HomeMy WebLinkAboutReso 181-09 Fallon Gateway PM 9827RESOLUTION NO. 181 - 09
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
********
APPROVING PARCEL MAP 9827
AND
TRACT IMPROVEMENT AGREEMENT PARCEL MAP 9827, FALCON GATEWAY
WHEREAS, Parcel Map 9827, in the incorporated territory of the City of Dublin, State of
California, has been presented to this City Council for approval, all in accordance with
provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal
Code; and
WHEREAS, the Developer, Stanforth Holding Company, LLC, a California limited liability
company, has executed and filed with the City of Dublin a Tract Improvement Agreement to
complete required subdivision improvements in accordance with the Conditions of Approval for
the Tentative Map, and the approved improvement plans; and
WHEREAS, the Developer has delivered to the City an easement deed applicable to the
lands within Parcel Map 9827. The easement deed is a form of security that is acceptable to
the City within the meaning of subdivision (a)(5) of Government Code section 66499 and
permissible under Dublin Municipal Code section 9.16.080.
NOW, THEREFORE, BE IT RESOLVED that said Agreement, attached as Exhibit A.
and bonds are hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to
execute said Tract Improvement Agreement.
BE IT FURTHER RESOLVED that Parcel Map 9827 is hereby approved, and that rights
to the areas marked as Dublin Boulevard, Public Service Easement (PSE), Public Utility
Easement (PUE), Emergency Vehicle Access Easement (EVAE) and Storm Drain Maintenance
Easement (SDME) offered for dedication to public use in conformity with the terms of dedication
be, and they are hereby accepted, subject to improvement, and that the Temporary Easement
for Ingress and Egress as recorded in Instrument Number 2007260094, Alameda County
Records is hereby abandoned; the Clerk of this City Council is hereby directed to transmit said
Map to the County Recorder for filing.
Page 1 of 2
PASSED, APPROVED AND ADOPTED this 15th day of December, 2009, by the
following vote:
AYES: Councilmembers Biddle, Hart, Hildenbrand, and Mayor Sbranti
NOES: None
ABSENT: Councilmember Scholz
ABSTAIN: None
ATTEST:
City Clerk
J ~.
Mayor
Reso No. 181-09, Adopted 12-15-09, Item 4.6 Page 2 of 2
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CITY OF DUBLIN
TRACT IMPROVEMENT AGREEMENT
PARCEL MAP 9827, FALCON GATEWAY
This agreement is made and entered into this 4th day of December, 2009, by and between the
CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Stanforth Holding
Company, LLC (or their assignee), hereinafter are referred to as "DEVELOPER".
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of
California, that DEVELOPER, the subdivider of Parcel Map 9827, desires to improve and dedicate
those public improvements (hereafter "The Improvements") required by City of Dublin Community
Development Director Resolution No. 09-07 adopted on August 12, 2009 iri accordance with the
requirements and conditions set forth in said resolution, the requirements of the Subdivision Map Act
of the State of California, the Subdivision Ordinance of the CITY, and those certain plans for said
development entitled Improvement Plans Fallon Road (Phase 1) and Dublin Boulevard (Phase II) for
Fallon Gateway, prepared by MacKay &Somps and signed by the City Engineer on June 10, 2009;
and Fallon Road and Dublin Boulevard Traffic Signal Improvement Plans (95% complete) prepared by
TJKM Transportation Consultants and now on file in the office of the City Engineer, which are hereby
referred to for a more definite and distinct description of the work to be performed under this
Agreement as though set forth at length herein;
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the
time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of dedication of The
Improvements in consideration for DEVELOPER's satisfactory performance of the terms and
conditions of this Agreement; and
WHEREAS, CITY has determined that The Improvements are a public works subject to
California prevailing wage requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein
contained, the parties agree as follows:
1. Completion Time.
DEVELOPER will commence construction of The Improvements within thirty (30) days
following the date on which CITY issues a grading permit for any portion of the lands included within
Parcel Map 9827. DEVELOPER shall complete said work not later than 1 year following the date
upon which said grading permit is issued. Upon completion, DEVELOPER shall furnish CITY with a
complete and reproducible set of final Record Drawings of The Improvements, including any
modifications made during construction.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement as presented
in the Bond Estimates for Parcel Map 9827, dated November 18, 2009 prepared by MacKay &Somps
is agreed to be as follows:
EXHIBIT ~.
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• Dublin Boulevard (Phase II) Improvements $297,000
• Dublin Boulevard (Phase II) Landscaping $88,000
• Fallon Gateway Entry Traffic Signals $370,000
Said amount includes costs and reasonable expenses and fees which may be incurred in
enforcing the obligation secured.
3. Security Furnished and To Be Furnished.
A. DEVELOPER has delivered to the CITY an easement deed applicable to the lands
within Parcel Map 9827, a copy of which is attached hereto as Exhibit A. City hereby finds that the
easement deed is a form of security that is acceptable to the City within the meaning of subdivision
(a)(5) of Government Code section 66499 and permissible under Dublin Municipal Code section
9.16.080. Upon DEVELOPER's provision of the security required by Subparagraph B of this
Paragraph or the completion of The Improvements, the City shall promptly reconvey the easement
deed to DEVELOPER and/or its successors in interest. To effect such reconveyance, the City
Manager, without additional City Council authorization, may execute the Release and Reconveyance
in substantially the form attached hereto as Exhibit B.
B. Prior to issuing a grading permit for any portion of the lands within Parcel Map 9827,
DEVELOPER shall furnish CITY with the following security in a form satisfactory to the CITY
Attorney, and the parties shall document the address to which notifications to DEVELOPER'S surety
shall be provided:
1. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a
company duly and legally licensed to conduct a general surety business in the State of California, or an
instrument of credit equivalent to one hundred percent (100%) of the estimate set forth in Paragraph 2
and sufficient to assure CITY that The Improvements will be satisfactorily completed.
2. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a
company duly and legally licensed to conduct a general surety business in the State of California, or an
instrument of credit equivalent to one-hundred percent (100%) of the estimate set forth in Paragraph 2
and sufficient to assure CITY that DEVELOPER's contractors, subcontractors, and other persons
furnishing labor, materials, or equipment shall be paid therefor.
CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any
instrument or deposit required herein shall conform with the requirements of Chapter 5 of the
Subdivision Map Act.
4. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to
be obtained and filed with the CITY, all insurance requited under this paragraph. Prior to the
commencement of work under this Agreement, DEVELOPER'S general contractor shall obtain or
cause to be obtained and filed with the Administrative Services Director, all insurance required under
this paragraph DEVELOPER shall not allow any contractor or subcontractor to commence work on
this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER'S general
contractor shall have been so obtained and approved. Said insurance shall be maintained in full force
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and effect until the completion of work under this Agreement and the final acceptance thereof by
CITY. All requirements herein provided shall appear either in the body of the insurance policies or as
endorsements and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL 0404
covering Broad Form Comprehensive General Liability; or Insurance Services Office
Commercial General Liability coverage ("occurrence" form CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" aiid endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the State
of California and Employers Liability Insurance.
B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than:
1) General Liability: $1,000,000 combined single limit per occurrence for bodily
injury, personal injury and property damage. If commercial General Liability Insurance
or other form with a general aggregate limit is used, either the general aggregate limit
shall apply separately to this project/location or the general aggregate limit shall be
twice the required occurrence limit.
2) Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
3) Workers' Compensation and Employers Liability: Workers' compensation
limits as required by the Labor Code of the State of California and Employers Liability
limits of $1,000,000 per accident.
C. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the CITY. At the option of the CITY, either the
insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the
CITY, its officers, officials and employees; or the DEVELOPER shall procure a bond
guaranteeing payment of losses and related investigations, claim administration and defense
expenses.
D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain,
the following provisions:
1) General Liability and Automobile Liability Coverages.
a) The CITY, its officers, agents, officials, employees and volunteers shall
be named as additional insureds as respects: liability arising out of
activities performed by or on behalf of the DEVELOPER; products and
completed operations of the DEVELOPER; premises owned, occupied
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or used by the DEVELOPER; or automobiles owned, leased, hired or
borrowed by the DEVELOPER. The coverage shall contain no special
limitations on the scope of the protection afforded to the CITY, its
officers, officials, employees or volunteers.
b) The DEVELOPER'S insurance coverage shall be primary insurance as
respects the CITY, its officers, officials, employees and volunteers. Any
insurance or self-insurance maintained by the CITY, its officers,
officials, employees or volunteers shall be excess of the DEVELOPER'S
insurance and shall not contribute with it.
c) Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CITY, its officers, officials, employees
or volunteers.
d) The DEVELOPER'S insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
2) Workers' Compensation and Employers Liabili Coverage.
The insurer shall agree to waive all rights of subrogation against the CITY, its
officers, officials, employees and volunteers for losses arising from work performed by
the DEVELOPER for the CITY.
3) All Coverages.
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice by certified mail, return receipt
requested, has been given to the CITY.
a) Acceptability of Insurers. Insurance is to be placed with insurers with a
Bests' rating of no less than A:VII.
b) Verification of Coverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and endorsements for
each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates and endorsements
are to be received and approved by the CITY before work commences.
The CITY reserves the right to require complete, certified copies of all
required insurance policies, at any time.
c) Subcontractors. DEVELOPER and/ox DEVELOPER'S general
contractor shall include all subcontractors as insureds under its policies
or shall obtain separate certificates and endorsements for each
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subcontractor. All coverages for subcontractors shall be subject to all of
the requirements stated herein.
5. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of routine
maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work
executed by DEVELOPER and/or DEVELOPER's agents, and all supplies, materials and devices of
whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of
the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a
period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair
or replace any or all such work or material, together with all or any other work or materials which may
be displaced or damaged in so doing, that may prove defective in workmanship or material within said
one-year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and. agrees that when defects in workmanship and materials actually
appear during the one-year guarantee period, and have been corrected, the guarantee period for the
defected items shall automatically be extended for an additional year from the date of the completion
of the repair to insure that such defects have actually been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the
right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay
to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the
contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee
results in a condition which constitutes an immediate hazard to the public health, safety, or welfare,
CITY shall have the right to immediately repair, or cause to be repaired, such defect, and
DEVELOPER shall pay to CITY on demand all. costs and expense of such repair. The foregoing
statement relating to hazards to health and safety shall be deemed to include either temporary or
permanent repairs which may be required as determined in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or
performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such
repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the
maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such
work or repairs.
6. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and designated
representative for the safe and convenient inspection of the work throughout its construction. Said
CITY representative shall have the authority to reject all materials and workmanship which are not in
accordance with the plans and specifications, and all such materials and or work shall be removed
promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in
strict accordance with the improvement plans and specifications.
7. Agreement Assigmnent.
This Agreement shall not be assigned by DEVELOPER without the written consent of CITY.
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8. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's obligations
under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part
thereof, with such diligence as will insure its completion within the time specified, or any extension
thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be
adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER'S
creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER'S
contractors, subcontractors, agents or employees should violate any of the provisions of this
Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and
DEVELOPER'S surety or holder of other security of breach of this Agreement, or of any portion,
thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety shall have
the duty to take over. and complete The Improvements herein specified; provided, however, that if the
surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY
written notice of its intention to take over the performance of the contract, and does not commence
performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over
the work and prosecute the same to completion, by contract or by any other method CITY may deem
advisable, for the account and at the expense of DEVELOPER and DEVELOPER'S surety shall be
liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY
thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in
completing the work, such materials, appliances, plant and other property belonging to DEVELOPER
as may be on the site of the work and necessary therefor.
9. Notices.
All notices herein required shall be in writing, and delivered in person or sent by registered
mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Mark Lander, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to DEVELOPER shall be addressed as follows:
Stanforth Holding Company, LLC
c/o James Tong
4690 Chabot Drive, Suite 100
Pleasanton, CA 94588
Notices required to be given surety of DEVELOPER shall be addressed as follows:
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[To be added when DEVELOPER provides the security required by Subparagraph B of
Paragraph 5.]
Any party or the surety may change such address by notice in writing to the other party and
thereafter notices shall be addressed and transmitted to the new address.
10. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all streets and
improvements within the work to be performed under this Agreement shall be at the sole and exclusive
risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings
located within the tract shall not be construed in any manner to constitute a partial or final acceptance
or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building
Official may withhold the issuance of building or occupancy permits when the work or its progress
may substantially and/or detrimentally affect public health and safety.
11. Safet~Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory
signs, warning lights, and other safety devices adjacent to and on the tract site as maybe necessary to
prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and
maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other
safety devices. At the end of all work to be performed under this Agreement, all fences, barriers,
regulatory signs, warning lights, and other safety devices (except such safety items as may be shown
on the plans and included in the items of work) shall be removed from site of the work by the
DEVELOPER, and the entire site left clean and orderly.
12. Acc~tance of Work.
Upon notice of the completion of all tract work and the delivery of a set of final as-built plans
to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall
examine the tract work without delay, and, if found to be in accordance with said plans and
specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the
estimated cost of The Improvements, shall recommend acceptance of the work to the City Council and,
upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance.
13. Patent and Cop~ght Costs.
In the event that said plans and specifications require the use of any material, process or
publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for,
and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and
court costs, which may result from the use of said patented or copyrighted material, process or
publication.
14. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of this
Agreement or any provision of this Agreement shall not operate to release any surety or sureties from
lit ~ac,
liability on any bond or bonds attached hereto and made a part hereof, and consent to make such
alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819
of the Civil Code of the State of California.
15. Liability.
A. DEVELOPER Primaril, Liable. DEVELOPER hereby warrants that the design and
construction of The Improvements will not adversely affect any portion of adjacent properties
and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify,
defend, release, and save harmless CITY, and each of its elective and appointive boards,
commissions, officers agents and employees, from and against any and all loss, claims, suits,
liabilities, actions, damages, or causes of action of every kind, nature and description, directly
or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent contractors in connection with DEVELOPER'S actions and obligations hereunder;
provided as follows:
1) That CITY does not, and shall not, waive any rights against DEVELOPER
which it may have by reason of the aforesaid hold harmless agreement, because of the
acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the
insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to
all damages and claims for damages of every kind suffered, or alleged to have been
suffered, by reason of any of the aforesaid operations referred to in this paragraph,
regardless of whether or not CITY has prepared, supplied, or approved of plans and/or
specifications for the subdivision, or regardless of whether or not such insurance
policies shall have been determined to be applicable to any of such damages or claims
for damages.
3) Design Defect. If, in the opinion of the CITY, a design defect in the work of
improvement becomes apparent during the course of construction, or within one (1)
year following acceptance by the CITY of the improvements, and said design defect, in
the opinion of the CITY, may substantially impair the public health and safety,
DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost
and expense, and the sureties under the Faithful Performance and Labor and Materials
Bonds shall be liable to the CITY for the corrective work required.
4) Litigation Expenses. In the event that legal action is instituted by either
party to this Agreement, and said action seeks damages for breach of this Agreement or
seeks to specifically enforce the terms of this Agreement, and, in the event judgment is
entered in said action, the prevailing party shall be entitled to recover its attorneys' fees
and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover
its attorney's fees and costs in any action against DEVELOPER'S surety on the bonds
provided under paragraph 3.
16. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at
Dublin, California, the day and year first above written.
CITY OF DUBLIN:
By:
Tim Sbranti, Mayor
Date:
ATTEST:
By:
Caroline Soto, City Clerk
Date:
Approved as to Form:
DEVEL PER:
St o Holding Company, a California limited
B
James
Its: ~~•~' ~
Date: / -~ -~~
John Bakker, City Attorney
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EXHIBIT "A"
GRANT OF EASEMENT
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RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorders use
GRANT OF EASEMENT
(Negative Easement Preventing Development)
Pursuant to that certain unrecorded Tract Improvement Agreement, Parcel Map
9827, Fallon Gateway, dated December 15, 2009, and for valuable consideration,
receipt of which is hereby acknowledged, Stanforth Holding Company, L.L.C., a
California limited liability company ("Grantor") hereby grants to the City of Dublin, a
municipal corporation ("Grantee"), a permanent negative easement giving Grantee the
right to prevent development on that certain real property situated in the City of Dublin,
County of Alameda, State of California, described and depicted in Exhibit A attached
hereto and incorporated herein by this reference (the "Property"). Grantee's right to
prevent development shall mean ability to prevent any form of development on the
Property, including grading; said right shall further include the right to withhold the
issuance of any permits, authorizations, or approvals for development on the Property
to which the applicant for such permits, authorizations, or approvals might otherwise be
entitled under California law or the Grantee's rules and regulations.
IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of
~U~/ /Q 7'n` , 2009.
1'/XHIBIT "A"
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REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING
PARCEL "C" DESCRIBED IN THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT LLA-OS-06,
RECORDED DECEMBER 21, 2005, SERIES NO. 2005 54 1 61 1, OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARCEL "C"
A PORTION OF LOT 4, AS SAID LOT IS SHOWN ON THE MAP OF TRACT 7453, FILED IN BOOK 273 OF
MAPS AT PAGES 52 THROUGH 56 INCLUSIVE, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A NORTHWEST CORNER OF SAID LOT 4 ON THE SOUTHERLY RIGHT OF WAY OF
DUBLIN BOULEVARD, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL
MAP 8640 FILED IN BOOK 286 OF PARCEL MAPS PAGE 7, ALAMEDA COUNTY RECORDS, THENCE
ALONG THE NORTHERLY LINE OF SAID LOT 4 AND THE SOUTHERLY RIGHT OF WAY OF DUBLIN
BOULEVARD, THE FOLLOWING 3 COURSES:
1) SOUTH 89°27'02" EAST 422.35 FEET,
2) ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 3076.00 FEET, THROUGH A CENTRAL
ANGLE OF 04°57'20", FOR AN ARC DISCTANCE OF 266.05 FEET,
3) NORTH 85°35'38" EAST 14].33 FEET,
THENCE LEAVING SAID NORTHERLY LINE OF LOT 4 THE FOLLOWING THREE COURSES:
I) SOUTH 04°24'22" EAST 1.00 FEET,
2) NORTH 85°35'38" EAST 20.00 FEET,
3) ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 1477.00 FEET, THROUGH A CENTRAL
ANGLE OF 28°56'52", FOR AN ARC DISTANCE OF 746.23 FEET TO THE TRUE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL;
THENCE FROM SAID POINT OF BEGINNING THE FOLLOWING EIGHT COURSES:
1) CONTINUING ALONG SAID TANGENT CURVE TO THE LEFT WITH A RADIUS OF 1477.00 FEET, FROM
WHICH THE RADIUS POINT BEARS NORTH 33°21' 14" WEST, THROUGH A CENTRAL ANGLE OF
03°28'48", FOR AN ARC DISTANCE OF 89.71 FEET,
2) NORTH 53°09'58" EAST 292.64 FEET,
3) ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 1123.00 FEET, THROUGH AN
CENTRAL ANGLE OF 08°27'34", FOR AN ARC DISTANCE OF 165.81 FEET TO A POINT OF COMPOUND
CURVATURE,
4) ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 357.00 FEET, THROUGH AN
CENTRAL ANGLE OF 19°05'48", FOR AN ARC DISTANCE OF 118.99 FEET TO A POINT OF REVERSE
CURVATURE,
5) ALONG A CURVE TO THE LEFT WITH A RADIUS OF 393.00 FEET, THROUGH AN CENTRAL ANGLE OF
09°39'00", FOR AN ARC DISTANCE OF 66.19 FEET TO A POINT OF REVERSE CURVATURE,
6) ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1 102.00 FEET, THROUGH AN CENTRAL ANGLE
OF l9°12'40", FOR AN ARC DISTANCE OF 369.50,
7) SOUTH 50°26'51" EAST 34.88 FEET,
8) SOUTH 00°26'33" WEST 1052.78 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 4,
THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 4 THE FOLLOWING FOUR
COURSES:
1) SOUTH 00°26'33" WEST 309.24 FEET,
2) SOUTH 50°39'32" WEST 180.68 FEET,
3) ALONG ANON-TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 950.11 FEET, FROM WHICH THE
RADIUS POINT BEARS NORTH 39°16'59" WEST, THROUGH A CENTRAL ANGLE OF 39°35'21", FOR AN
ARC DISTANCE OF 656.49 FEET,
4) NORTH 89°41'38" WEST 212.97 FEET,
THENCE LEAVING SAID SOUTHERLY LINE OF LOT 4 AND ENTERING SAID LOT 4, NORTH O1°56'07"
WEST 1282.85 FEET TO THE POINT OF BEGINNING.
APN 985-0027-009-03
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STATE OF CALIFORNIA )
COUNTY OF /~ L /~-!n ~~ ~"
On N~]V 18 ~QO9 before me, 1~~}-2R 1-• ~5~~ eel OS r+ ,
Notary Public, personally appeared ~ ~in~ 7aN 6
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that 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) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
SS my hand and official seal.
DARA L. ESPINOSA
_ Commission # ] 622921
~ ~ -: Notary Public - California ~
~-~ Alameda County
Signature o Notary Publ' Mycomm. ExpNes Nov t 9, 2
(Seal)
Ivor #la6oss6 v3
ao ~aC
CERTIFICATE OF ACCEPTANCE:
This is to certify that the interest in real property conveyed by this Deed or Grant, dated
December , 2009, from Stanforth Holding company, LLC, a~California Limited Liability
Company for a Grant Deed for a Negative Easement Preventing Development (over, under, and
across Parcel "C" per LLA-OS-06) to the City of Dublin, a governmental agency, is hereby
accepted by Mark Lander, City Engineer, on behalf of the Dublin City Council pursuant to
authority conferred by Resolution No. 24-87 of the Dublin City Council, adopted on April 13,
1987, and the grantee consents to recordation thereof by its duly authorized officer.
DATED:
Mark Lander, City Engineer
By:
2009
City of Dublin
100 Civic Plaza
Dublin, California 94568
P:116034-14Vegals\111034-I4mw11-25-09Certificate of Acceptance.doc
ai lac
CALIFORNIA ALL-PURPOSE ACKNOWLEDGME,~T
State of California
ss
County of Alameda
On before me, ,Notary
Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the persons} whose name(s) is/are
subscribed to the within instrument and acknowledged to me that 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) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
.: fraudulent removal and reattachment of this form to another document.
;Description of attached document:
;Title or Type of Document:
i Document Date:
;Signers other than named above:
Capacity(ies) claimed by signer
;Signer's Name
Number of Pages:
Signer is Representing:
^ Individual
O Corporate Officer -Title(s):
^ Partner- O Limited O General
^ Attorney-in-Fact
f O Trustee
^ Guardian or Conservator
^ Other:
• -
Top of thumb here
as :~~~~
EXHIBIT "B"
RELEA-.SE AND RECONVEYANCE
P:\16034-14Vegals116034-14mw1 L24-09ExhihitA-PueeIC-NEPD coven.d«
ag~a~
RECORDING REQUESTED BY:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
Space above this line for Recorder's use
RELEASE AND RECONVEYANCE
WHEREAS, the City of Dublin, a municipal corporation (the "Grantee") caused to
be recorded in the Official Records of Alameda County that certain Grant of Easement
(Negative Easement Preventing Development) (the "Easement") dated
and recorded on , as Instrument No. and
affecting the real property described in the attached Exhibit A (the "Property").
Capitalized terms used but not defined herein shall have the meaning ascribed to such
terms in the Easement; and
WHEREAS, the City received the Easement as security for the performance of
certain obligations by Grantor pursuant to that certain unrecorded Tract Improvement
Agreement, Parce19827, Fallon Gateway, dated (the "Improvement
Agreement"), and Improvement Agreement required the City to reconvey the Easement
to Grantor and/or its successors upon the satisfaction of those obligations or the
provision of substitute security; and
WHEREAS, either Grantor has satisfied the obligations pursuant to the
Improvement Agreement or has provided substitute security, and the City wishes to
release and reconvey to the person or persons legally entitled to the Property all rights
and interests of the Grantee in the Property created pursuant to the Easement.
NOW THEREFORE, the City hereby: (i) reconveys to the person or persons
legally entitled thereto, without warranty, a!I the estate, title and interest acquired by City
in the Property under the Easement; and (ii) authorizes the recordation of this
instrument in the Official Records of Alameda County.
~ti~~b
Dated:
CITY,
City of Dublin, a municipal corporation
By: City Manager
SIGNATURE MUST BE NOTARIZED.
1328203.1
a5 dal
r.A~ tFORN1A ALL-PURPOSE ACKNOWLEDGMESVT
State of California
ss
County of Alameda
On before me, ,Notary
Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/herltheir signature(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
.• fraudulent removal and reattachment of this form to another document.
i Description of attached document:
#Title or Type of Document:
i Document Date:
Number of Pages:
;Signers other than named above:
Capacity(ies) claimed by signer
Signer's Name
Signer is Representing:
^ Individual
^ Corporate Officer -Title(s):
^ Partner - ^ Limited ^ General
^ Attorney-in-Fact
^ Trustee
^ Guardian or Conservator
^ Other:
EXHIBIT "A"
~~~a~
REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING
PARCEL "C" DESCRIBED IN THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT LLA-OS-06,
RECORDED DECEMBER 21, 2005, SERIES NO. 2005541611, OFFICIAL RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
PARCEL "C"
A PORTION OF LOT 4, AS SAID LOT IS SHOWN ON THE MAP OF TRACT 7453, FILED IN BOOK 273 OF
MAPS AT PAGES 52 THROUGH 56 INCLUSIVE, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT A NORTHWEST CORNER OF SAID LOT 4 ON THE SOUTHERLY RIGHT OF WAY OF
DUBLIN BOULEVARD, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL
MAP 8640 FILED IN BOOK 286 OF PARCEL MAPS PAGE 7, ALAMEDA COUNTY RECORDS, THENCE
ALONG THE NORTHERLY LINE OF SAID LOT 4 AND THE SOUTHERLY RIGHT OF WAY OF DUBLIN
BOULEVARD, THE FOLLOWING 3 COURSES:
1) SOUTH 89°27'02" EAST 422.35 FEET,
2) ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 3076.00 FEET, THROUGH A CENTRAL
ANGLE OF 04°57'20", FOR AN ARC DISCTANCE OF 266.05 FEET,
3) NORTH 85°3S'38" EAST 141.33 FEET,
THENCE LEAVING SAID NORTHERLY LINE OF LOT 4 THE FOLLOWING THREE COURSES:
1 } SOUTH 04°24'22" EAST 1.00 FEET,
2) NORTH 85°35'38" EAST 20.00 FEET,
3) ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 1477.00 FEET, THROUGH A CENTRAL
ANGLE OF 28°56'52", FOR AN ARC DISTANCE OF 74b ~3 FEET TO THE TRUE POINT OF BEGINNING OF
THE HEREIN DESCRIBED PARCEL;
THENCE FROM SAID POINT OF BEGINNING THE FOLLOWING EIGHT COURSES:
1) CONTINUING ALONG SAID TANGENT CURVE TO THE LEFT WITH A RADIUS OF 1477.00 FEET, FROM
WHICH THE RADIUS POINT BEARS NORTH 33°21' l4" WEST, THROUGH A CENTRAL ANGLE OF
03°28'48", FOR AN ARC DISTANCE OF 89.71 FEET,
2) NORTH 53°09'.58" EAST 292.b4 FEET,
3) ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 1123.00 FEET, THROUGH AN
CENTRAL ANGLE OF 08°27'34", FOR AN ARC DISTANCE OF 165.81 FEET TO A POINT OF COMPOUND
CURVATURE,
4) ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 357.00 FEET, THROUGH AN
CENTRAL ANGLE OF 19°05'48", FOR AN ARC DISTANCE OF 118.99 FEET TO A POINT OF REVERSE
CURVATURE,
5) ALONG A CURVE TO THE LEFT WITH A RADIUS OF 393.00 FEET, THROUGH AN CENTRAL ANGLE OF
09°39'00", FOR AN ARC DISTANCE OF b6.19 FEET TO A POINT OF REVERSE CURVATURE,
6) ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1102.00 FEET, THROUGH AN CENTRAL ANGLE
OF 19°12'40", FOR AN ARC DISTANCE OF 369.50,
7) SOUTH 50°26'51" EAST 34.88 FEET,
8) SOUTH 00°26'33" WEST 1052.78 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 4,
THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 4 THE FOLLOWING FOUR
COURSES:
1) SOUTH 00°26'33" WEST 309.24 FEET,
2) SOUTH 50°39'32" WEST 180.68 FEET,
3) ALONG ANON-TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 950.11 FEET, FROM WHICH THE
RADIUS POINT BEARS NORTH 39°16'59" WEST, THROUGH A CENTRAL ANGLE OF 39°35'21", FOR AN
ARC DISTANCE OF 656.49 FEET,
4) NORTH 89°41'38" WEST 212.97 FEET,
THENCE LEAVING SAID SOUTHERLY LINE OF LOT 4 AND ENTERING SAID LOT 4, NORTH OI°56'07"
WEST 1282.85 FEET TO THE POINT OF BEGINNING.
APN 985-0027-009-03
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