HomeMy WebLinkAboutItem 4.07 SecuritySubTr 6644
CITY CLERK
File # DITJr7l~-~@]
.
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 7,1997
SUBJECT:
Substitution of Security for Tract 6644 (parcel Map 7109)
(J. Patrick Land Property on Dougherty Road)
Report Prepared by: Lee S. Thompson, Public Works Director
EXlllBITS ATTACHED: 1) Resolution
2) Letter from Bruce Adams of 1. Patrick Land Co.
3) Previous Resolution No. 99-97 for Substitution of Security,
Promissory Notes, Deeds of Trust 'and proposed replacement
security
RECOMMENDATION: . ~opt resolution approving substitution of security.
~Ad
\
FINANCIAL STATEMENT:
These securities guarantee construction of improvements related to
Tract 6644 and Parcel Map 7109. There is no direct financial impact
to the City.
.
DESCRIPTION: When the Final Map for Tract 6644 was approved by the City
Council in February of 1994, J. Patrick Land provided a promissory note and deed of trust against Lot 3 of
Tract 6644 to guarantee construction of improvements. Lot 3 was subsequently sold, and J. Patrick Land
provided substitute promissory notes and deeds of trust against Parcel 2 and Parcel 4 of Parcel Map 7109,
(a resubdivision of a portion of Tract 6644) as guarantee for Tract 6644. Parcel 2 is scheduled to be sold
and 1. Patrick Land has offered a substitute security for the promissory note and deed of trust against
Parcel 2 of Parcel Map 7109. The proposed substitute security is in the fonn of a cashier's check in the
amount of $102,500.
The two securities totaling $259,000 cover the Engineer's Estimate for the subdivision improvements.
The promissory note and deed of trust in the amount of$156,500 against Parcel 4 of Parcel Map 7109 will
remam.
."
",
"
~ .
Staff'recommends that the City Council adopt the resolution approving the substitution of security.
.------~----~-------------------------------------------------------
COPIES TO: BJ. Dublin Commercial
ITEM NO. 4" 7
'.
."
g:develop\jmoore\agstsub
..
"
.
.
.
RESOLUTION NO. - 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING SUBSTITUTION OF SECURITY FOR TRACT 6644
(pARCEL MAP 7109) - DOUGHERTY ROAD
WHEREAS, in February of 1994, the City Council approved the Final map for Tract 6644 and
accepted a promissory note and deed of trust in the amount of $371,000 against Lot 3 of Tract 6644 as
security for construction of improvements; and
WHEREAS, a portion of Tract 6644 was resubdivided as Parcel Map 7109; and
WHEREAS, the subdivider, J. Patrick Land, substituted promissory notes and deeds of trust
totaling $259,000 against Parcels 2 and 4 of Parcel Map 7109 on August 5, 1997; and
WHEREAS, the engineer's estimate of improvement cost was reviewed by the City, and the
reduced amount is acceptable; and
WHEREAS, the subdivider, J. Patrick Land, is requesting to substitute a cashier's check in the
amount of $1 02,500 for the promissory note and deed of trust on Parcel 2 and maintain a promissory note
and deed of trust totaling $156,500 against Parcel 4 of Parcel Map 7109.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the substitution of security related to Tract 6644 and authorize the Mayor to sign the
reconveyance document in the amount of $1 02,500.
PASSED, APPROVED AND ADOPTED this 7th day of October, 1997.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:develop\jmoore\resosub
['},T~'?~T
L,o?:r 'lOo';;' ,~ ~ ~ ~ ;
-
I
I.
~er~~
September 26, 1997
.
Lee Thompson
City Of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Substitution of Security
Dear Lee,
The City of Dublin ("Cityn) currently holds a recorded promissory note secured by a Deed of Trust
against Parcel Map 7109 Parcel 2. The pwpose of that security was to insure the completion of
certain construction work on our property. Since Parcel 2 is soon to be owned by another party
(Kragen) and the referenced construction work has not yet :f1nished, J. Patrick Land Company
("JPL"), the managing partner of BJ-Dublin Commercial Partnership ("Owner"), is herein
requesting that the City accept substitute surety as allowed in that promissory note and detailed
below.
JPL will provide the the City a Cashier's Check in the amount of $102,500, the same amount
currently recorded as a lien against Parcel 2 in favor of the City. The City will remove its lien .
against Parcel 2 via reconveyance. The City will still retain the Promissory Note and Deed of Trust
relative to Parcel 4 in the amount of $156,500.
Thank you for your assistance. Please do not hesitate to call with any questions or concerns.
Sincerely,
~'P~
Bruce Adams, Controller
J. Patrick Land Company, General Partner
BJ-Dublin Commercial
cc: Donna Miller, Chicago Title
Julie Pappa, City of Dublin
.
:J..
5627 STONERlDGE DRIVE. SUITE 320. PLEASANTON. CA 94588
r:~.~~. ~ - ,'.. ~. _.,..~ r.. -Jr, Z
- ".... ~. . - ".
W\~~;~~~. ~ ~ ·
.
.
'.
RESOLUTION NO. 99 - 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * *
APPROVING SUBSTITUTION OF SECURITY FOR ,TRACT 6644
(pARCEL MAP 7109) - DOUGHERTY ROAD
WHEREAS~ in February of 1994, the City Council approved the Final Map for Tract 6644 and
accepted a promissory note and deed of trust in the amount of$371,000 against Lot 3 of Tract 6644 as
security fbr construction of improvements; and
WHEREAS, a portion of Tract 6644 was resubdivided as Parcel Map 7109; and
WHEREAS, the subdivider, J. Patrick Land, is requesting to substitute promissory notes and deeds
of trust totaling $259,000 against Parcels 2 and 4 of Parcel Map 7109; and
WHEREAS, the engineer's estimate of improvement cost has been reviewed by the City, and the
reduced amount is acceptable;
NOW, TIIEREFORE, BE IT RESOLVED that the City Council of the City of Dublin hereby
approves the substitution of security related to Tract 6644.
PASSED, APPROVED AND ADOPTED this 5th day of August, 1997.
AYES:
Councilmembers Bames, Burton, Lockhart and Mayor Houston
NOES:
None
ABSENT:
Counci/member Howard
ABSTAIN: None
4j~
ATIESTd~
~~
"-C' Clerk '- -
K2/G/8-5-97/reso6644. doc
g:\agerunisc\ressubsc
~
~t-r~ t]~W?!!T
~7J ~'" ~~;:S ;:~ ~/:: ~
h'" c" "." .--J
b \;.:I.:'1;;:'~~
J "_,
....::;). "" -,
_~_-4!t
PROMISSORY NOTE
$102,500
Pleasanton, CA
.
BJ Dublin Commercial, a California Limited Partnership ("Maker"), promises to pay to City of
Dublin, a California Municipal Corporation ("Holder") at its offices at 100 Civic Plaza, Dublin,
California, the principal sum of One Hundred Two Thousand Five Hundred Dollars ($102,500).
1. This note is secured by a Deed of Trust in the amount of One Hundred. Two Thousand Five
Hundred Dollars ($102,500) to be recorded against Parcel 2 of P.arcel Map 7109, County of
Alameda, State of California ('the Security PropertY'').
2. This note is given to secure Maker's faithful performance, labor and materials, of those certain
public improvements described in the Cost Estimate for Bonding Public Improvements, Tract 6644
and Parcel Map 7109 dated April 28, 1997 ("Public Improvements"). Upon timely completion of
the construction work described therein to the satisfaction of the Director of Public Works of
Holder and upon Maker's delivery of one year maintenance surety satisfactory to Holder and a
written request to the Holder, the Holder of this note shall have 45 days to:
A. mark this note cancelled. and return it to Maker; and,
B. order the reconveyance of the security interest in the Security Property.
3. Maker may offer and Holder may accept substitute surety for Maker's faithful performance of
the Public Improvements. In the event that Maker offers and'Holder accepts substitute surety for
Maker's performance thereunder, and upon Maker's written request to Holder, the Holder of this
note shall have 45 days to:
A. mark this note cancelled and return it to Maker; and,
B. order the reconveyance of the security interest in the Security Propeny.
4. In the event that Maker fails to timely perform the Public Improvements, then, Holder shall give
written notice to Maker demanding compliance with the performance of the Public Improvements
within 30 days. If Maker has not performed to the satisfaction of the Director of Public Works of
Holder within 30 days, then, Holder may issue a written demand on this note and said note shall
be due and payable 30 days from the date of Maker's receipt of said demand.
.
5. In the event that collection action is required to enforce payment of this note, then, Maker shall
also be obligated to pay Holder's reasonable attorney's fees incurred in said action.
Dated: 7-29-97
BJ Dublin Commercial
A California Limited Partnership
By: 1. Patrick Land Company
Its: General Partner
By: ~.~~
Its: President
.
!J
~;x~a:::,~rr ~
......r\.< .";1......" f;~~ ""':-~
-'f: '
RECORDING REQUESTED BY
.
AND WHEN RECORDED MAIL TO
r-- THE CITY OF DUBLIN, A ~
MUNICIPAL CORP.
100 CIVIC PLAZA
DUBLIN, CA 94568
L
9750032
Escrow No. 9750032
Order No.
, DLM
RK
-.J
SPACE ABOVE THIS ONE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY
ThisDEEDOFTRUST,madethis 29 dayo~ July ,1997 ,between
BJ DUBLIN COMMERCIAL, A CALIFORNIA LIMITED PARTNERSHIP
herein called TRUSTOR, whose address is
5627 Stoneridge D~ive, Suite 320
Pleasanton, CA 94588
_ CHICAGO TITLE COMPANY, a California Corporation
, herein called TRUSTEE, and
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION
.
herein called BENEFICIARY, Trustor irrevocably grants. transfers and assigns to Trustee in Trust. with Power of Sale
that property in the City of Du b 1 in County of Alameda
California, described as: LEGAL DESCRIPTION ATIACHED AND MADE A PART HEREOF BY REFERENCE
.
Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon
Beneficiary to collect and apply such rents,'issues and profits. .
For the Purpose of Securing (1) payment of the sum of $. 102,500 with interest thereon according to the terms of a
promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof; (2) the
performance, of each agreement of Trustor incorporated by reference or contained herein or reciting it is so secured; (3) Payment of additional
sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or
notes reciting that they are secured by this Deed of Trust .
DT2PG I 8/9. ",n
;
Page 1
PROMISSORY NOTE
$156,500
Pleasanton, CA
BJ Dublin Commercial, a California Limited Partnership ("Maker"), promises to pay to City of
Dublin, a California Municipal Corporation ("Holder") at its offices at 100 Civic Plaza. Dublin,
California, the principal sum of One Hundred Fifty Six Thousand Five Hundred Dollars
($156,500).
1. This note is secured by a Deed of Trust in the amount of One Hundred Fifty Six Thousand Five
Hundred Dollars ($156,500) to be recorded against Parcel 4 of Parcel Map 7109, County of
Alameda, State of California ('the Security Property').
2. TIlls note is given to secure Maker's faithful performance, labor and materials, of those certain
public improvements described in the Cost Estimate for Bonding Public Improvements. Tract 6644
and Parcel Map 7109 datedApri128, 1997 ("Public Improvements'). Upon timely completion of
the construction work described therein to the satisfaction of the Director of Public Works of
Holder and upon Maker's delivery of one year maintenance surety satisfactory to Holder and a
written request to the Holder, the Holder of this note shall have 45 days to:
A. mark this note cancelled and return it to Maker; and,
B. order the reconveyance of the security interest in the Security Property.
3. Maker may offer and Holder may accept substitute surety for Maker's faithful performance of
the Public Improvements. In the event that Maker offers and Holder accepts substitute surety for
Maker's performance thereunder, and upon Maker's written request to Holder, the Holder of this
note shall have 45 days to:
A. mark this note cancelled and return it to Maker; and,
B. order the reconveyance of the security interest in the Security Property.
4. In the event that Maker fails to timely perform the Public Improvements, then, Holder shall give
written notice to Maker demanding compliance with the performance of the Public Improvements
within 30 days. If Maker has not performed to the satisfaction of the Director of Public Works of
Holder within 30 days, then, Holder may issue a written demand on this note and said note shall
be due and payable 30 days from the date of Maker's receipt of said demand.
5. In the event that collection action is required to enforce payment of this note, then, Maker shall
also be obligated to pay Holder's reasonable attorney's fees incurred in said action.
Dated:
7-29-97
BJ Dublin Commercial
A California Limited Partnership
By: J. Patrick Land Company
Its: General Partner
By: ~C.~
P. Moore
Its: President
to
.
.
.<
.
,,-L.:.'-UKUll"v KtllUESTED BY
AND WHEN RECORDED MAIL TO
r THE CITY OF DUBLIN, A I
MUNICIPAL CORP.
100 CIVIC PLAZA
DUBLIN, CA 94568
.
L :.
Escrow No SOSOaOOOS' DlM
Order No, . SOSOAOOOS RK
~
SPACe ABOVE ll1Is LIE FOR AeCOFIOER's USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY
This DEED OF TRUST, made this 29 dayo~ July .1997 ,between
BJ DUBLIN COMMERCIAL, A CALIFORNIA lIMITED PARTNERSHIP
herein called TRUSTOR, whose address Is
5627 Stoneridge Drive, Suite 320
Pleasanton, CA 94588
- CHICAGO TITLE COMPANY. a California Corporation
, herein called TRUSTEE, and
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION
.
herein called BENEFICIARY, Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale
that property in the Ci ty of Dub 1 in County of Alameda
California, described as: LEGAL DESCRIPTION ATTACHED AND MADE A PART HEREOF BY REFERENCE
Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon
Beneliciary to collect and apply such rents, Jssues and prolits. .
.
For the Purpose of Securing (1) payment of the sum of $,156 500 with interest thereon according to the terms of a
promissory note or nOles 01 even date herewith made by Trus~or, payable to order of Beneficiary, and extensions or renewals thereof; (2) the
performance 01 elch agreement of Trustor incorporated 'by reterence or contained herein or reCiting it is so secured; (3) Payment of additional
cums and inlerest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evide"nced by a promissory note or
nOles reciting that they are secured by this Deed of Trust
DTlPG Il/fJ~ .....
1
Page 1
CHICAGO TIlLE COMPANY
,... .
4637 Chabot Drive, Pleasanton, California 94588
Phone: (510) 416-9111 Fax: (510) 416-9112
Escrow No: 9750032 - DLM Escrow Officer: Donna L. Miller
, '- l.J
Julie Pappa
The City of Dublin, a Municipal Corp.
100 civic Plaza
Dublin, California 94568
SEP 261997 .'
PUBLIC WORKS
Date: September 26, 1997
Trustor or Present Owner:
BJ Dublin Commerical
I
l
Property:
Parcel 2 of Parcel Map 7109
Dublin, California
L
J
Deed of Trust Information:
#97-222329
REQUEST FOR DEMAND AND FULL RECONVEYANCE
We have an escrow involving real property upon which we understand you hold the beneficial interest under the Trust
Deed referenced above covering the following described real property:
SEE ATTACHED DESCRIPTION
.
We have been requested to secure your demand for payment ofthis obligation. Please forward to us your Request for
Full Reconveyance, original Note and Deed of Trust, together with your demand an~ any other pertinent documents
which you may hold in connection with this loan.
Upon the borrower's or present owner's approval of your demand, and upon the closing of our escrow, our check in
payment of your demand will be sen~.
In order that we may serve our clients in this escrow in an expeditious manner, we would appreciate your cooperation in
returning the requested information at your earliest convenience. Your attention is invited to Section 2943 of the California
Civil Code which provides in part that:
1. the statement must be delivered within 21 days from receipt of the request or substantial
forfeitures and possible damages may be incurred.
2. the escrow holder is an "entitled person" and as such may request the statement.
We suggest that you consult your attorney if you have any questions concerning your duties under this code section.
D via fax,
D overnight
[!] reg. mail
'I
RFID2 -<l1/25/96bk
.
.
Escrow No: 9750032 - DLM
Loan No:
CITY OF DUBLIN
PARCEL ONE:
PARCEL 2 OF PARCEL MAP 7109, FILED MAY 19, 1997, IN BOOK 229 OF PARCEL MAPS, PAGES 91
AND 92, ALAMEDA COUNTY RECORDS.
RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCELS
1, 3 AND 4 OF pARCEL MAP 7109 AND APPURTENANT TO LOTS 3 THROUGH 9 OF TRACT 6644, FILED
FEBRUARY 18, 1994, IN BOOK 210 OF MAPS, PAGES 98 THROUGH 100, OVER, UNDER, ALONG AND
THROUGH THOSE AREAS OF SAID PARCEL 3 SHOWN AS "PRIVATE ACCESS" ON PARCEL MAP 7109.
PARCEL TWO:
NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCEL 2 OF PARCEL MAP 7109,
OVER, UNDER, ALONG AND THROUGH THOSE AREAS OF PARCELS 1, 3 AND 4 SHOWN AS "PRIVATE
ACCESS" ON PARCEL MAP 7109.
PARCEL THREE:
NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCEL 3 OF PARCEL MAP 7109,
OVER, UNDER, ALONG AND THROUGH THE FOLLOWING DESCRIBED LAND:
.
BEING A PORTION OF LOTS 2 THROUGH 9 AS SHOWN ON THE MAP ENTITLED "TRACT MAP 6644" AS
FILED FEBRUARY 18, 1994 IN BOOK 210 OF MAPS AT PAGES 98 THROUGH 100 IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
.
COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 9; THENCE WESTERLY ALONG THE
NORTH LINE OF SAID LOT 9 NORTH 880 42' 58" WEST 7.44 FEET TO THE POINT OF BEGINNING;
THENCE LEAVING SAID NORTH LINE SOUTH 460 28' 47" EAST 67.81 FEET; THENCE SOUTH 010 13'
02" WEST 108.04 FEET; THENCE NORTH 880 46' 58" WEST 24.00 FEET; THENCE NORTH 010 13' 02"
EAST 17.00 FEET; THENCE NORTH 390 25' 52" WEST 2.64 FEET; THENCE NORTH 880 46' 58" WEST
208.91 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 20.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 890 56' 00" AN ARC LENGTH OF 31.39 FEET; THENCE SOUTH 010 17' 02" WEST
14.02 FEET TO A POINT LYING ON THE SOUTHERLYLINE OF SAID TRACT 6644; THENCE WESTERLY
ALONG SAID SOUTHERLY LINE NORTH 880 46' 58" WEST 32.00 FEET; THENCE LEAVING SAID
SOUTHERLY LINE NORTH 010 17' 02" EAST 13.98 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY, NORTHWESTERLY
AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 900 04' 00" AN ARC LENGTH OF
31. 44 FEET; THENCE NORTH 880 46' 58" WEST 2 51. 11 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1089.00 FEET; THENCE WESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 010 43' 31" AN ARC LENGTH OF 32.79 FEET TO THE
BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET;
THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 910 26' 54" AN ARC LENGTH OF 31. 92 FEET; THENCE SOUTH 010 57' 23" EAST 13.68 FEET TO
A POINT LYING ON THE SOUTHERLY LINE OF SAID TRACT MAP 6644, SAID POINT ALSO BEING THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1055.00 FEET (A
RADIAL LINE THROUGH SAID POINT BEARS NORTH 010 34' 31" WEST); THENCE WESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 02 0 10' 21" AN ARC LENGTH OF 4 0 . 0 0 FEET; THENCE LEAVING
SAID SOUTHERLY LINE NORTH 010 57' 23" WEST 13.20 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY,
'1
RFINSTDC -oe/12/9sbk
Escrow No: 9750032 - DLM
Loan No:
.'
NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 920 50' 27" AN
ARC LENGTH OF 32.41 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 1089.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 180 28' 33" AN ARC LENGTH OF 351.16 FEET TO THE BEGINNING OF A COMPOUND
CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHWESTERLY AND
SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 540 55' 11" AN ARC LENGTH OF 19.17
FEET TO A POINT LYING ONTHE SOUTHERLY LINE OF SAID TRACT MAP 6644; THENCE WESTERLY
ALONG SAID SOUTHERLY LINE NORTH 880 46' 58" WEST 22.37 FEET; THENCE NORTH 250 12' 11"
WEST 38.43 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS OF 113.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
220 29' 30" AN ARC LENGTH OF 44.36 FEET; THENCE NORTH 470 41' 41" WEST 22.18 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 150.00 FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 54' 14" AN ARC
LENGTH OF 10.22 FEET; THENCE LEAVING SAID CURVE NORTH 380 24' OS" EAST 13.00 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 163.00 FEET
(A RADIAL LINE THROUGH SAID POINT BEARS NORTH 380 24' 05" EAST); THENCE SOUTHEASTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 54' 14" AN ARC LENGTH OF 11. 11 FEET;
THENCE SOUTH 470 41' 41" EAST 22.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
SOUTHWESTERLY HAVING A RADIUS OF 126.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 200 15' 04" AN ARC LENGTH OF 44.53 FEET TO THE BEGINNING OF A
REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE
SOUTHEASTERLY, EASTERLY AND NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF .
860 05' 56" AN ARC LENGTH OF 30.05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE .
SOUTHEASTERLY HAVING A RADIUS OF 1115.00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS
NORTH 230 32' 33" WEST); THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 240
47' 22" AN ARC LENGTH OF 482.41 FEET; THENCE SOUTH 880 46' 58" EAST 511.16 FEET TO THE
BEG!NNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 20.00 FEET;
THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 900 00' 00" AN ARC LENGTH OF 31.42 FEET; THENCENORTH 010 13' 02" EAST 31.55 FEET;
THENCE NORTH 460 28' 47" WEST 84.95 FEET TO A POINT LYING ON SAID NORTH LINE OF TRACT
MAP 6644; THENCE EASTERLY ALONG SAID NORTH LINE SOUTH 880 42' 58" EAST 38.68 FEET TO THE
POINT OF BEGINNING.
ASSESSOR'S PARCEL NOS. 941-0550-052 (PORTION)
941-0550-053 (PORTION)
"..:
.'
.
/D
RFINSTDC -o9/12/9:Sbk
~-
CHICAGO TITLE COMPANY
4637 Chabot Drive, Pleasanton, California 94588
Phone: (510) 416-9111 Fax: (510) 416-9112
Escrow No: 9750032 - DLM Escrow Officer: Donna L. Miller
r
l
Date: September 26, 1997
Trustor or Present Owner:
BJ Dublin Commerical
CHICAGO TITLE COMPANY
4637 Chabot Drive
Pleasanton, California 94588
Property:
Parcel 2 of Parcel Map 7109
Dublin, California
L
J
BENEFICIARY7S DEMAND
I hand you herewith the following:
(1) Original note in the amount of $ 102 , 500 . 00
(2) Trust deed securing same, recorded in Official Records of the County of which the property is located,
with the following particulars: # 9 7 - 2 2 2 3 29
.
(3) Request for 0 FULL D PARTIAL reconveyance signed by all owners of the note.
(4)
You are hereby instructed to use the above documents, provided yo) hold for the account of the parties executing said
Request for Reconveyance the amount of $ .-. 0 - ('z..e........-o plus interest on said balance at the rate
of percent per annum from to date of close of escrow.
Additional amounts due are: (if none, please state none)
l--.l.~ v--<.-
I understand the estimated close of escrow date is
If you are unable to comply with these instructions on or before , you are
hereby instructed to comply at the earliest possible date thereafter, unless I have otherwise instructed you in writing.
I/We hereby acknowledge that payment of this demand is subject to the borrower's or present owner's approval, and upon
the closing of your escrow.
PLEASE NOTE: ALL BENEFICIARIES MUST SIGN
)))':;, ../
TRa ClTY Qf DUBLlN
.
II
1802 -Dl/:.!5/96bk
RECORDING REOUESTED BY
Chicago Title Company
AND WHEN RECORDED MAlL TO
BJ Dublin Commerical
5627 Stoneridge Drive #320
Pleasanton, CA. 945BB
.
SPACE AlIOIIE l11IS UNE FOR R€COROER'S USE
TITLE ORDER NO. 009750032
RECONVEYANCE NO,
RK
YOUR REF.
SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE
The underalgned. present beneficiary under that certain Deed of Truat executed by:
BJ Dublin Commerical
as originel Tru"or, and showlng
Chicago Title Company, a California Corporation
as original Tru"ee, and
The City of Dublin a Municipal Corporation
as original Beneficiary, and recorded on AUgus t 29, 1997 as Instrumant No, # 9 7 . 222329 , In Book
n/ a Page n/ a of Official RecordS of Alameda County, hereby
appoints and sub"ltutes the undaralgned as the new Substituted Trustee thereunder In accordance with the terms and provisions contained therein:
BJ Dublin Commerical
AND
.
As such duly appointed and Substituted Trustee thereunder, the undersigned does hereby RECONVEY to the person
Or persons. legally entitled thereto, without warranty, all the estate, title and Intere" ecqulred by tha original Trustee and by the
undersigned as the said Substituted Trusl" under said Deed of Trust.
Wherever the taxi of this documenl so requires, the singular Includes Ihe plural.
BENEFICIARY AND SUBSTITUTED TRUSTEE
Daled: September 26 , 1997
BY: V"
THE CrTY' OF DUBLIN
.....
STATE OF CAUFORNIA
COUNTY OF
On
before: me,
a Notary Public in end tor said County and Slale, personally appeared
personally known 10 me (or proved to me On Ihe basis of sallsfaClory
evidence) 10 be Ihs person Is) whose nemels) Is/are subscribed 10 Ihe
wllhin instrumenl and acknowledged 10 ms Ihal he/she/thay axeculed
Ihe same In hiS/her /Iheir eUlhorlnd capecltypes), and that by
hls/her/their slgnalura(s) On Ihe Instrumenllhs person(s), or tha enllty
upon behalf 01 which Ihe pereon(s), aeled, sxeculed Ihe Instrument.
WITNESS my hand and official seal
.
NOTARY'S SIGNATURE
(This area for officlalnolarlal saall
]:-
SUBTFUU..../21/a3.1w1
...-........"-'I\..1..J~".U ,\..LUU~' L:.U J..> I
AND WHEN RECORDED 1'-1AlL TO
r' I
THE CITY OF DUBLIN, A
. MUNICIPAL CORP.
CHICAGO ~~~~:::::P:~::MrnA COU~' H:';~~-o~~~\~~;[;ilt9(ql.
INSTRUI.AENT FOR RECORD AS AN ACCOMMODATIOr.; \)jo,;i f : r f Ih_ :, : '" '- l u..
BEENL:....MINED ;;;~~;~ EXE~~~ON OF! AS TC, :T~~~J ,..(~;" lJ~'ON il.~L ~~:W= 9l _ 222. 3 Z, 9
Escrow No. 9750032 RK
Order No.
.. . . . ,
. : ',: .n; ~<:"",.:'T~
SPACE ABOVE THIS UNE FOR RECORDER'S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY
This DEED OF TRUST, made this 29 day o~ Ju 1 y ,1997 , between
BJ DUBLIN COMMERCIAL, A CALIFORNIA LIMITED PARTNERSHIP
herein called TRUSTOR, whose address is
5627 Stoneridge Drive, Suite 320
Pleasanton, CA 94588
. CHICAGO TITLE COMPANY, a California Corporation
, herein called TRUSTEE, and
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION
..
herein called BENEFICIARY, Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with Power of Sale
that property in the City of 'Dub 1 in County of Alameda
California, described as: LEGAL DESCRIPTION ATTACHED AND MADE A PART HEREOF BY REFERENCE
.
Together with the rents, issues and profits thereol, subject, however, to the right, power and authority hereinafter given to and conferred upon
Beneficiary to collect and apply such renls, issues and profits, '
For the Purpose 01 Securing (1) payment 01 the sum 01 $, 102,500 with inlerestthereon according to the terms 01 a
, promissory note or notes 01 even date herewith made by Trustor, payable 10 order 01 Beneficiary, and extensions or renewals thereol; (2) the
performance ,01 each agreement of Trustor incorporaled by reference or contained herein or reciting it is so secured; (3) Payment of addilional
sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or
notes reciting thaI they are secured by this Deed 01 Trust
1.$
Dl;1PG' tl/fI' Un
Page 1
Escrow No: 9750032 .'
To prolect the security of this Deed of Trust, and wilh respect to the property above described, Truslor expressly makes each and all of the
agreements, and adopls and agrees to perform and be bound by each and all of the terms and provisions sellorth In subdivision A 01 that certain
Fietltious Deed of Trusl relerenced herein, end It Is mutually agreed that ell of the provisions Elllforlh In subdivision B of thet certain Fictitious Deed
of Trust recorded in the book and page of Oflicial Records In the oflice of the county recOrder of the county where said property is located, noted
below opposlllrthe name of such county, namely:
COl/NTY BOOK PAGE COl/NTY BOOK PAGE COl/NTY BOOK PAGE COUNTY BOOK PAGE
AlalfCda 1288 556 Kings 85B 713 Placer 1028 379 Sierra 38 187
Alpine 3 130-31 Lake B7 110 PIUn\33 1&6 1307 Siskiyou 506 762
Nrddor 133 . B8 Lassen 192 367 Riverside 377B 347 Solano 1287 621
Butte 1330 513 Los Angeles T-3878 874 Sacrancnto 71-10-26 U5 So no III) 2067 U7
Calaveras 185 338 M3dera 911 136 San Benito 300 405 Stanislaus 1970 56
Colusa 323 391 Klrin 1849 122 San Bernardino 6213 768 Sutter 655 585
Contra Costa 4684 1 M3riposa 90 453 San Francisco A-804 596 T eha II\l 457 183
Del Norte 101 549 ~ndocino 667 99 San Joaquin 2855 283 Trinity 108 595
El Dorado 704 635 f.t!rced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108
Fresno 5052 623 Modoc 191 93 San M3teo 4778 175 Tuolumne 177 160
Glenn 469 76 t-bno 69 302 Santa Barbara 2065 881 Ventura 2607 237
. Hunbo1dt 801 83 Monterey 357 239 . Santa Clara H26 664 Yolo 769 16
Inperial 1189 701 Napa 704 742 Santa Cruz 1&38 607 Yuh:1 398 693
Inyo 1&5 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 18 San Diego Series 5 Book 1964, Page 149774
shall inure to and bind the parties hereto, with respeet to the property above described. Said agreements, terms and provisions conlained in S.i '
subdivisions A and 8, Qdentical in all counties) are printed on the following pages hereof. and are by the within reference therelo, Incorporat
herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a stat em
regarding the obligation secured hereby, provided the charge thereof does not exceed the maximum allowed by laws,
The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address
hereinbefore setlorth.
BJ Dublin Commercial,
A California Limited Partnersh~p
By: J. Patrick Lan~ Co., G.P.
}
} 55
BY:~ C-~
o . P. Moore, President
STATE OF CALIFORNIA
COUNTY OF Alameda
On
7-29-97
before me,
Rrllce B. Adams
a Notary Public In and lor said County and State, personally appeared
John P. Moore
personally known to me (or proved to me on the basis 01 satisfactory
evidence) to be the person(s) whose name(s) is/are subscribod to the
within instrument and acknowledged to me that he/she/they executed
the liame in his/her/their authorized capacity(ies), and that by
his/her/lheir signature(s) on the Instrument the person(s), or the entity
upon behalf of whiCh the perlion(s) acted, executed the instrument.
"^T~iin~
NOT AllYS SIGNATURE
I~
OT2PG2 8/D4 ksn
j........~A....~A....~~....~....Af
~,. .', BRUCE B. ADAMS
:( /,,,;;'h._:.~ COMM.# 1051031 z
z : .:0.'.. -: Notory Public - California ~
z ',~.,. '. ~ ALAMEDA COUNTY -
; . .. . ,=,. My Comm. Expires FEB 18. 1999 (
.,... ....~ ..... ... ~ ...... .............-..... ..,. ... ...... ...... ....,..
.
(n'lIs AREA ~OR OFFICIAL NOTARIAL SEAl OR STAMp)
Page 2
Escrow No: 9750032 DLM
.
DO NOT RECORD
The following is a copy 01 Subdivisions A and B of the fictitious Deed of Trusl recorded In each county In California as staled In the foregoing Deed
of Trust and incorporated by reference in said .Deed 01 Trust as being a part Ihllreof as if sel,forlh allenglh therein.
A. To protect the security of this Deed of Trust, Trustor agrees: __
(t) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promplly and In
good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when dUlLall claims for labor
.. performed and materials furnished therefor; to comply with all laws aU.ecting said property or requiring any alteralions or improvements to be
made thereon; not to commit or permit waste thereof; not to commit, suffer or permil any act upon said property in violation of law; to cultivate,
irrigate, fertilize, fumigale, prune and do all other acls which from the character or use of said property may be reasonably necessary, the specific
enumerations herein nol excluding the general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneliciary, The amount collecled
under any fire or other Insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary
may determine, or al option of Beneliciary the entire amount so collected or any part thereof may be released to Trustor. Such application or
release shall not cure or ,waive any delaull or notice 01 default hereunder or invalidate any act done pursuant to such notice. '
(3) To appear in and defend any action or proceeding purporting to afleclthe securily hereof or the righls or powers of Beneliciary or Truslee;
and 10 pay all costs and expenses, including cosl of evidence of Ii lie and attorney's fees in ,8 reasonable sum, in any action or proceeding in which
Beneficiary or Trustee may appear, and in any sui I brought by Beneliciary 10 foreclose Ihis Deed.
(4) To pay: at least ten days belore dalinquency all taxes and assessments affecting said property, including assessments on appurtenant water
stock; when due, all encumbrances, charges and liens, with interest, on said property or any part,thereol, which appear to be prior or superior
hereto; all costs, fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any acl as herein provided, then Beneficiary or Trustee, but without obligation so to do and
without notice 10 or demand upon Trustor and without releasing Trustor from any obligation hereof, may, make or do the same in such manner
and to such extent as either may deem necessary to protecl the security hereof, Beneficiary or Trustee being aulhorized to enter upon said
property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers 01
Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge, or lien which in the judgement of either appears to be
prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable tees.
.
(5) To pay immediately and withe:Jt demand all sums so expended by Beneficiary or Trustee, with interest from dale of expenditure at the
amount allowed by law in ellect at the date hereof, and to pay for any statement provided for by law in effect at the date hereol regarding the
obligation secured hereby any amount demanded by the Beneficiary not to exceed the maximum allowed by law at the time when said stalement
is demanded.
B. It is mutually agreed:
(1) That any award 01 damages in connection with any condemnalion for public use of or injury to said property or any part thereol is hereby
assigned and shall be paid to Beneliclary who may apply or release such moneys received by him or her in the same manner and with the same
effect as above provided for regarding disposition of proceeds of fire or other insurance.
(2) That by accepting payment of any sum secured hereby alter its due date, Beneficiary does not waive his or her right either to require prompt
payment when due of all other !lums so !lecured or to declare delault lor failure so to pay. '
(3) That at any time or from time to time, without liability therelor and without notice, upon wrillen request 01 Beneficiary and presentation 01
this Deed and said note for endorsement, and without affecting the personal liability of any person for payment 01 the indebtedness secured
hereby, Trustee may: reconvey any part 01 said property; consent 10 lhe making 01 any map or plat thereof; join in granting any easement thereon;
or join in any extension agreement or any agreement subordinating the lien or charge hereof.
(4) That upon written request of Beneliciary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said
note to Trustee lor cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its tees,
Trustee shall reconvey, without warranty, the properly then held hereunder. The recitals in such reconveyance of any mailers or facts shall be
conclusive prool 01 the truthlulness thereof. The Grantee in such reconveyance may be described as .the person or persons legally entitled
thereto:
(5) That as additional security, Trustor hereby gives to and confers upon Beneliciary the right, power and authority, during the continuance ot
these Trusts, to collect the rents, issues and profits 01 said property, reserving untO Trustor the right, prior to any delault by Trustor in paymenl 01
any indebtedness secured hereby or in perlormance 01 any agreement hereunder, to collect and retain such rents. issues and prolits as they
become due and payable, Upon any such default, Beneliciary may at any time without notice, either in person, by agent, or by a receiver to be
appointed by a court, and without regard to the adequacy 01 any security lor the indebtedness hereby secured, enter upon and take possession 01
said property or any part thereof, in his or her own name sue for or otherwise collect such rents, issues, and prolits, including those past due and
unpaid. and apply the same, less costs and expenses 01 operation and collection, including reasonable allorney's fees. upon an}' indebledness
secured hereby, and in such order as Beneliciary may determine. The entering upon and taking possession 01 said propert}', the collec::tion of such
rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any delault or notice 01 delault hereunder or invalidate any
act done purs~ant to such notice,
.
1'5
DT2PGJ e /9' ..."
Page 3
"
Escrow No: 9750032
.DLM
,-
(6}That upon default by Trustor In payment of any Indebtedness securad hereby or in performance of any agreement hereunder, Beneficiary
may declare all sums secured hereby Immediately due and payable by delivery to Trustee of written declaralion of defaull and demand lor r;ale
.. and of writlen notice of default and of election to cause to be sold said proparty, which notice Trustee shall cause to be filed for record. Beneficiary
also shalf deposit with Truslee this Deed, said note and all documents evidencing expendilures secured hereby.
Aher the lapse of such time as may then be required by law following the recorda lion ot,said notice 01 defaull, and nolice 01 sale having been
given as then required by law, Trustee.without demand on Trustor, shall sell said property at the time and place tixed by it In said notice of sale,
either as a whole or In separate parcels, and In such order as II may determine, at public auction to the highest bidder for cash In lawful money of
the Uniled States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at 5uch time
and place of 58le, and from time to time thereafter may postpone 5uch sale by public announcement al the time fixed by the preceding
p05tponemenl. Trustee Shall deliver to such purchaser Itll deed conveying the property so sold, but without any covenant or warranty, exprass or
implied. The recitals in Iluch deed of any matter5 or facts shall be conClusive proof of the truthlulness thereof. Any person, including Trustor,
Trustee, or Beneliciary as hereinaller delined, may purchue at such sale,
DO NOT RECORD
.'
After deducting all costs, fees and expenses 01 Trustee and of this Trust, inclUding cosl of evidence of title in connection with sale, Trustee shall
apply the proceeds of sale to payment,of: all5ums expended under the terms hereol, nOlthen repaid, with accrued interest at the amount allowed
by law In effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto.
(7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by Instrument in writing, substitute
a successor or SUCCessors to any Truslee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly
acknowledged and recorded in the office of the recorder of the county or counties where said properly is situated, shalrbe conclusive prool of
proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to alf its title,
estate, rights, powers and duties, Said instrument must contain the name 01 the original Trustor, Trustee and Beneficiary hereUnder, the book and
page where this Deed is recorded and the name and address olthe new Trustee, '
(8) That this Deed applies to, Inures to the benefi't of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors,
successors, and assigns. The term Beneficiary shall mean the owner and holder, including pledgees, of the note secured hereb}', whether or not
named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or the neuter, and
the singular number Includes the plural. .
(9) The Trustee accepts this Trust when this Deed, duly executed and acknowledged, is made a public record as provided by law, Trustee is no
obligated to notify any party hereto of pending sale under any other Deed 01 Trust or of any action or proceeding i':l whiCh Trustor, Beneficiary or
Trustee shall be a party unless brought by Trustee.
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
TO CHICAGO TITLE COMPANY
The undersigned is the legal owner and holder of the note or noles, and 01 e'l other indebledness secured by the foregoing Deed of Trust. Said
note or notes, together with alf other indebtedness secured by-said Deed of Trust have been fully paid and satislied; and you are hereby requested
and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or nOles above mentioned,
llnd alf other evidence of indebtedness secured by said Deed of TruSI delivered to you herewith, together with the said Deed 01 Trust, and to
reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same,
Dated
Please mail Deed of Trust,
Note and Reconveyance to
Do not Jose or destroy this Deed of Trust OR THE NOTE which It secures, Both must be delivered 10 the Trustee for.
cancellalion,before reconveyance will be made.
1("
onPG< gIg. ..."
Page 04
/
.
.
.
DESCRIPTION
Page
1
Order No. 9750032
RK
CITY OF DUBLIN
PARCEL ONE:
PARCEL 2 OF PARCEL MAP 7109, FILED MAY 19, 1997, IN BOOK 229 OF PARCEL MAPS,
PAGES 91 AND 92, ALAMEDA COUNTY RECORDS.
RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO
PARCELS 1, 3 AND 4 OF PARCEL ~~ 7109 AND APPURTENANT !O LOTS 3 THROUGH 9 OF
TRACT 6644, FILED FEBRUARY IB, 1994, IN BOOK 210 OF MAPS, PAGES 9B THROUGH 100,
OVER, UNDER, ALONG AND THROUGH THOSE AREAS OF SAID PARCEL 3 SHOWN AS "PRIVATE
ACCESS" ON PARCEL MAP 7109.
PARCEL TWO:
NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCEL 2 OF PARCEL
MAP 7109, OVER, UNDER, 'ALONG AND THROUGH THOSE AREAS OF PARCELS 1, 3 AND 4 SHOWN
AS "PRIVATE ACCESS" ON PARCEL MAP 7109.
PARCEL THREE:
NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCEL 3 OF PARCEL
riAP 7109, OVER, UNDER, ALONG AND THROUGH THE FOLLOWING DESCRIBED LAND:
BEING A PORTION OF LOTS 2 THROUGH 9 AS SHOWN ON THE MAP ENTITLED "TRACT MAP
6644" AS FILED FEBRUARY 18, 1994 IN BOOK 210 OF MAPS AT PAGES 9B THROUGH 100 IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
CO~1ENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 9; THENCE WESTERLY ALONG
THE NORTH LINE OF SAID LOT 9 NORTH 88" 42' 58" WEST 7.44 FEET TO THE POINT OF
BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 46" 28' 47" EAST 67.81 FEET;
THENCE SOUTH 01" 13' 02" WEST 108.04 FEET; THENCE NORTH 88" 46' 58" WEST 24.00
FEET; THENCE NORTH 01" 13' 02" EAST 17.00 FEET; THENCE NORTH 39" 25' 52" WEST
2.64 FEET; THENCE NORTH 88" 46' 58" WEST 208.91 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE
WESTERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 89" 56' 00" AN ARC LENGTH OF 31. 39 FEET; THENCE SOUTH 01" 17' 02" WEST 14.02
FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID TRACT 6644; THENCE WESTERLY
ALONG SAID SOUTHERLY LINE NORTH 88" 46' 58" WEST 32.00 FEET; THENCE LEAVING SAID
SOUTHERLY LINE NORTH 01" 17' 02" EAST 13.98 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE NORTHERLY,
NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90" 04'
00" AN ARC LENGTH OF 31.44 FEET; THENCE NORTH 88" 46' 58" WEST 251.11 FEET TO THE
BEGlm~ING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1089.00 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01"' 43' 31" AN ARC
LENGTH OF 32.79 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAYE SOUTHEASTERLY
HAVING A RADIUS OF 20.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91" 26' 54" AN ARC LENGTH OF 31.92
FEET; THENCE SOUTH 01"' 57' 23" EAST 13.68 FEET TO A POINT LYING ON THE ,SOUTHERLY
LINE OF SAID TRACT MAP 6644, SAID POINT ALSO BEING THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1055.00 FEET (A RADIAL
L:INE THROUGH SAID POINT BEARS NORTH 01" 34' 31" WEST); THENCE WESTERLY ALONG SAID
CURVE THRQUGH A CENTRAL ANGLE OF 02" 10' 21" AN ARC LENGTH OF 40.00 FEET; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 01" 57' 23" WEST 13.20 FEET TO THE BEGINNING OF
/1
I
DESCRIPTION
.
Pagc
2
Ordcr No. 9750032
A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE
NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 920 50' 27" AN ARC LENGTH OF 32.41 FEET TO THE BEGINNING OF A COMPOUND CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1089.00 FEET; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 180 28' 33" AN ARC LENGTH OF 351.16
FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 20.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 540_ 55' 11" AN ARC LENGTH OF 19.17 FEET TO A POINT LYING ON THE
SOUTHERLY LINE OF SAID TRACT MAP 6644; THENCE WESTERLY ALONG SAID SOUTHERLY LINE
NORTH 880 46' 58" WEST 22."37 FEET; THENCE NORTH 250 12' 11" WEST 38.43 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 113.00
FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 220 29'
30" AN ARC LE;NGTH OF 44.36 FEET; THENCE NORTH 470 41' 41" WEST 22.18 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 150.00
FEET; THENCE .NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 54'
14" AN ARC LENGTH OF 10.22 FEET; THENCE LEAVING SAID CURVE NORTH 380 24' 05" EAST
13.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING
A RADIUS OF 163.00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 380 24' 05"
EAST); THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 54'
14" AN ARC LENGTH OF 11.11 FEET; THENCE SOUTH 470 41' 41" EAST 22.18 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 126.00
FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 200 15'
04" AN ARC LENGTH OF 44.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY, EASTERLY AND
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 860 05' 56" AN ARC
LENGTH OF 30.05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 1115.00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 230
32' 33" WEST); THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 240
47' 22" AN ARC LENGTH OF 4S2.41 FEET; THENCE SOUTH SSo 46' 58" EAST 511.16 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
20.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 900 00' 00" AN ARC LENGTH OF 31.42 FEET; THENCE NORTH
010 13' 02" EAST 31.55 FEET; THENCE NORTH 460 28' 47" WEST 84.95 FEET TO A POINT
LYING ON SAID NORTH LINE OF TRACT MAP 6644; THENCE EASTERLY ALONG SAID NORTH
LINE SOUTH 88,0 42' 58" EAST 38.68 FEET TO THE POINT OF BEGINNING.
ASSESSOR'S PARCEL NOS. 941-0550-052 (PORTION)
941-0550-053 (PORTION)
11
RK
.
.
,
.
,&, ~~~. . . ~
.
.
.
. "." r . . . _ - . ,
. ,
PROJ\lISSORY NOTE
$102,500
Pleasanton, CA
BJ Dublin Conunercial, a California Limited Partnership ("Maker"), promises to pay to City of
Dublin, a California Municipal Corporation ("Holdcr") at its offices at 100 Civic Plaza, Dublin,
California, the principal sum of One Hundred Two Thousand Five Hundred Dollars ($102,500).
1. This note is secured by a Decd of Trust in the amount of One Hundred Two Thousand Five
Hundred Dollars ($102,500) to be recorded against Parcel 2 of Parcel Map 7109, County of
Alameda, State of California ('the Security Property"). -,
2. 111is note is given to secure Maker's faithful performance, labor and materials, of those certain
public improvements described in the Cost Estimate for Bonding Public Improvements, Tract 6644
and Parcel Map 7109 dated April 28, 1997 ("Public Improvements"). Upon timely completion of
the construction work described therein to the satisfaction of the Director of Public Works of
Holder and upon Maker's delivery of one year maintenance surety satisfactory to Holder and a
written request to the Holder, the Holder of this note shall have 45 days to:
A. mark this note cancelled and return it to Maker; and,
B. order the reconveyance of the security interest in the Security Property.
3. Maker may offer and Holder may accept substitute surety for Maker's faithful peiformance of
the Public Improvements. In the event that Maker offers and Holder accepts substitute surety for
Maker's performance thereunder, and upon Maker's written request to Holder, the Holder of this
note shall have 45 days to:
A. mark tins note cancelled and return it to Maker; and,
B. order the reconveyance of the security interest in the Security Property.
4. In the event that Maker fails to timely perform the Public Improvements, then, Holder shall give
written notice to Maker demanding compliance with the performance of the Public Improvements
within 30 days. If Maker has not performed to the satisfaction of the Director of Public Works of
Holder within 30 days, then, Holder may issue a written demand on this note and said note shall
be due and payable 30 days from the date of Maker's receipt of said demand.
5. In the event that collection action is required to enforce payment of this note, then, Maker shall
also be obligated to pay Holder's reasonable attorney's fees incurred in said action.
Dated: 7-29-97
BJ Dublin Commercial
A California Limited Partnership
By: J. Patrick Land Company
Its: General Partner
By: ~P.~~
Its: President
'I "I
..~.
~4,~..r
~:-v) ":J.~~ rrr
~~ I.... ~~ n':l ~ f
" .
:(
-.
AND WHEN RECORDED
r
THE CITY OF DUBLIN. A
MUNICIPAL CORP.
100 CIVIC PLAZA
DUBU N. CA 94568
IL TO
I
rr-~:-.'~~!r:I"", ">""' ... - "'. .~," ::~
r ': .
.f ~ .:~ .--w,r...,.~ r:.: ~.:E
(., "'~ ,'.,.- ,,-,;:>;
. . H;'~.:" ,<)I4~&.&-bP:.~ (en
- 0 t- ('r"'-' ,,',' (...' ". ,lH:-[V, "OlJ:JT\' HI\S FiLED Tl-llo
c~~~n I~ T,I1!::~::-, ~<'.''.~?,:'':'~, ,..',~ili.r;';~~:l:'t);,~,>~~.,i.'~~!~_\!,: ,~H'~i}: iT HA~ N.O! ~'Q ~ _ ")'--'''''-'330
IN;,T,-. ,..r.,LJ'.I:'~D" ..-C'. "0' 1'1;"" ':y,' "''''IJ'fIO:.J nH ;,S T() liS E.:rF,~\o:r UPON rnLE. (~l 0~
GE~t~:~!:'~:.5;50aO;0~5.,to~LM '..' -l' -- -\, 33-1'
Q,dE'r No, 5050A0005 RK
.
sPACE ABOVE THIs UNE FOFl RECOIlDER"S USE
DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY
This DEED OF TRUST, made this 29 day o~ Ju 1 y , 1997 " between
BJ DUBLIN COMMERCIAL. A CALIFORNIA LIMITED PARTNERSHIP
herein called TRUSTOR, whose address is
5627 Stoneridge Drive~ Suite 320
Pleasanton, CA 94588
- CHICAGO TITLE COMPANY, a California Corporation
, herein called TRUSTEE, and
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION
.
herein called BENEFICIARY, Trustor irrevocably grants, translers and assigns to Trustee in Trust, with Power of Sale
that property in the Ci ty of, Dub 1 i n County of Alameda
California, describe~ as: LEGAL DESCRI PTION ATTACHED AND MADE A PART HEREOF BY REFERENCE
Togelher with the renls, issues and prolils thereof, subject, however, to the righi, power and aulhority hereinafter given to and conferred upon
Beneficiary to collect and apply sut:h renlS. issues and profils,
For the Purpose 01 Set:uring (1) paymenl of the $Um 01 $,156,500 with inleresllhereon at:cording to the lerms 01 a
promissory nOle or nOles of even dale herewilh made by Truslor, payable to order of Benefit:iary, and extensions or renewals thereol; (2) the.
performance' of eat:h agreement 01 Truslor incorporaled by relerent:e or contained herein or reciling it is so secured; (3) Payment 01 addilional
sums and inlereSlthereon whit:h may hereafter be loaned to TruSlor, or his &uct:essors or assigns, when evidenced by a promissory nOle or
noles reciling Ihallhey are secured by this Deed of TruSI
d,D
D11PG I fI/e. .." Page 1
W)5 {;
. Escrow No: 5050AOOO5 DLM
To protect the security of this Deed of Trust, and with respect to the property above described, Truslor expressly makes each and all of the
agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A of that certain
Fictflious Deed of Trust referenced herein, and Ills mulually agreed that ell of the provisions sel forth In subdivision B ollhal certain Fictitious Derod
of Trusl recorded in the book and page of Official Records In the office of the county recOrder 01 the county where said property Is localed, noted
below opposJIe-lhe name of Euch county, namely:
COUNTY BOOK PAGE COUNTY BOOK PAGE coulm BOOK PAGE COUNTY BOOK PAGE
Ala/rCda'- 1288 556 Kings 858 713 ,Placer 1028 379 Sierra 38 187
Alpine 3 130-31 lake B7 110 Plull\:1s 166 1307 Siskiyou 506 762
Anador 133 ' U8 Lassen 192 31i7 R.i ven i de 3778 347 Solano 1287 621
Butte 1330 513 Los Angeles T-3878 874 Sacrancnto 71-10-26 615 Sonolr\J 2067 427
Calaveras 185 338 r-adera 911 131i San Benito 300 405 Stanislaus 1970 56
Colusa 323 391 Klrin 1849 122 San Bernardino 6213 768 Sutter 6S5 S8S
Contra Costa 4684 1 Klriposa 90 453 San Francisco A-804 596 Tehalll:1 457 '183
Del Norte 101 549 ~ndocino 667 99 San Joaquin 2855 283 Trinity 108 595
El Dorado 704 635 ~rced 1660 753 San Luis Obispo 1311 137 Tulare 2530 108
Fresno 5052 623 M;ldoc 191 93 San ~teo 4778 175 Tuolumne 177 160
Glenn 469 76 M:>no 69 302 Santa Barmra 2065 881 Ventura 2607 237
. Hullboldt 801 83 M:lnterey 357 239 - Santa Clara 6626 664 Yolo 769 16
lnperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693
lnyo 165 672 Nevada 363 94 Shasta 800 633
Kern 3756 690 Orange 7182 18 San Diego Series 5 Book 1964. Page 149774
.
shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said
subdivisions A and 8, Qdentical in all counties) are printed on the following pages hereof, and are by the within reference therelo, incorporated
herein and made a part of this Deed of Trust for all purposes as fully as if set forth allength herein, and Beneficiary may charge for a slatement
regarding the obligation secured hereby, provided the charge thereof does nol exceed the maximum allowed by laws,
The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address
here.inbefore set forth.
STATE OF CALIFORNIA
COUNTY OF
Alameda
BJ DUBLIN COMMERCIAL,
A California Limited Partnership
By: J. Patriel Land Co., G.P.
}
} 55
By:
c,,~
P. Moore, President
7-29-97
Bruce B. Adams
a Notary Public in and for said County and Stale, personally appeared
John P. Moore
On
before me,
personally known 10 me (or proved to me on the basis of lSalisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me thaI he/she/they executed
the same In his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s). or the entity
upon behalf of which the person(s) aCled, ueculed the instrument.
~T~ff~
NOT s SIGNATURE
.
).1
DT2PG2 9/90 """
~ ~ ~ ~ ~ ~ ~ ~ ~
~f
BRUCE B. ADAMS
CO MM. # 1051031
z
cn'I's AREA FOR OFFIC....L NOTARIAl SEAL DR STAMp)
Page 2
Escrow No: ~050Aoo 5 DLM
DO NOT RECORD
.
The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded In each county in California as stated in the foregoing Deed
of Trust and incorporated by reference i~ said Deed of Trust os being a part thereof as if selforth at length therein.
A To protect the security of this Deed of Trusl, Trustor agroes: on
(1) To keep said property in good condition and repair; nolto remove or demolis,h any building thereon; to complele or reslore promplly end in
good and workmanlike manner any building which may be con!>tructad, damaged or destroyed thereon and to pay whcn due all claim!> for labor
performed and materials furnished there lor; to comply with Dlllaws all~cling said properly or requiring any alterations or improvemenls to be _
made thereon; not to commit or permil waste thereol; not to commit, suller or permit any act upon said properly in violalion 01 law; to cultivale,
irrigale, fertili~e, fumigate, prune end do ell olher ects which from the character or use of said property may be reasonably necessary, the specific
enumerations herein not excluding the general.
(2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Bencficiary. The amounl collected
under any fire or other insurance policy may be applied by Beneficiary upon any Indebledness !>ecured hereby and in such order as Beneficiary
may delermine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or
release shall not cure or waive any delault or notice of default hereunder or invalidate any act done pursuant to such notice.
(3) To appear in and defend any action or proceeding purporting to alleclthe security hereol or the rights or powers of Beneficiary or TrUSlee;
and to pay all COSIS and expenses, including cost of evidence of title and allorney's fees in a reasonable cum" in any action or proceeding in whicli-.
Beneliciary or Trustee may appear, and in any suit brought by Beneliciary to foreclose this Deed,
(4) To pay: at least ten days before delinquency all taxes and assessments allecting said property, including assessments on appurtenant water
stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereol, which appear to be prior or superior
hereto; all costs, fees and expenses of this Trust.
Should Trustor fail to make any payment or to do any act as herein provided, then Beneliciary or Trustee, but without obligation so to do and
without notice to or demand upon Trustor and without releasing Trustor from any Obligation hereOl, may, make or do the same in such manner
and to such extenf as either may deem necessary to protect the security hereof, Beneliciary or Trustee being aulhori~ed to enter upon said
property lor such purposes; appear in and defend any action or proceeding purporting to allect the security hereof or the rights or powers of
Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge, or lien which in the judgement 01 either appears to be
prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable fees. .
(5) To pay immedialely and witt,out demand all sums so expended by Beneficiary or Trustee, with inlerestfrom date 01 expenditure at t
amount allowed by law in ellect at the date hereof, and to pay for any statement provided for by law in effect at the dale hereol regarding Ihe
obligation secured hereby any am::>unt demanded by the Beneficiary not to exceed the maximum allowed by law at the lime when said statement
is demanded,
B, It is mutually agreed:
(1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby
assigned and shall be paid to Beneficiary who may apply or release such moneys received by him or her in the same manner and with the same
ellect as ~bove provided for regarding disposition of proceeds of fire or other insurance,
(2) That by accepting payment of any sum secured hereby aller its due date. Beneficiary does not waive his or her righl eilher 10 require prompt
payment when due of all other sums so secured or 10 declare default for failure so 10 pay,
(3) That at any time or from time 10 time, without liability therefor and without nOlice, upon wrillen request of Beneficiary and presentation 01
this Deed and said note for endorsement,' and without aHecting the personal liability of any person for payment of the indebtedness secured
hereby, Trustee may: reconvey any part of said property; consent 10 the making of any map or plat thereof; join in granting any easement thereon;
or join in any extension agreement or any agreement subordinating the lien or charge hereof.
(4) That upon wrinen request of Beneliciary stating that all sums secured hereby have been paid, and u'pon surrencer 01 this Deed and said
note 10 Truslee for cancellalion and retenlion or other disposition as Trustee in its sole discretion may choose and upon payment 01 its fees,
Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reconveyance 01 any mailers or facts shall be
conclusive prool of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally enlilled
therelo:
(5) That as addilional security, Trustor hereby gives 10 and confers upon Beneficiary the right, power and authority, during the continuance of
these Trusts, 10 Collect the renls, issues and profits of said property, reserving unto Trustor the right, prior 10 any default by Trustor in payment of
an~' indebtedness secured hereby or in perlormance of any agreement hereunder, to collect and retain such rents, issues and profits as they
become due and payable. Upon any such defaull, Beneficiary may at any time without nOlice, either in person, by agent, or by a receiver 10 be
appointed by a court, and without regard 10 the adequacy of any securit)' for the indebtedness hereby secured, enler upon and take possession 01
said property or any part thereot, in his or her own name sue for or otherwise collect such rents, issues, and profits, including those past due and
unpaid, and apply the same, less costs and expenses of opera lion and colleclion, including reasonable allorney's fees, upon any indebledness
secured hereby, and in such order as Beneficiary may determine. The en Ie ring upon and taking possession of said property, the collection of sue
rents, issues and prolits and the application thereof as atoresaid, shall not cure or waive any default or notice of delault hereunder or invalidale ar
8CI done put,suant to such nOlice.
).J-
DT?PGJ 9/9< _."
Page 3
Escrow No: 5050AOO 05DLM
.
DO NOT RECORD
(6)Thal upon defaull by Trustor in payment of any Indebtadness secured hereby or In performance of any egreement hereunder, Beneficiary
may declare all sums secured hereby Immediately due and payable by delivery to Trustee of wrillen declarallon of defaull and demand for sale
and of wriMen notice of default and of election to cause to be sold said properly, which notice Trustee shall cause to be filed for record, Benefieiary
also shall deposit with Trustee this Deed, ~,aid note and all documents evidencing expenditures secured hereby.
After the lapse of such time as may then be req0,red by law following the recordation of said notice 01 default, and nolice of sale having been
given as then required by law, :frustee without demand on T~uslor, shalt sell said property atthtJ time and place fixed by ft in uid notice of sale,
either as a whole or In separate parcels, and in such order as II may determine, at public auction to the highest bidder for cash in lawful money of
the United States, payable at time of sale. Trustee may postpone 5ale 01 all or any porlion 01 said property by public announcement at 5uch time
and place of sale, and from time to time therealter may postpone such sale by public announcement at the time fixed by the preceding
postponement. Tru5tee shall deliver to 5uch purchaser Its deed conveying the property so sold, but without any covenant or warranty, expre5S or
implied, The recitals in such deed 01 any mailers or facts shall be conclusive prool 01 the truthfulness thereof. Any person, including Trustor,
Trustee, or Beneficiary as hereinafter defined, may purchase at such sale.
AHer deducting all costs, fees and expenses of Trustee and of this Trusl, including cost of evidence oftille in connection with sale, Trustee shall
apply the proceeds of sale to payment of: all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed
by law in ellect at the date hereof; all olher sums, then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto.
(7) BeneliciarY;-'or any successor in ownership of any indebtedness secured hereby, may from lime to lime, by inslrument in writing, substitute
a successor or successors to any Trustet: named herein or acting hereunder" which instrument, executed by the Bcnelieiary and duty
acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, Shall be conclusive proof 01
proper substitution 01 such.successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title,
eslate, righls, powers and duties, Said instrument must contain the name 01 the original Trustor, Trustee and Beneficiary hereunder, the book and
page where this Deed is recorded and the name and address of the new Trustee.
(8) That this Deed applies to, inures to the benelit 01, and bin~'s all parties hereto, their heirs, legatees, devisees, administrators, executors,
successors, and assigns, The term Beneliciary shall mean the owner and holder, including pledgees, of the note secured hereby, whether or not
named as Beneliciary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or the neuter, and
the singular number includes the plural.
.
(g) The Trustee accepts this Trusl when this Deed, duly executed and acknowledged, is made a public record as provided by law. Trustee is nol
obligated to notify any party hereto "I pending sale under any other Deed 01 Trust or 01 any aClion or proceeding in which Trustor, Beneficiary or
Trustee Shall be a party unless brought by Trustee.
DO NOT RECORD
REQUEST FOR FULL RECONVEYANCE
TO CHICAGO TITLE COMPANY
The undersigned is the legal owner and holder of the nole or notes, and of all olher indebtedness secured by the foregoing Deed 01 Trust. Said
nOle ,or noles, together with all other indebtedness secured by said Deed of Trust have been fully paid and satisfied; and you are hereby requested
and directed, on payment to you of any sums owing to you under the terms of said Deed 01 Trust, to cancel said note or nOles above mentioned,
and all. other evidence of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, anu to
reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same.
Dated
Please mail Deed of Trusl,
Note and Reconveyance to
.
Do not lose or destroy this Deed of Trust OR THE NOTE which II secures. Both must be delivered to the Trustee for
cancellation before reconveyance will be made.
;..~
OT~PG' 818' _on
Page "I
I
DESCRIPTION
Page
1
Order No. 5050AOOOs RK
CITY OF DUBLIN
PARCEL ONE:
PARCEL 4 OF PARCEL MAP 7109, FILED MAY 19, 1997, IN BOOK 229 OF PARCEL MAPS,
PAGES 91 AND 92, ALAMEDA COUNTY RECORDS.
RESERVING THEREFROM NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO
PARCELS 1, 2 AND 3 OF PARCEL MAP 7109 AND APPURTENANT ~O LOTS 3 THROUGH 9 OF
TRACT 6644, FILED FEBRUARY 18, 1994, IN BOOK 210 OF MAPS, PAGES 98 THROUGH 100,
INCLUSIVE, OVER, UNDER, ALONG AND THROUGH THOSE AREAS OF SAID PARCEL 4 SHOWN AS
"PRIVATE ACCESS" ON PARCEL MAP 7109.
PARCEL TWO:
NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCEL 4 OF PARCEL
MAP 7109, OVER, UNDER,. ALONG AND THROUGH THOSE AREAS OF PARCELS 1, 2 AND 3 SHOWN
AS "PRIVATE ACCESS" ON PARCEL MAP 7109.
PARCEL THREE:
NON-EXCLUSIVE EASEMENTS FOR PRIVATE ACCESS, APPURTENANT TO PARCEL 4 OF PARCEL
MAP 7109, OVER, UNDER, ALONG AND THROUGH THE FOLLOWING DESCRIBED LAND:
BEING A PORTION OF LOTS 2 THROUGH 9 AS SHOWN ON THE MAP ENTITLED "TRACT MAP
6644" AS FILED FEBRUARY 18, 1994 IN BOOK 210 OF MAPS AT PAGES 98 THROUGH 100 IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHEASTERLY CORNER OF SAID LOT 9; THENCE WESTERLY ALONG
THE NORTH LINE OF SAID LOT 9 NORTH SS" 42' 5S" WEST 7.44 FEET TO THE POINT OF
BEGINNING; THENCE LEAVING SAID NORTH LINE SOUTH 46" 2S' 47" EAST 67.S1 FEET;
THENCE SOUTH 01" 13' ~2" WEST 108.04 FEET; THENCE NORTH 88" 46' 58" WEST 24.00
FEET; THENCE NORTH 01" 13' 02" EAST 17.00 FEET; THENCE NORTH 39" 25' 52" WEST
2.64 FEET; THENCE NORTH 88" 46' 58" WEST 208.91 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET; TIIENCE
W~STERLY, SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 89" 56' 00" AN ARC LENGTH OF 31. 39 FEET; THENCE SOUTH 01" 17' 02" WEST 14.02
FEET TO A POINT LYING ON THE SOUTHERLY LINE OF SAID TRACT 6644; THENCE WESTERLY
ALONG SAID SOUTHERLY LINE NORTH 08" 46' 58" WEST 32.00 FEET; THENCE LEAVING SAID
SOUTHERLY LINE NORTH 01" 17' 02" EAST 13.98 FEET TO THE BEGINNING OF A TANGENT
CURVE CONCAVE SOUTHWESTERLY P~VING A RADIUS OF 20.00 FEET; THENCE NORTHERLY,
NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90" 04'
00" AN ARC LENGTH OF 31.44 FEET; THENCE NORTH SS" 46' 58" WEST 251.11 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 10S9.00 FEET;
THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01" 43' 31" AN ARC
LENGTH OF 32.79 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY
P~VING A RADIUS OF 20.00 FEET; THENCE WESTERLY, SOUTHWESTERLY AND SOUTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 91" 26' 54" AN ARC LENGTH OF 31.92
FEET; THENCE SOUTH 01" 57' 23" EAST 13.68 FEET TO A. POINT LYING ON THE SOUTHERLY
LINE OF SAID TRACT MAP 6644, SAID POINT ALSO BEING THE BEGINNING OF A
NOH-TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1055.00 FEET (A RADIAL
LINE THROUGH SAID POINT BEARS NORTH 01" 34' 31" WEST); THENCE WESTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 02" 10' 21" AN ARC LENGTH OF 40.00 FEET; THENCE
LEAVING SAID SOUTHERLY LINE NORTH 01" 57' 23" WEST 13.20 FEET TO THE BEGIN"ING OF
;i
.
.
i:
r
I..
t
. i.
I
..
\
I
I.
.
.
.
fate
DESCRIPTION
2
Order No. SOSOAOOOS RK
A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 20.00 FEET; THENCE
NORTHERLY, NORTHWESTERLY AND WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 920 50' 27" AN ARC LENGTH OF 32.41 FEET TO THE BEGINNING OF A COMPOUND CURVE
CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 1089.00 FEET; THENCE SOUTHWESTERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 180 28' 33" AN ARC LENGTH OF 3 51 . 16
FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS
OF 20.00 FEET; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A
CENTRAL ANGLE OF 540 55' 11" AN ARC LENGTH OF 19.17 FEET TO A POINT LYING ON TIlE
SOUTHERLY LINE OF SAID TRACT MAP 6644; THE~CE WESTERLy'ALONG SAID SOUTHERLY LINE
NORTH B80 46' 58" WEST 22.37 FEET; THENCE NORTH 250 12' 11" WEST 38.43 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 113.00
FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 220 29'
30" AN ARC LENGTH OF 44.36 FEET; THENCE NORTH 47041' 41" WEST 22.18 FEET TO l"HE
BEGINNING OF A TANGENT CURVE CONCAVE SOutHWESTERLY HAVING A RADIUS OF 150.00
FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 54'
14" AN ARC LENGTH OF 10.22 FEET; THENCE LEAVING SAID CURVE NORTH 380 24' 05" EAST
13.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING
A RADIUS OF 163.00 FEET (A RADIAL'"LINE THROUGH SAID POINT BEARS NORTH 380 24' 05"
EAST); THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 030 54'
14" AN ARC LENGTH OF 11.11 FEET; THENCE SOUTH 470 41' 41" EAST 22.18 FEET TO THE
BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 126.00
FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 200 15'
04" AN ARC LENGTH OF 44.53 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 20.00 FEET; THENCE SOUTHEASTERLY, EASTERLY AND
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF B60 OS' 56" AN ARC
LENGTH OF 30.05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY
HAVING A RADIUS OF 1115.00 FEET (A RADIAL LINE THROUGH SAID POINT BEARS NORTH 230
32' 33" WEST); THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 240
47' 22" AN ARC LENGTH OF 4B2. 41 FEET; THENCE SOUTH BBo 46' SB" EAST 511.16 FEET
TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF
20.00 FEET; THENCE EASTERLY, NORTHEASTERLY AND NORTHERLY ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 900 00' 00" AN ARC LENGTH OF 31.42 FEET; THENCE NORTH
010 13' 02" EAST 31. 55 FEET; THENCE NORTH 4P 28' 47" WEST B4. 95 FEET TO A POINT
LYING ON SAID ,NORTH LINE OF TRACT MAP 6644; THENCE EASTERLY ALONG SAID NORTH
LINE SOUTH BBo 42' 58" EAST 38.68 FEET TO THE POINT OF BEGINNING.
ASSESS~R'S PARCEL NO. 941-0550-053
IS