcasonable attorneys' fees, accounting and
enginecring fees, and any ofuer professional fees resulting therefrom.
(g) Time of Essence. Seller and Buyer hercby acknowledge and agrec fuat time is
strictly of thc e:;sence with respect to each and every term, condition, obligation aIld provision
hereof and that failure to timcly pcrform any of the tenns, conditions, obligations or provisions
hcreof by cither party shall constitute a material breach of and a non-curable (but waivable)
default under fuis Agreement by the party so failing to perform.
(h) Construction. Headings at fue beginning of cach paragraph and subparagraph are
solely for the conveniencc of the parties and are not a part of the Agreement. Whenever required
by fue context of this Agreement, the smguJar shall include fuc plural and the masculine shall
include the feminine and vicc versa. This Agreement shall not be construed as if it had been
preparcd by onc of the parties, but rather as if both parties had prepared the same. Unlcss
otherwise indicated, all referenccs to paragraphs and subparagraphs are to fuis Agreement. All
exhibi ts referred to in this Agreement are attached and incorporated b:r this reference. In the
event the date on which Buyer or Seller is required to take any action under the tcrms of this
Agreemcnt is not a business day, the actIOn shall he taken on thc next succeeding business day
(i) Governing Law: Consent to Jurisdiction. Thc parties hereto acknowledge that this
Agrecment has becn negotiated and entered into in the State. The parties hereto expressly agree
that this Agreement shall he governed by, interprcted under, and construed and enforced in
accordance with thc laws of the State. The parties hereto agree that any legal action or
proceeding brought by eithcr party hereto and arising from or in connection with this Agrcement
or any breach hercunder shall bc brought in the Califomia Superior Court for the County of
Alamcda.
OJ Counterparts. This Agreement may bc executed in counterparts, all of which
when taken together shall constitutc one complete instrument.
(k) Mutual Contribution. Both parties to this Agreement have been reprcsentcd by
separate and indcpendent legal counsel in the negotiation and preparation of fuis Agreement.
This Agrcemcnt bas been draft cd on the basis of the parties' mutual contributions of language
and fuc Agreement is not to bc construed against any party as being the drafter of this
Agreement.
16
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[Signatures Only on Following Page]
17
IN WITNESS WHEREOF, the parties have signed this Agreement as of the date
hereinabove written.
"BUYER"
CITY OF DUBLIN
By
JANET LOCKHART, Mayor
ATTEST
By
RECOMMENDED FOR APPROVAL.
MEYERS, NAVE, RIBACK, SILVER & WILSON
.,ct,.. j~
CLAUDIA J RH
Attorneys for CITY OF DUBLIN
"SELLER"
KBH
KBH INVESTMEN
a California hmit
BY'
KENN
"SELLER"
CRMX
CRMX-115, Inc.,
a California corporation
BY'
. -
RALPH B. BUNJE, JR.
Executivc Vice PresIdent
1'10(70
IS
;ioo,l7t,
ACCEPTANCE OF ESCROW HOLDER
The undersigned hereby a<.:knowledges that it has received a fully executed counterpart of
the toregoing Agreement aIld agrees to ad as tlS<.:TOW holder under the Agreement and to be
bound by and perform the tenns thereof as such terms apply to escrow holder
North American Title Company
BY'
Escrow No.
Name: Pam Thompson
Title: Title Officer
Date:
19
;</"{70
EXHIBIT "A"
LEGAL DESCRIPTION OF PARCEL A
20
/) ot";'/,
FEE ACQUISITION
APN No Q41-0550-012-11
Exhibit "A"
All that real property situate in the City of Dublin, County of Alameda, State of California, being
a portion of the parcel described in that certain document recorded on Novembcr 23, 1988 in
Document No 88-300237, Alameda County Records, more paIticularly described as follows:
BEGINNING at the intcrsection of the westerly line of first said parcel with the southeasterly lille
of Parcel B-2, as said parcel is descrihed in that certain document rceorded on Septemher 28, 1992
m Document No, 92-313601, said county records; .
Thencc along said southeasterly line, North 57011 '33" East, 110.25 feet to thc beginning of a non
tangent curve to thc right having a radius of 697 42 feet, from which point a radial line bears South
33000'36" East;
Thence continuing along said southcasterly line, along said curve through a central anglc of
10"11 '49", for an arc lcngth of 12412 feet to the easterly line of first said parccl,
Thence leaving said southeasterly line, and along last said line, South 01012' 59" West, 21.80 feet
to the bcginning of a non tangcnt curve to the left havillg a radius of 1400,00 feet, from which
point a radial line bears South 23051 '08" East;
Thence leaving said casterly line, along said curve through a central angle of 9000'46", for an arc
length of 220.22 feet;
Thence South 57008'Oti" West, 10.05 fect to said wcsterly line of first said parcel;
Thencc along last said linc, North 01 012'59" East, 13 99 feet the POINT OF BEGINNING of this
description.
Containing an area of 3,663 squarc fect, 0 08 acres, more or less.
TOGETHER with a Temporary Construction Easement, to terminate upon complction of
construction, for the purposes and incidents thereto over, across and upon a strip of land 10 feel In
width, the northwcstcrly line of said strip lying contiguous to the southeasterly line of the above
described parcel.
Exhihlt "An
Page 1 of 2
,- - .-!,- b
? ::./o~' /
A plat showing thc above describcd parcel and tcmporary easement is attachcd heTCto and made a
part hereof as Exhihit "B".
This description was prepared by me or under my dircction in conformance with fue Professional
Land Surveyors Act.
B~U3~
License Expires 6/30/2004
K:lMainlZOO1'0XJ1 BQ02.1O\Ll:.aALIJIlOHR.do~
Dated:JvUIl 2-'>) ~O~
Exhihlt "A"
Page 2 of 2
"1,1 ("
,.., T p' I b
EXHIBIT "A-I"
DEPICTION OF PARCEL A
21
FEE ACQUISITION
.t 50! '/ {,
PARCEL B-1
DOC 92-313601
BASIS OF BEARINGS
THE BEARING N 32.48'00" WEST, THE MONUMENT
LINE ON DOUGHERTY ROAD, BETWEEN FOUND
MONUMENTS AS SHOWN ON THE MAP ENTlTLED
"PARCEL MAP 1043" FILED FOR RECORD ON
SEPlEMBER 28, 1973 AND RECORDED IN BOOK 80
OF PARCEL MAPS AT PAGE 29, IS USED AS THE
BASIS OF BEARINGS FOR THIS PLAT.
LEGEND
APN - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
sq. ft. - SQUARE FEET
/"
~ t>-"f-~
O~'V PARCEL B-2
/' ~ <l} DOC 92-31360'
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FEE ACQUISITlON
3663 sq. ft. :I:
0.08 acres :I:
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LANDS OF O. MICHAEL NOHR
88-300237
APN: 941-550-012-11
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LINE TABLE
LINE BEARING
L1 S 0,.,2'59" W
L2 S 57'08'06" W
L3 N 0,.,2'59"
LENGTH
21,80'
10.05'
13.99'
REFERENCES
CD IBM 90-91
\
Bkf
4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
Sub'eet EXHIBIT "<\-1"
DUE/UN BLVD.-DOUGHERTY RD. WIDENING
Job No. 20016002
By RL Date ~JQ1.__ Chkd.CK
SHEET 1 OF 1
E_'_\~,lloolP..-
1<1' I,lrDJ'\C16002\Dw~\~lo."t~\NDMR.a.R "'/2312Qo"" 3,24'47 PM n
;?6of')b
EXHIBIT "B"
LEGAl, DESCRIPTION OF PARCEL B
22
J '1 b ( Ii
FEE ACQUISITION
APN No. 941-0550-0iJ-04
EXHIBIT "B"
All that real property situate in fue City of Dublin, County of Alameda, State of California,
described as follows;
BEING a portion of PARCEL ONE, as said parcel is describcd in that certain dOCUmellt recorded
on January 13,2006 in Document No. 2006017634, Offkial Records, Alameda County Records,
more particularly described as follows:
BEGINNING at intersectioD of the westerly line of said PARCEL ONE with the southerly line of
Parcel C-l, as said parcel is described in that certain document recorded on May 21, 1992 in
Documcnt No. 92202093, Official. Records, said county records;
Tbence along the southerly lille of last said parcel, North 67015'56" East 1.41 feet to the beginning
of a non tangcnt curve to the right having a radius of 945.00 feet, to which point a radial line bears
North 22029'59" West;
Thcnce continuing along said southerly line, along said curvc through a ccntral angle of
12"02'22", for an arc length of 19857 feet to the soufueast comer of last said parcel, also beillg a
point on the easterly linc of first ~aidparcel;
Thencc Icaving said southerly line and al~mg said easterly line, South 01012'59" Wcst, 10.04 feet
to the beginning of a non tangcnt curve to fue left, having a radius of 70 00 fcet, to which point a
radial line bears North 14"42'16" West;
Tnencc lcavmg said easterly line and along said curve through a central angle of 00"51 '09", an arc
length of 1.04 feet to the beginning of a compound curve having a radius of 1400,00 fcet;
Thence along said curve, through a central angle of 08"17' 36", an arc lengfu of 202.64 feet to said
westerly line of PARCEL ONE;
Thence along said line, North 01 "12'59" East, 21.80 feet to the POINT OF BEGINNING of this
description.
Containing an arca of 3,228 ~lluare feet, 0 07 acres, morc or 1cs~.
TOGETHER with a Temporary Construction Easement, to tcrminate upon completion of
construction, for the purposcs and incidents thereto over, across and upon a stnp of land 10 feet in
width, thc northwesterlv line of said strip lying conllguolls to the southeasterly linc of the abovc
descrihed parcel.
EXHIBIT "B"
Page 1 of 2
)'l 0 f "f:>
A plat showing the above described parcel and temporary easement is attached hercto and made a
part hereof as Exhibit "B"
This description was preparcd by me or under my direction in conformance with the Professional
Lalld Surveyors Act.
Randall L. Heiken, LS 5756
License Expires 6/3012006
K:lMilin\ZOOl\2COlilOO2.' (l\LE.GAlIDOL.J.JII..B_(CRM.X-115)..dot
&,. lb. ob
Date
EXHIBIT "B"
Page 2 of 2
;9 ~f1b
EXHIBIT "B-1 "
DEPICTION OF PARCEL B
23
FEE ACQUISITION
BASIS OF BEARINGS
THE BEARING N 32"48'00" WEST. THE MONUMENT
LINE ON DOUGHERTY ROAD, BETWEEN FOUND
MONUMENTS AS SHOWN ON THE MAP ENTITLED
"PARceL MAP 1043" 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.
:}Or;f7J.
LEGEND
APN - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
sq. ft. - SQUARE FEET
PARCEL C-1
DOC. NO. 92202093
SEE DETAIL "A'
'1-
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\ ~~
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P.O.B.
FEE ACQUISlll0N
3,225 sq. ft. ::
0.07 acres :I:
---
R=1400,OO'
tF817'36"
L=202.64'
---
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/' DETAIL 'A'
,..- SCALE.'''=10' ~
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/
/
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LANDS OF \
CRMX-115, INC.
A CALIFORNIA CORPORATION
PARCEL ONE "
OOC. NO. 2006017634
APN: 941-0550-013-04
LINE TABLE
BEARING
N 6715'56" E
S 0112'59" W
N 01'12'59" E
LINE
L1
L2
L3
LENGTH
1.41'
10.04'
21.80'
CURVE
Cl
DELTA
0'51'09"
0.1t..,O~
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4780 CHABOT DRIVE
SUITE 104-
PLEASANTON, CA 94588
925-396-7700
92,,-396-7799 (FAX)
Sub'eel EXHIBTT"B-I"
DUBLIN BLVD.-DOUGHERTY RD. WIDENING
Job No. 20016002
By RL Dote 06/15/06 Chkd RLH
SHEET 1 OF 1
I(I\Sul" 1 IJtl2'\Dwc\oLII. ~ LAN J. (C; 1 ),CII'/ro 6/15/2DD!:' 10 11J1 M PDT
? {(If'?,b
EXHIBIT "C"
LEGAl" DESCRIPTION OF PARCEL C
24
37 /; f ?1
FEE ACQUISITION
APN No. 941-0550-014-04
EXHIBIT "C"
All that real property situate in the City of Dublin, County of AlaIneda, State of California,
described as follows:
BEING a portion of PARCEL TWO, as said parcel is described in that certain document
recorded on January 13, 2006 in Document No. 2006017634, Official Records, AlaIneda
County Records, more particularly describcd as follows:
BEGINNING at the intersection of the westerly line of said PARCEL TWO with the southerly
line of the parcel entitled "RIGHT OF WAY ACQUISITION" as described in that certain
document recorded on February 3, 2004, in Document 2'004047612, Official Records, said
county records, said intcrsection being thc beginning of a non tangent curve to the right having
a radius of 945 00 feet, to which point a radial line bears North 10027'37" West:
Thence easterly along the southerly line of last said parccl, along said curve through a centwl
angle of 11015'09", all arc length of 185.59 feet to the southeast comer of last said parcel, also
being a point on the easterly line \If first said parccl,
Thence leaving said southcrly line and along said easterly linc, South 01012'59" West 0.38
feet:
Thencc leaving last saJd line, North 89"01 '59" West 3.78 feet to the beginning of a ~urve to the
left having a radius of 70 00 feet;
Thence along said curve through a central angle of 17" I 0' 12", an aJ'C Icngth of 20.98 feet;
Thence South 73"47'49" West 41 71 feet to the beginning of a curve to the right havmg a
radius of 50.00 feet;
Thence along said curve through a central angle of 10007'42", an arc length of 8.84 feet to the
beginnillg of a revcrsc curve having a radius of 579.00 feet;
Thence along said curve through a central angle of 04015' 45", an arc length of 43.07 fcct to thc
beginning of a reverse curve having a radius of 50 00 feet;
Thence along said curve through a central angle of 10022'38", an arc lcngth of 9.06 feet;
Thence North 89057'36" West 42.18 feet to the beginning of a curve to thc left having a radius
of?O 00 feet;
EXHIBIT "c"
Pagc 1 of;>
J3of?h
Thence along said curve through a central angle of 14044' 40", an arc length of 18.01 feet to the
westerly line of said PARCEL TWO;
Thence along said line North 01012'59" East 10.04 feet to the POINT OF BEGINNING.
Containing an area of 2,078 square fcct, 0 05 acres, more or le~s_
TOGETHER with a Temporary Construction Easement, to terminate upon completion of
construction, for the purposes ",ud incidents thereto over, across and upon a strip of land 10 feet
in width, the northwesterly line of said strip lying contiguous to the southeasterly line of the
abovc described parcel.
A plat showing the abovc described parccl and temporary easement is attached hereto and
made a part hereof as Exhibit "B"
This description was preparcd by me or under my direction in conformance with thc
Professional. Land Survcyors Act.
Randall L. Hciken, S 57 6
License Expires 6/30/2006
KWAi~OOl\20011KXl2.tD\U~aAl..\DOLA,..tA....ICRMx..115}.doc
b-/b-o(...
Date
EXHIBIT "C"
Page 2 uf 2
3L(o('7(,
EXHIBIT "C-I"
DEPICTION OF PARCEL C
25
," "
FEE ACQUISITION
-
BASIS OF BEARINGS
THE BEARING N 32'48'00" WEST, THE MONUMENT
LINE ON DOUGHERTY ROAD, BETWEEN FOUND
MONUMENTS AS SHOWN ON THE MAP ENTITLED
'p ARCEL MAP 1043" FILED FOR RECORD ON
SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80
OF PARCEL MAPS AT PAGE 29, IS USED AS THE
BASIS OF BEARINGS FOR THIS PLAT.
--
-----
--
--
--
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LEGEND
APN - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
sq. ft. - SQUARE FEET
DUBLIN BOULEVARD
RIGHT OF WAY ACQUISITION
DOC. NO, 2004047612
FEE ACQUISITION
2,078 sq. ft. :l:
0.05 acres
C3
_~ C4 __
10' WIDE TEMPORARY /" ~'L? .......
CONSTRUCTION EASEMEN;T SCALE"1"~lO'"
LANDS OF
CRMX-l1S, INC. (
A CALIFORNIA CORPORA 110N
PARCEL TWO
DOC. NO. 2006017634
APN: 941-0550-014-04
R-945.00'
l\ml1iS'09"
Lg185.59'
CURVE
C1
C2
C3
C4
CS
LINE
L1
l2
L3
L4
LS
4780 CHABOT DRIVE
SUITE 104-
PLEASANTON, CA 94-588
925-396-7700
925-396-7799 (FAX)
Kt\SUI'D1 02\DWA\~ltL'tlO\DDI. ~A~( x U5),tlws:I 1./14/2Q06 I I 6 PH PDT
SEE DETAIL "A'
C1
\
\
/
/
/'"
:::;
L2
\
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----
CURVE TABLE
LENGTH RADIUS
20.98' 70. 0'
8,84' 50.00'
43.07' S79.00'
9.0B' SO.OO'
18.01' 70.00'
DELTA
17'10'1 ..
10'07' 42"
41S'4S"
10'22'38"
14'44'40"
LINE TABLE
BEARING
S 01'1 'S9" W
N 89'01'59" W
S 73'47'49" W
N 89'57'36" W
N 0112'59" E
LENGTH
0.38'
3.78'
4-1.71'
4 .18'
10.04'
3? or 'If,
(1
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Sub' eel EXHIBIT "C.]"
DUBt I N BLVD. -DOUGHERTY RD. W I DEN I NG
Job No 20016002
By RL Oat e 06/15/06 Chkd RLH
SHEET 1 OF 1
]6~/rlb
EXHIBIT "D"
LEGAL DESCRIPTION OF PARCEL 0 FEE
26
37of70
FEE ACQUISITION
APN No. 941-0550-010-20
EXHIBIT "D"
All that real property situate in fue City of Dublin, County of Alameda, State of California,
described as follows:
Being a portion of PARCEL A-3, descrihed in that certain documcnt recorded on March 10, 1993
in Document No, 93-084406, Alamcda County Records, more particularly dcserihed as follows:
BEGINNING at the intersection of the eastcrly line of said PARCEL A-3 and the southeasterly
right"of-way line of Dublin Boulevard;
Thence along said easterly line, South 01012'59" WeM 13,99 feet to the TRUE POINT OF
BEGINNING,
Thcnce leaving said easterly line, South 57008'06" West 21.39 feet to the beginning of a curve to
the left, having a radius of 22.00 feet,
Thence along said curvc, through a central angle of 13001 '06", an arc length of 5 00 feet to the
bcginning of a non-tangent curve, having a radius of 50 00 fcet, to which point a radial line bears
North 73040'18" Wcst;
Thence southerly and southcasterly along said curve, through a central angle of 43"33 '21", an arc
lcngth of 38.01 fcct;
Thence South 32040'26" East 30.85 feet to said eastcrly line of PARCEL A-3,
Thence along said casterly line North 01012'59" East 77,69 feet to fuc TRUE POINT OF
BEGINNING
Containing an area of J ,193 squarc feet, 0.03 acres more or less.
A plat showing fue above described pan:el is attached hereto and made a part hereof as Exhibit "B"
Dated: 5 ~ '20 - 0;'
Randall L. Heiken, LS 5750
License Expires 6/3012006
K:\/o.1iliIl1.2D01'.;:'IJCl16IJCl2-10\Lt.GAL\CITY PARCI;:~ j.doc
EXHIBIT "D"
Page 1 of 1
]'lof/)f:,
EXHIBIT "D-l"
LEGAL DESCRIPTION OF PARCEL D
TEMPORARY CONSTRUCTION EASEMENT
27
39 0 ( 76
TEMPORARY CONSTRUCTION EASEl\1ENT
APN No. 941-0550-010-20
EXHIBIT "D-l"
All that real propcrty situate in the City of Dublin, County of Alameda, State of California,
descrihed as follows:
Being a portion of PARCEL A-3, describcd in that certain document recorded on March 10, 1993
in Document No, 93-084406, Alameda County Records, more particularly described as follows.
BEGINNING at the intersection of the easterly line of said PARCEL A-3 and the southeasterly
right-of-way line of Dublin Boulevard;
Thencc along said easterly line, South 01012'59" West 13.99 feet to the TRUE POINT OF
BEGINNING,
Thence leaving said easterly line, South 57008'06" West 21.39 feet to the beginmng of a curve to
the left, having a radius of 22.00 feet,
Thence along said curve, through a central angle of 13"01 '06", an arc length of 5.00 fect to the
beginning of a non-tangent curve, having a radius of 50 00 feet, to which point a radial line bears
North 73040' 18" West;
Thence southerly and southeasterly along said curve, furough a central angle of 43033'21", an arc
length of 38.01 feet;
Thence South 32040'26" East 30.85 feet to said easterly line of PARCEL A-3,
Thence along said easterly line North 01 "12'59" East 17.93 feet;
Thence leaving said easterly line, North 32040'26" West 27.53 feet to fue beginning of a curve to
the right having a radius of 12.00 feet;
Thcnce along said curve, through a central angle of 89048'32", an arc length of 18.81 feet;
Thence North 57"08'06" East 14.63 fcet to said eastcrly line of PARCEL A-3,
Thence along said line North 01"\2'59" East 12.07 feet to TRUE POINT OF BEGINNING
Containing an area of 698 square feet, 0.02 acres more or less.
EXHIBIT "D-I"
Page 1 of 2
Lj-6~(7b
A plat showing the ahove described parcells attached hereto and made a part hereof as Exhibit "B"
This description was prepared by me or under my direction in conformance with the Professional
Land Surveyors Act.
Dated: ;; - 2.0 -b5
EXHIBIT "D-1"
Page 2 of 2
'f ( oh b
EXHIBIT "D-2"
DEPICTiON OF PARCEl, 0 FEE
28
"
/"
/
LEGEND
APN - ASSESSOR PARCEL NUMBER
BOW - BACK OF WALK
EX - EXISTING
O.R. - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
(R) - RADIAL
ROW - RIGHT-OF-WAY
sq. ft. - SQUARE FEET
T.P.O.B. - TRUE POINT OF BEGINNING
\ I
\:
~
WOHLROSS ASSOCIATES
APN: 941-550-10-22
DOCR 91-312613
6500 SCARLETT COURT
REFE'RFNCES
CD 18 M 90-91
~Bkr
II '...."'III_"~
tfxoj/
FEE ACQUISITION
BASIS OF BEARINGS
THE BEARING N 32'48'00. WEST. THE MONUMENT
LINE ON DOUGHERTY ROAD, BETWEEN FOUND
MONUMENTS AS SHOWN ON THE MAP ENTl'TLED
.p ARCEL MAP 1043" FILED FOR RECORD ON
SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80
OF PARCEL MAPS AT PAGE 29, IS USED AS THE
BASIS OF 8EARINGS FOR THIS PLAT.
'Ovf(J"';'i'-~'O
OVV
~
AREA TO BE RETAINED
':!..zJ'40'7S"
--..:. ~ (R)
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LANDS OF D MICHAEL NOHR
86- 300237
APN: 941-550-012-11
t,
7
LINE
L1
LINE TABLE
BEARING
S 01'12'59" W
LENGTH
13,99'
CURVE
C1
LEN GTH
5.00'
PARCEL 1
1,193 sq. ft. %
0.03 acres ::l;
LANOS OF THE CITY OF DUBLIN
PARCEL A-3
93-084406
APN: 941-550-010-20
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4780 CHABOT DRIVE
SUITE 104
PLEASANTON. CA 94586
925-396-7700
925-396-7799 (FAX)
Sub' eat EXHIBIT "D-2"
DUBL, N BLVD. DOUGHERTY RD. W I DEN I NG
Job No 20016002
By RL Date OS/20/05 Chkd RLH
SHEET 1 OF 1
KI\$I.lI'"IU\Dll!iflOc: .~~lll. iO\I;;IH PAi:'l I.. l,cllI'o 5/ D~ 81161 ~fot PDT
EXHIBIT "D-3"
DEPICTION 01" PARCEL D
TEMPORARY CONSTRUCTION EASEMENT
t.j3 0 (;10
29
TEMPORARY CONSTRUCTION EASEMENT <Ii 06
/ BASIS OF BEARINGS /
LEGEND THE BEARING N 32"48'00" WEST. THE MONUMENT
APN - ASSESSOR PARCEL NUMBER LINE ON DOUGHERTY ROAO, BETWEEN FOUND
BOW - BACK OF WALK MONUMENTS AS SHOWN ON THE MAP ENTITLED
EX - EXISTING "PARCEL MAP 1043" FILED FOR RECORD ON
O,R. - OFFICIAL RECORDS SEPTEMBER 28, 1973 AND RECORDED IN BOOK 80
P.O.B. - POINT OF BEGINNING ~ OF PARCEL MAPS AT PAGE 29, IS USED AS THE
(R) - RADIAL ~.... -n..'Q BASIS OF BEARINGS FOR THIS PLAT
ROW - RIGHT-OF-WAY ~~ .....J.t>-~
sq. ft. - SQUARE FEET 'Q ~ ~
T.C.E. - TEMPORARY CONSTRUCTION O'\}V
EASEMENT ~
T.P O.B. - TRUE POINT OF BEGINNING
'\1
'2
\1 9, '+ 't,>ft.<90 I
I. ~ "b ~'fJ. 'j. I N
"i-'f. \\. - --.!J'40'/fr
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'" 698 sq. ft. :I: IC3
0,02 acres :I: f'
""" PROPOS~
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L1
L2
L3
L4
CURVE
Cl
C2
C3
LANDS OF D. MICHAEL NOHR
88-300237
APN: 941-550-012-11
!!
...
1
LEN GTH
13,99'
17.93'
14.63'
12.07'
CURVE TABLE
RADIUS DELTA
22.00' 13'01'08"
50.00' 43'33'21"
12.00' 89"48'32"
LENGTH
5.00'
38.01'
18. l'
LANDS OF THE CITY OF DUBLIN
PARCEL A-3
93~84408
APN: 941-550-010-20
WOHLROSS ASSOCIATES
APN:941-550-10-22
OOC# 91-312813
6500 SCARLETT COURT
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Subject EXHTBIT"D-3"
4780 CHABOT DRIVE DUBlI N BLVD, -DOUGHERTY RD. W I DEN I NG
SUITE 104
PLEASANTON, CA 94588 Job No 20016002
925-398-7700 By RL Dote OS/20/05 Chkd.RLH
925-396-7799 (FAX) SHEET 1 OF 1
REFERENCFS
CD 18 M 90-91
~,............".."Bkf
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EXHIBIT "E"
FORM OF GRANT DEED
RECORDING REOUESTED BY AND
CITY OF DUBLIN
WHEN RECORDED MAIL TO.
CITY OF DUBLIN
Richard C Ambrose
100 Civic Plaza
Dublin, CA 9456H
No Fee Requircd Govt. Codc ~ 27383
APN: 941-0550-012-11
SP~C[ ABOV>' THIS LINE FOR RhCORDEWS USE
The undcrsigned Grantor hereby dcclares this instrument 10 he EXEMPT /Tom Recording Fees
(Gov Code S 273H3) and Documentary Transfer Tax (Rev & Tax. Code ~ 11922),
GRANT DEED
FOR VALUABLE CONSIDERA nON, rcecipl of which is herehy acknowledged, KBH
Investments LLC, a California limIted liability company grants to the City of Dublin, a
mumcipal corporation, the following described real property (the "Property") located in fue City
of Dublin, County of Alameda, State of Califumia, described herein as Parcel A, as describcd in
Exhibit A, depicted on Exhibit A-I, atlached hereto and incorporatcd herein by this reference
subject to.
Non-dclinquent real cstate taxes.
2. All other covenants, conditions, restrictions, reservations, rights, rights of way,
easemcnts, leases, cncumhrances, liens and title matters whether or not of record or visible /Tom
an inspection of the Property and all matters which an accuratc survey of fue Property would
disclose.
IN 'W ITNESS WHEREOF, Grantor has caused this Grant Deed to be cxecuted as of the
_ day of_ __ ___,2006
GRANTOR,
KBH Investments, LLC,
a California limited liability company
Kenneth C Harvey, Manager
30
'-I (. t>f7 {,
EXHIBIT "A"
LEGAL DESCRIPTION OF PARCEL A
31
Lf7pl-7G
. FEE ACQUISITION
APN No. 941-0550-012-11
Exhibit "A"
All that real property situate in fue City of Dublin, County of Alameda, State of California, being
a portion of the parcel described in that certain document recorded on November 23, 1988 in
Document No. 88-300237, Alameda County Records, more particularly described as follows:
BEGINNING at the intersection of the westerly line of first said parcel with the southeasterly line
of Parcel B-2, as said parcel is described in that certain document recorded on September 28, 1992
in Dqcument No. 92-313601, said county records; .
Thence along said southeasterly line, North 57011 '33" East, 110.25 feet to the beginning of a non
tangent curve to the right having a radius of 697.42 feet, from which point a r<\dia1line bears South
33000'36" East;
Thence continuing along said southeaRterly line, along said curve through a central angle of
10011 '49", for an arc length of 124 12 feet to the easterly line of first said parcel;
Thence leaving said southeasterly line, and along last said line, Soufu 01012'59" West, 21.80 feet
to the beginning of a non tungent curve to fuc left having a radius of 1400.00 feet, from which
point a radial line bcarR South 23051 '08" East,
Thence leaving said easterly line, along said curve through a central angle of 9000' 46", for an arc
length of 220.22 feet;
Thence South 57008'06" West, 10,05 feet to said westerlylinc of first said parcel;
Thence along last said line, North 01012'59" East, 13.99 feet the POINT OF BEGINNING of thIS
description,
Containing un arca of 3,663 square feet, 0.08 acres, more or less.
TOGETHER wifu a Temporary Construction Easement, to terminate upon completion of
conRtruction, for the purposes and incidents thereto over, acnlRS and upon a strip of land 10 feet in
width, the northwesterly line of said stnp lying contiguous to the Routheastcrly line of thc ahove
descrihed parcel.
E)(hibit "A"
Pagc I of 2
'-frofn
A plat showing the above describcd parcel and temporary casement is attached hereto and made a
part hercof as Exhibit "B"
This description was prepared by me or under my direction in conformance with the Professional
:Land Surveyors Act.
~~
Billy M 'n, LS 5797
License Expires 6/3012004
K:\M~lr'I\2001Dj600Z.10'tEGAlWOHR.dClt
Datcd:JuUl( 2-"1 J-<>O~
Exhihlt "A"
Page 2 of 2
't f o/7f.
EXHIBIT "A-I"
DEPICTION OF PARCEL A
21
FEE ACQUISITION
50,;liG
PARCEL B-1
DOC 92-313601
BASIS OF BEARINGS
THE BEARING N 32'48'00" WEST, THE MONUMENT
LINE ON DOUGHERTY ROAD, BETWEEN FOUND
MONUMENTS AS SHOWN ON THE MAP ENTITLED
"PARCEL MAP 1043" FIlED FOR RECORD ON
SEPTEMBER 28, 1973 -AND RECORDED IN BOOK 80
OF PARCEL MAPS AT PAGE 29, IS USED AS THE
BASIS OF BEARINGS FOR THIS PLAT.
LEGEND
APN - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RtCORDS
P.O.B. - POINT OF BEGINNING
sq. ft. - SQU ARE FEET
/"
~ t-~'O
O'Vv. PARCEL B-2
/' \~ ~ DOC 92-313601
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FEE ACQUISITlON
3663 sq. ft. :t:
0.08 acres :t:
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LANDS OF 0, MICHAEL NOHR
88-300237
APN: 941-550-012-11
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LINE TABLE
LINE BEARING
L1 S 011 '59" W
L2 S 5T08'06' W
L3 N 0112'59"
LENGTH
21.80'
10.05'
13,99'
\
\
REFERENCES
CD 18 M 90-91
,
Bkf
4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
Subject EXHIBIT "A-I"
DUBUN BLVD.-DOUGHERTY RD. WIDENING
Job No. 20016002
By RL Date ~~/04 Chkd.CK
SHEET 1 OF 1
.
t"l.~Iaa.. IP...-
KI'SllrOl\Oj t11;1~\ w~\oll1'h;\NDHR.I1I1R b ~fi;lQC14 31~4;4"7 PH PDT
5 (of 7("
EXHIBIT "F
FORM OF GRANT DEED
RECORDING REQUESTED BY AND
CITY OF DUBLIN
WHEN RECORDED MAIL TO.
CITY OF DUBLIN
Richard C. Ambrose
100 Civic Plaza
Dublin, CA 9456H
No Fce Requircd Govt. Code ~ 273R3
APN: 941-0550-013-04
SPACE ABOVE THIS UN". FOR RECOR[)ER'S USE
The undersigned GraIltor hereby dedares this instrument tu be EXEMPT trom Recording Fees
(Gov Code ~ 173lB) and Document~ry Transfer Tax (Rev & Tax. Cude ~ 11922).
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CRMX-1l5,
Inc., a California Corporation, grants to the City of Dublin, a municipal corporation, the
following described rcal property (fue "Property") located in the City of Dublin, County of
Alameda, State of Cahfornia, describcd herein as Parcel B, as described in Exhibit A, aIld
depIcted on Exhibi t t\ -1, attached hereto and incorporated herein by this reference subject to'
1 Non-delinquent real estatc taxes and assessments.
2. All othcr cuvenants, conditions, restrietiuns, rcservations, rights, rights of way,
easements, leases, encumbrances, liens and titlc matters whether ur not ofrecord or visible from
an inspection of the Properly and all matters which an accurate survey of the Property would
disclose.
IN WITNESS WHEREOF, Grantor has caused this Grant Deed to be executed as of the
day of , 200t)
GRANTOR.
CRMX-l15, Inc.,
a California corporatiun
RALPH B. BUNJE, JR.
Executive Vicc President
33
5)01';&
EXHIBIT "A"
LEGAL DESCRIPTION OF PARCEL B
34
,3 f;f 16
FEE ACQUISITION
APN No. 941-0550-013-04
Exhihit "A"
All that real pruperty situate in thc City of Dublin, County of Alameda, State of California,
dcscribed as follows,
BEING a portion of PARCEL ONE, as said parcel is described in that ccrtain document recorded
on January 13, 2006 in Ducument No. 2006017634, Official Rccords, Alameda Cuunty Recurds,
morc particularly described as follows:
BEGINNING at mtersection uf the westerly line of said PARCEL ONE with the southerly line of
Parcel C-l, as said parcel is described in that certain documcnt rc<;orded un May 21, 1992 in
Document No 92202093, Official Records, said county rccords;
Thence alung the southerly line of last said parcel, North 67015' 56" East 1.41 feet to the beginning
of a nun tangent curve to the right having a radius uf 945.00 feet, to which point a radial line bears
North 22029'59" West;
Thence continuing along said southerly line, along said curve through a ccntral angle of
12002'22", for an arc length uf 198.57 feet to the southeast comcr of last smd par"e1, also hemg a
point on thc eastcrly lille of first said parcel,
Thence leaving said southerly hnc and along said easterly line, South 01012'59" West, 10.04 feet
to the heginning of a non tangent curve to the left, having a radius of 70 00 fcet, to which point a
radial line bears North 14"42' 16" West;
Thence leavmg said easterly line and along said curve through a "elltral angle uf 00051 '09", an arc
lcngth of 1 04 feet to the beginning of a compound "urve having a radius of 1400.00 feet;
Thence along said curve, through a ccntral angle of ORol7'36", an arc length of 202.64 feet to said
westerly line of PARCEL ONE;
Thence along said line, Nurth 01012'59" East, 21.80 fcct to the POINT OF BECHNNJNG uf this
descnption.
Containing an area of 3,228 square feet, 0,07 acres, morc or Icss,
TOGETHER with a Temporary Construction Easement, tu terminate upon completion of
constru"tion, for the purposcs and illddents theretu over, across and upon a strip of land 10 fcet in
width, thc northwesterly line of said strip lying contiguous to thc southeasterly lwe uf the ahuve
descrihcd par"el.
hxhibit .'A"
Pagc I of 2
0'-!-o{'7i,
A plat showing thc above described parcel and temporary easement IS attached hcrcto and made a
part hereof as Exhibi t "B"
This description WllS prepared by me or undeT my direction in conformance wIth the Professional
Land Surveyors Act.
C:,. 1(". 00
Date
Randall L. Heikcll, LS 5756
License Expires 6/30/2006
K.\Ml!linl2OO 1\200 16002.10\.LEGAL\D01 At'UU<JKMX-11 S).d~c:
Exhibit "A"
Page 2 of 2
'S5of1&
EXHIBIT "A-I"
DEPICTION OF PARCEL B
35
FEE ACQUISITION
BASIS OF BEARINGS
THE BEARING N 32'48'00" WEST, THE MONUMENT
LINE ON DOUGHERTY ROAD, BETWEEN FOUND
MONUMENTS AS SHOWN ON THE MAP ENTITLED
"p ARCEL MAP 1043" FILED FOO RECORD ON
SEPTEMBER 2B, 1973 AND RECORDED IN BOOK BO
OF PARCEL MAPS AT PAGE 29, IS USED AS THE
BASIS OF BEARINGS FOR THIS PLAT.
56tJ(n
LEGEND
APN - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
sq. ft. - SQUARE FEET
PARCEL C-1
DOC. NO. 92202093
SEE DETAIL" ,
1-
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P,O.B,
FEE A'CQUISlll0N
3,228 sq. ft. %
0.07 acres :l:
--
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4=8i7'36"
L~202.64'
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./ DETAIL 'A'
/" SCALE;1"~10' "-
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~ \
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..-/
LANDS OF \
CRMX-115, INC,
A CALIFORNIA CORPORATION
PARCEL ONE \
DOC. NO. 2006017634
APN; 941-0550-013-04
z
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LINE TABLE
BEARING
N 67i5'56" E
S 01'12'59" W
N 01i2'59" E
LENGTH
1,4"
10.04'
21.80'
LINE
L1
L2
L3
CURVE
C1
DELTA
0'51'09"
to 110. oCe.
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4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94588
925-396-7700
925-396-7799 (FAX)
Sub' ect EXIDBIT "A-I"
DUBLIN BLVD.-oOUGHERTY RD. WIDENING
Job No. 20016002
By RL Date 06/15/06 Chkd RLH
SHEET 1 OF 1
f ,......_,,,-..-
1\ I.II'"Dl\01600~\.DwD\olt;lo. i'\ loAN Cl:RM)(- ).d..o t:. f
21D1 PH PDT
5 7c-( 7 (.
EXHIBIT "G"
FORM OF GRANT DEED
RECORDING REOUESTED BY AND
CITY OF DUBLIN
WHEN RECORDED MAIL TO'
CITY OF DUBLIN
Richard C Ambrose
I no Ci vie Plaza
Dublin, CA 94568
No Fee Rcquired Govt. Code S 27383
APN: 941-0550-014-04
SPACF AROVE THIS LINE FOR RECORDER'S USE
The undersigned Grantor hereby declares this instrumcnt to be EXEMPT from Recording Fees
(Gov Code S 27383) aIld Documentary Transfer Tax (Rev & Tax. Code S 11922).
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CRMC-115,
Inc., a California corporation, grants to fue City of Dublin, a municipal corporation, the
following described real property (the "Property") located in the City of Duhlm, County of
Alameda, State of California, described herein as Par<:el (' as des<:ribed in Exhibit A, and
depIcted on Exhibit A-I, attached hereto and incorporated herein by this refercnce subject to.
1 Non-delinquent real estate taxes and assessments.
2. All other covenants, conditions, restrictions, reservations, rights, rights of way,
easements, leases, encumbrances, liens and title matters whether or not of record or visible from
an inspcction of the Property and all matters which an accurate survcy of the Property would
disclose_
IN WITNESS WHEREOF, Grantor has <:aused this Grant Deed to be executed as of the
day of __nm__ , 2000
GRANTOR.
CRMX-II5, Inc.,
a California corporation
RALPH B. BUNJE, JR.
Executive Vice President
36
EXHIBIT" A"
LEGAL DESCRIPTION OF PARCEL C
ra "
.-'10/);,'&
37
FEE ACQUISITION
i\PNNo 941-0550-014-04
Exhibit "A"
59 (Jf?1,
All that real property situate in the City of Dublin, County of Alameda, State of California,
described as follows:
BEING a portion of PARCEL TWO, as said parcel is dcscribed in that certain documcnt
recorded on January 13, 200t) in Document No. 2006017634, Official Records, Alameda
County Records, more particularly described as follows:
BEGINNING at thc intcrsection of the westerly line of said PARCEL TWO with thc southerly
line of the parcel entitled "RIGHT OF WAY ACQUISITION" as descrihed in that <:ertain
document recori;led on Fehruary 3, 2004, in Document 2004047612, Official Records, said
county records, said intersection heillg the beginning of a non tangent curve to the right having
a radius of 945.00 feet, to which point a radial line bears North 10027'37" West:
Thencc castcrly along thc southcrly line of last said parccl, along said curve through a ccntral
angle of 11015'09", an arc lcngth of 185,59 fect to the southeast "orner of last said par<:cl, also
heing a point on the easterlv line of first said parcel;
Thcnec Icaving said southe;rly line and along said eastcrly line, South 01012'59" West 0.38
feet:
Thence lcaving last said line, North 89"01'59" West 378 fect to the bcginning of a curve to the
left having a radius of 70,00 !cct;
Thcnce alOllg smd curve thmugh a celltral angle of 1 TIO' 12", an an: length of 2098 feet;
Thence South 73047'49" West 41 71 feet to the beginning of a curve to the right having a
radius of 50.00 feet;
Thcncc along said curvc through a ecntral angle of 10007'42", an arc length of 8.84 fect to the
heginning of a reverse <:urve having a radius of 579.00 feet,
Thence along said curve through a central angle of 04015' 45", an arc length of 43.07 feet to the
beginning of a revcrse curvc havmg a radius of 50.00 feet;
Thence along said curve through a central angle of IOQ22'38", an arc length of <) 06 feet;
Thcncc North 89"57'36" West 42.18 fcet to thc hcginning of a curvc to thc Icft having a mdius
of 70.00 feet;
Exhibit "All
Pagc 1 of 2
60 of'! (,
Thence along said curve through a central angle of 14044'40", an arc length of 18.01 feet to the
westerly line of said PARCEL TWO;
Thcnce along said line North 0 I" I 2' 59" East 10.04 fcct to thc POINT OF BEGINNING
Containing an area of 2,078 square feet, 0 05 acres, more or less.
TOGETHER with a Temporary Construction Eascmcnt, to tcrminatc upon complction of
construction, for the purposes and Incidents thereto over, across and upon a strip of land 10 fcct
in width, the northwesterly line of said strip lying contlguous to the southeasterly line of thc
ahove described parcel.
A plat showing the. above dcseribed parccl and temporary eascmcnt is attached hcrcto and
made a part hereof as Exhihit "B"
This description was prepared by me or under illY direction In conformance with the
Professional Land Surveyors Act.
.6-1c:'-~
Date
Exhjhit "A"
Page 2 () r 2
U(}-{7,b
EXIllBIT "A-I"
DEPICTION OF PARCEL C
3R
FEE ACQUISITION
RIGHT OF WAY ACQUISIllON
DOC. NO. 2004047612
FEE ACQUISIllON
2,078 sq, ft, =
0,05 acres
C2 .....-
C3 ___
~ C4__
"- I -- ___
10 WIDE TEMPORARY /" DETAil''''' "
CONSlRUCnON EASEMEN/T SCALE:l"~10'" \
lANDS OF
CRMX-115, INC. I
A CALIFORNIA CORPORA nON \
PARCEl TWO ~ J
DOC. NO. 2006017634 Cl l2 /
APN: 941-0550-014-04
/
./
-
BASIS OF BEARINGS
lHE BEARING N 32'48'00" WEST, lHE MONUMENT
LINE ON DOUGHERTY ROAD, BETWEEN FOUND
MONUMENTS AS SHOWN ON lHE MAP ENTlTlED
"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.
-
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C4
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LINE
L1
L2
L3
L4
L5
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~\,.
I'~
4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94588
925-396-7700
1125-396-7799 (FAX)
~ ,...._"~
Kt\SI.ll"'01\Clll. 'il'Q\!;Ilo1:Ii\DIJ...AtoLA_C ~), Wj:I Eo/14fll' 6 2tD71:!:€o PM PDT
LEGEND
APN - ASSESSOR PARCEL NUMBER
OR - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
sq. ft. - SOU ARE FEET
DUBLIN BOULEVARD
SEE DETAIL "A'
\
"
---
CURVE TABLE
LENGlH RADIUS
20,118' 70.00'
8,84' 50,00'
43,07' 579.00'
9.06' 50,00'
18.01' 70.00'
DELTA
1710'12"
10'07'42"
4'5'4 PI
10'22'38"
14'44'40'
LINE TABLE
BEARING
S 0112'59" W
N 69"01'59" W
S 73"47'49" W
N 89'57'36" W
N 01 '59" E
LENGlH
0.38'
3.78'
4 .71'
,18'
10.04'
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Subject EXHU:JlT"A-l"
DUBLIN BLVD.-oOUGHERTY RD. WIDENING
Job No 20016002
By RL Date 06/15/06 Chkd.RLH
SHEET 1 OF 1
h 3 of 'II,
EXHIBIT "H"
FORM 01<' PARCEL D OUlTCLAIM DEED
RECORDING REOUESTED BY AND
CITY OF DUBLIN
WHEN RECORDED MAIL TO'
CITY OF DUBLIN
Richard C Ambrose
100 Civic Plaza
Dublin, CA 9456~
No Fee Required Gov!. Code !i 273~3
APN 941-0550-010-20
SPACe ABOVE TIllS LINE FOR RECORDER'S lIS"
The undersigned Grantor hereby declares this instrumcnt to be EXEMPT from Re<.:ording Fccs
(Gov Code!i 273R3) and Documentary Transfer Tax (Rev & Tax. Code !i 11(22).
OUlrCLAIM DEED
The City of Dublin, a munkipal corporation ("CITY"), does hereby release and quitclaim to
KBH investments LLC, a Calilornia limited liability company ("KBH"), all light, titlc and
interest in and to all fuat real property ill the City of Dublin, County of Alameda, Statc of
Califi)rnia, dcscribed hcrcin as: Parcel D, as des\..Tibed III Exhibit A and depicted on Exhibit B
attached hereto and illcorporaled by rcfercncc hereto,
Subject to special assessments if any, restrictions, reservations and easements of rccord,
RESERVING UNTO CITY a non-exclusive temporary easement for construction purposes only,
and all incidcnts related thereto, including, but not limited 10, thc construction of improvements
(the "Temporary Easement"), ovcr and across said Property as described in Exhibit A-I and
dcpicted on Exhibit B-1 hereto and incorporated by this reference. This construction casement is
granted solely in connection with thc construction on the Properly in accordance with
construction plans approved by Grantor (thc "Project"). This Temporary Easement shall
automatically expire upon the earlier to occur of (2) two years after the recordation ofthis
Quitclaim Dccd or (2) the completion of the Project.
CITY shall indemnify, protcet, defend and hold hannless KBH against all claims, damages,
losses, and expenses, arising out of the performance ofthe work dcscribed herein, caused in
whole or in part by any negligcnt act of omission of CITY, its contractors, and their respective
39
b& Of'/b
FEE ACQUISITION
APN No, 941-0550"010-20
Exhibit "A"
All that real propelty situate in the City of Duhlin, County of Alameda, State of Califomw,
described as follows:
Being a pOltion of PARCEL A-3, described in tbat certain document rewrded on March 10,1993
in Documcnt No, 93-084406, Alameda County Records, more particularly described as follows_
BEGINNING at the interscction of thc castcrly linc of said PARCEL A-3 and the gouthcastcrly
nghl-of-way line "fDuhlin Boulevard;
Thellce along said easterly line, South 01012'59" West 13 99 feet to the TRUE POINT OF
BEGINNING,
Thcncc leaving said eastcrly linc, South 57"08'06" Wcst 21.39 fcct to thc beginning of a curve to
the left, having a radi us of 22.00 fcet,
Thence along said curvc, furough a central angle of 13001 '06", an arc length of 5 00 feet to the
beginning of a non-tangcnt curve, having a radius of 50 00 fcet, to which point a radial1ine bears
North 73040' 18" West;
Thence southerly and southeasterly along said curve, through a central angle of 43033'21", an arc
length of 38.01 feet;
Thcnce South 32040'26" East 30.85 feet to said easterly Ime of PARCEL A-3,
Thence along said easterly line North 01012'59" East 77 69 feet to the TRUE POINT OF
BEGINNING
Containmg an area of 1,193 squarc fcct, 0.03 acres more or lcss,
A plat showing fue above described parcel is attached hereto and made a part hereof as Exhihit "B"
This dcscription was prepared by me or under my direction in conformance with the Professional
Land Surve ors Act.
Dated: 5' ~ '2.0 - 0;'
Exhihit "A"
Page 1 of 1
EXHIBIT "A-I"
LEGAL DESCRIPTION OF PARCEL D - Temporary Construction Easement
6?{)1?6
42
6Qol?&
TEMPORARY CONSTRUCTION EASEMENT
,APN No. 941.0'i'i0-01 0"20
EXHIBIT "A.l"
All that real property situate in the City of Duhlin, County of Alameda, State of California,
descIibed as follows:
Being a portion of PARCEL A-3, described in that certain document recordcd on March 10, 1993
in Document No. 93-084406, Alameda County Records, more particularly described as follows:
BEGINNING at the intersection of the eastcrly line (If said PARCEL A-3 and the southeasterly
right-of-way line of Dublin Boulevard;
Thence alollg said easterly line, South 01"12'59" West \3,99 feet to the TRUE POINT OF
BEGINNING,
Thence leaving said castcrly line, South 57"08'06" West 21.39 feet to the beginning of a curve to
the left, having a radius of 22.00 feet,
Thencc along said curve, through a central angle of 13001 '06", an arc length of 5.00 feet to the
bcginning of a non-tangent curve, having a radius of 50.00 feet, to which point a radiallinc bcars
North 73"40' 18" West;
Thencc southerly and soufueasterly along said curve, furough a ccntral angle of 43033'21", an arc
length of 38.01. feet;
Thence South 32040'26" East 30,H5 feet to said easterly line of PARCEL A-3,
Thence along said easterly linc North 01012'59" East 17 93 feet;
Thcnce leaving said easterly line, North 32040'26" West 27.53 feet to the beginning of a curve to
the right having a radius of 12.00 feet;
Thence along said curve, through a central angle of 89048'32", an arc length of 18.81 feet;
TlIcnce North 57"08'06" East 14,63 feel to said easterly line of PARCEL A-3,
Thencc along smd line North 01012'59" East 12.07 feet to TRUE POINT OF BEGINNING
Containing an arca of 698 square feet, 0.02 acres morc or less.
EXHIBIT "A-I"
Page 1 of:2
090 r 7h
A plat showing the above described parcel is attached hereto and made a part hereof as Exhibit "B"
This description was prcpared hy me or under my direction 1n conformance with thc Profcssional
Land Surveyors Act.
Dated: :; - 2..0 -oS
EXHIBIT "A-I"
Pagc 2 nf 2
706(7b
EXHIBIT "B"
DEPICTION OF PARCEL D - Fee Acauisition
43
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LEGEND
APN - ASSESSOR PARCEL NUMBER
BOW - BACK OF WALK
EX - EXISTING
O.R. - OFFICIAL RECORDS
P.O.B. - POINT OF BEGINNING
(R) - RADIAL
ROW - RIGHT-OF-WAY
sq. ft, - SQUARE FEET
T,P O,B. - TRUE POINT OF BEGINNING
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WOHLROSS ASSOCIATES
APN: 941-550-10-22
OOC# 91-312613
6500 SCARLETT COURT
REFERENCES
CD 18 M 90-91
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FEE ACQUISITION
BASIS OF BEARINGS
THE BEARING N 32'48'00. WEST, ll1E 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.
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LANDS OF D. MICHAEL NOHR
88-300237
APN: 941-550-012-11
AREA TO BE RETAINED
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LINE
L1
LINE TABLE
BEARING
S 0112'59" W
LEN GTH
13.99'
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5
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LENGTH
5.00'
CURVE
C1
PARCEL 1
1,193 sq. ft. :I:
0.03 acres :I:
..........
LANDS OF THE CITY OF DUBLIN
PARCEL A-3
93-084406
APN, 941-550-010-20
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4780 CHABOT DRIVE
SUITE 104
PLEASANTON, CA 94586
925-396-7700
925-396-7799 (FAX)
Subject EXHIBIT "B"
DUBLIN BLVD.-DOUGHERTY RD. WIDENING
Job No 20016002
By RL Date OS/20/05 Chkd.RLH
SHEET 1 OF 1
PARCEL 1.cl'/ra 5/2:0/;2:005 B'16'2E. "'1'1 PDT
7)v( 7(,
EXHIBIT "B-1"
DEPICTION OF PARCEL D - Temporarv Construction Easement
44
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TEMPORARY CONSTRUCTION EASEMENT 73ol;r'
/' BASIS OF BEARINGS /'
LEGEND THE BEARING N 32'48'00. WEST. THE MONUMENT
APN - ASSESSOR PARCEL NUMBER LINE ON DOUGHERTY ROAD. BETWEEN FOUND
BOW - BACK OF WALK MONUMENTS AS SHOWN ON THE MAP ENTITLED
EX - EXISTING "PARCEL MAP 1043" FILED fOR RECORD ON
O.R. - OFFICIAL RECOROS SEPTEMBER 28, 1973 AND RECORDED IN BOOK SO
P.O.S. - POINT OF BEGINNING OF PARCEL MAPS AT PAGE 29. IS USEO AS THE
(R) - RADIAL ~ 9 BASIS OF BEARINGS FOR THIS PLAT.
ROW ~ RIGHT-Of-WAY C'\~~~.".~
sq. ft. - SQUARE FEET v 'Co ~
T.C.E. - TEMPORARY CONSTRUCTION O~\;
EASEMENT <Q
T.P.O.B. - TRUE POINT OF BEGINNING
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" 698 sq. ft. :l:: Ic-
0.02 acres :l:: I' ~
~ PROPOSED l
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CURVE
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LANDS Of D MICHAEL NOHR
88-300237
APN: 941-550-012-11
LINE TABLE
BEARING
S 0112'59" W
N 0112'59" E
N 57"08'06" E
N 0112'59" E
LENGTH
13.99'
17.93'
14.63'
12,07'
CURVE TABLE
RADIUS DELTA
22.00' 13'01'06"
50. DOl 3"33121"
1 .00' 89'4S'32'
LANDS OF THE CITY OF DUBLIN
PARCEL A-3
93-84406
APN: 941~550~010-20
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Sub'set EXHIBIT"B-I"
DUBtlN BLVD,-DOUGHERTY RD. WIDENING
Job No, 20016002
By RL Dot e OS/20/05 Chkd .RLH
SHEET 1 Of 1
WOHLROSS ASSOCIATES
APN: 941-550-10-22
DOC# 91-312613
6500 SCARLETT COURT
REFERfNC~S
CD 18 M 90-91
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4780 CHABOT DRIVE
SUITE 1 04
PLEASANTON, CA 94588
925-396-7700
925-396-7799 (fAX)
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K,\Sul'" 1 I DC \ "o\olo.tl;\C
.IlIWQ 1~l.lf2:DD~ 612'1-13-4 AM PDl
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LENGTH
5.00'
3 .0 j
1 .81'
7'10/76
RESOLUTION NO. - 06
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
FINDING THAT PARCEL "D" IS AN UNECONOMIC
REMNANT PARCEL, DECLARING THIS PARCEL SURPLUS, AND
AUTHORIZING SALE OF PARCEL "D"
WHEREAS, it is necessary for the City of Dublin to widen and Improve the interscction of Dublin
Boulevard and Dougherty Road as part ofCapitallmprovement Program Project No. 96852, Doughcrty
Road lnIprovements - Houston Place to 1-580; and
WHEREAS, as part of the right-of-way negotiations with the OWller ofthe parcels at 6363 through
6451 Scarlett Court tor thc City's purchase of portions of those parcels, the City needs to agree to sell to
the adjacent property a small remnant parcel ofland; and
WHEREAS, thIS adjacent parcel, designated as Parccl "D", is a small (1,193 square feet) parcel
left over from the property formerly known as "The Dublin Boat House" acquired to extend Dubhn Blvd.
east of Dougherty Road to the eastern expanding environs of Dublin; and
WHEREAS, no utilities have been placed in this Parcel "D" and the City has no othcr use for the
propcrty; and
WHEREAS, thc adjacent property owner dcsires to add this parcel to hIS proposed developmcnt
alld has agreed to pay $40.65 per square loot lor the Parcel "0" which amount is the same per square foot
cost that the adjacent ownCT paid for the acquisition of the adjacent parcel; and
WHEREAS, the City's Municipal Code allows thc City Manager to sell a parcel that IS an
uneconomic renmant which is not buildable aIul cannot he utilized on its own under current zoning
without advertising for bids, with City Council appro~al to an adpcent property owncr;
NOW, THEREFORE, BE IT RESOLVED that the City Council declares that Parcel "D" (at the
southcast corner of Dublin Blvd. and Scarlett Court) is surplus and finds that Parcel "D" is an uneconomic
rcmnant parcel that cannot be utilized 011 its own under current ZOlllllg_
BE IT FURTHER RESOLVED that the City Council approves the sale of Parcel "D" to the
adjacent property owner, KBH Investments, LLC, at a per square foot pricc of$40,65 and a total price of
$48,495 00
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the Quit Claim Deed
on behalf of the City of Dublin,
PASSED, APPROVED AND ADOPTED this 1st day of August, 2006.
AYES.
NOES
ATrAUIDIENT 2.
75 of 7h
ABSENT
ABSTAIN:
Mayor
ATTEST;
City Clerk
G:\M:ISCPROJ\Dougherty Rd Imp. Houston to r~'1~O\Right of Way\Harvey - Dollln Pwperly\Reso 2 P-S As:mt.doc
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APt.!: 94-1-55P-<J12-tf
PARCEL D
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PARCEL C
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Il.PN:: S"I- 1-055J--01+-.Ct4
LOCATION MAP
RIGHT OF WAY ACQillSITIONS
ON DUBLIN BLVD EAST OF
SCARLETT CT,
OUBUN BOULEVA
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