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HomeMy WebLinkAbout4.04 Real Prop DB WidenCTTY.:.CLERK # 0670-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: August 1, 2000 SUBJECT: Approval of Real Property Purchase Contract for the Dublin Boulevard Widening Project - Dougherty Road to Scarlett Drive Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: RECOMMENDATION: 1) Copy of Real Property Purchase Contract 2) Grant Deed and Temporary Construction Easement 1) Approve Purchase of Real Property lOCated at 6355 SCarlett Court and Authorize the City Manager to sign Real Property Purchase Contract 2) Accept Grant Deed and Temporary Construction Easement for the said property, and 3) Authorize the City Manager to issue a check in the amount of $67,125.00.payable to North American Title Company for deposit into escrow. FINANCIAL STATEMENT: The total value of the required property (fee and temporary construction easement) located at 6355 Scarlett Drive is $89,125. The property owner has requested'the' CBnstrustion of a driveway and gate at the rear of the property estimated at $22,000. Staff has agreed t° include this request in the street Widening project hence the amount is deducted frOm the total value leaving a balance of $67,125 for compensation to the owner. The budget for the purchase of 3 properties needed.for the project, including this propertY, is $1,288,658. Costs of the land acquisition are being paid for through Eastern. Dublin Traffic Impact. Fees. DESCRIPTION: The City seeks to v~,iden Dublin Boulevard on the south side between Dougherty Road and Scarlett Drive. In order to do So, the City needs to acquire, a portion Of a parcel owned by Leslie P. and Rita J. Busick, Eldon E.:Gearing. Trustee and Raymond E Sutton, Trustee, commonly known as 6355Scarlett Court (APN #94 i-0550-015;06). The City ~lso needs tb acquire a 3-foot wide (600 square.feet) temporary construction easement for a Period of 10 months along the Dublin COPIES TO: g:\miscproj\dbw-dougherty scarlettkAgst Real Prop Purchase Contract Approval ITEM NO. Boulevard frontage of the property to facilitate the constructiOn of a retaining wall within the City's right- of-way that will support new sidewalk and improvements on Dublin Boulevard. The property owner has agreed to a total purchase price of $89,125 for the required fee and temporary construction easement. This compensation is based on an appraisal of the property utilizing data from sales of similar properties in the same general area. As requested by the property owner and agreed to by Staff, $22,000 worth of improvements to the property will be incorporated in the street widening project leaving a balance of $67,125 for payment to the owner. Staff recommends Council approval of the purchase of real property located at 6355 Scarlett Drive and to authorize the City Manager to sign purchase contract. It is further recommended that the Council accept the Grant Deed and Temporary Construction Easement for the said property and to authorize the City Manager to issue a check in the amount of $67,125.00 payable to North American Title Company for deposit intq e~cro, w.. -2- . ,2000 LESLIE P. BUStCK & RITA J. BU$tCK '~-",DON E. GEARING & BOBBE G. .2ARING,' TRUSTEES Grantor(s) REAL I'ROPERT¥ PURCHASE CONTRACT CITY OF DUBLIN Dublin Boulevard Widening Project Assessor's ?arcel No. 941-550~15-6 (Per.) Documents in the form of a Grant Deed and a Temporary Construction Easement (expiring December 31, 2000), coveting the property particularly described in the said instruments have been executed and delivered to Erica M. La Fleur, Associate Right-of-Way Agent, County of Alameda, acting on behalf of the City of Dublin. ~ consideration of which, and' 'the other considerations hereinafter-, set forth, it is mutually a~eed as follows: t. (A) The parties have herein set forth the whole of their a~eement. The perfomtance of this a~eement constitutes the entire consideration for said documents and shall relieve the CiD' of Dublin of alt further obligation or claims on this account, or on account of the proposed public improvement ..... (s) Grantee requires said property and easement fights for the improvement of Dublin Boule(.'ard, a ~ - puohe use fcr which the City of Dublin has the authority re exercise the power of eminent domain. Grantor is compelled to sell, and Grantee is compelled to acqmre the rea! property and property rights. Both Grantor and Grantee reco~nize the expense, time, effort, arid r~sk. to both ?a:ties in oetermmm~ the compens at,on' ~o~: ' the property by eminent domain litigation; and the compensauon set forth herein for the property is in compromise and settlement, in lieu of such litigation. 2. The City of Dubtin shall: (A) Pay the nnders/gned Grantor the stun of $67,125.00, for the property or interest conveyed by the above documents when title to said property vests in the City of Dublin, fi'ce .and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded), and taxes, except: Taxes for the tax year in which this escrow'~Ioscs shall be cleared ::nd paid in the manner required by Section 50S¢ of the Revenue and Taxation Code, if unpaid at the close of escrow. b. Covenants, conditions, restrictions and reservatio~s of record, or contained in the above- referenced documents. C. Easements or rights of way over said land for public or quasi-public utility or public street purposes, if a~);. (B) Pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the City of Dublin, the premium charged therefor. (c) Have the authority to deduct and pay from the mount shown in Clause 2(A) above, any amount necessary to satisfy any bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non-delinquent assessments, which have become a lien at the close of escrow. 3. Grantor warrant(s) that there are no oral or written leases on ali or any portion of the property exceedhag a period of one month, and the Grantor further agree(s) to hold the City of Dublin harmless and reimburse the City of Dublin for any and all of its losses and expenses occasioned by reason of any lease of said property held by any tenant of Grantor for a period exceeding one month. 4. The undersigned Grantor hereby a~ees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and aisc waives any and all claims to any money that may now be on deposit in said action. ' ..... 5. Grantor hereby represents and '~varrants that during the period of Grantor's ownership of the property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous wastes on, fi-om, or under the property. Grantor further represems and warrants that Grantor has no ~knowtedge of any disposal, release, or threatened release of h~ardous substances or hazardous wastes, on, from, or under the property that may have occurred prior to Grantor taking title to the property. The acquisition price of the property being acquired in this transaction reflects the fair market Value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste that requires mitigation under Federal or State law, the City of Dublin may elect to recover its cleanup costs from those who caused or contributed to the contamination. 6. The City of Dublin or irs authorized agents, are hereby grm~ted the fight ro enter upon the remaining property of the Grantors in-nnediately ad.~acent to the newly constructed driveway for the sole pm-pose of removing improvements and conforming the remaining property ro the new driveway. Said permission shall remain in effect until ccmpletion of construction of the new street improvements, it is understood and a~eed that after completion of construction of said work, the driveway and sidewalk will be considered as the sole property of the Grantors who will be responsibIe for the maintenance and repair thereafter. Said new driveway is to be constructed as outlined on the attached exhibit "A". 7. It is agreed and confirmed by the parries hereto that notwithstanding other provisions in this contract, the right of possession and use of the subject property by the CiD' of Dublin or its authorized agents, including the ri!bt to remove and dispose of improvements, shall commence on July 1, 2000, or the close of escrow controlling this transaction, whichever occtu-s first, and that the payxnent shown in Clause 2(A) herein includes, but is nor limited to, f[~ll payment for such possession and us:~, including damages, if any from said date. 8. It is t\~Kher understood mid a~eed that the Grantor shall eliminate to the satisfaction of the below named title company the effect of the following title exceptions disclosed on that certain prelimint'~ry title report prepared by North Amer/can Title Company, Order No. 99310246, dated March 2, 1999: A certification of trustee is required statin5 that said trust is in full for~e zmd e[fect and there have been no changes except as set forth, 9. This transaction will be administered tI~'ough an escrow with North ~Mnerican Title Company, 59S0 Stoneridge Drive, Suite l 16, Pleasanton, CA, 94588, (925) 847-9570, Escrow No. 99-310246. REDWOOD CITY, cA April ~ 1,2OOO Job No, OP/N1CJN OF PROBABLE CO~T FOR THE DESIGN & CONSTRUC'i'ION OF THE DRIVEWAY ENTRANCE FROM FUTURE DUBLIN BLVD. TO GEARING FAMILY TRUST PROPERTY DUBLIN, CA A. GRADiNG & PAVT'r~G COHCRETE WORK C. DE~J[.O LfT]O~ WORK STORM DRAIN F. EROSION CONTROL H. M ISCEL,.I._ANECH, JG ELVD, WTD~N1NG C'O'~,,rTRACT ~UFFOT/d. TOTAL 4,900 1,600 100 3.000 ~00 7,300~ S 17,400 s TOTAL,,:[ oool The OCnl~ of Probabb Cast w8~ ~mp ed b~ad upcn ~ m~m¢ ~Rd ~k~ ¢~d~ ~ 8d&fl ~s Foulk by AOS=A!ameds Count/Standsrd ~iJS, COO=Ci~ ¢ ['~blfn S~ betel~. C~OAL~N8 8~a~ Det~fl Eedhwod~ ~(ioR~ ~ not Inclu~ faclo~ f~r sh~nk~ge snd ~¢elting. Gr~nd [=tsJ ~u,~d~ [~ ~ hearst ~ou~a~d dofl~rs. tern 4 Se~icn F. M!~c~[Janecu~ '32' wida, 6' J-{fOb C~n~Jever~ ~dlng C~t~' is manual operated, molo~ed opsnidg K \LL&IN~1988\980048',ESTIUATE~D rwy_om~ta.XL~ P~gr~ 1 al 2 1 Clearing & Grubbing 2 6~rff7 ~nd Cemps~ t~p 6' 3 ~o~ Gra~ng Fill 4 Fill· Come.ion 5 Pawm~m 6 2'x4' R~vo~d Ha~e~, Tm~d 1.~584 . .gF 20 OY 20 OY LF CONCRETE WORK $5' Wide Ooncrabe Drcry.- CIb' D~I 90-3o7 2~ _ 5' AC DIk~. C)ty et [::%~t~n D¢¢~l 8D-~r06 26 STOR~ DRAIN 12' R,O,P,'Stom D~n (T'r~moh & Bemk FI~ __ 40 3'x2' Typs Ill lnbt- CtW of Dubfl.~ D¢I~,~ BD-412 1 I Hydrcmsedln~JEroslon Cant'cci V~atation S2,00 ~U~TOTAL BUBTOTAL LF ~2 SUb-TOTAL 8UEFTOTAL $ I oO.oo SUBTOTAL ~2,0OO,00 S4,0oo.oo S U 5TOTAL 1 5O 6O LF I L8 1 L$ REDWOO~ CITY, CA PH. 680, 482-6300 F~ 6f;~, 482-8~G April 21, 2000 Job No. §BO2BB 175.0.8 ~,_~4oo~_ 187,50 1,BB7.50 - K:\MAiN'q ggB\g 6g. O48\E ~T)~ ATE\D rwy_costs.×ls IN WITNESS xarttEREOF, Grantor(s) have caused these presena to be executeck and the Ci~ of Dublin by and through its City Manager, duty authorized So to act, has crazed these presents to be executed on the day and year first above written. ., ~ .,v-/f. ) ~ £CONDvEENDED FOR AI:'PRO'V'AJ~,: ASsociate R/ght-of-Way Agumt County of.&i,xmeda . On beI'mlf of the City of Dublin · --C55ei', Real EstSte Bi'As/on CounD' of Alameda ?ub,Sc Works Agency /'-) Direc~ar o~%-b"fS_: Works City of Dubtin ~c,~.. es lie P. Busick/ Elaou E Gerund, Trustee Ralzraonct E. Su-hfion APPRO'~.SiD: _P?vO~rED AS TO FORM: CITY OF DL~LEN, s municipal cot-potation By: iii Wi i,.'i 1ii .,5'." /:7 City R_ichar~ C. Ambrose CiE¢ Manager No Obligation Other Than Those Set Forth Herein 'Will Be Re~rognized. RECORDING REQUESTED I~: WHEN RECORDED, MAIL TO: Co unL"y of Alameda Public Works Agency Real Estate I~sion Hayward, CA a454~1395 C~C 505~7 IDocum~nt3~ Tr-~nsfer.Tax $ EX~_M~.,T I I RTg ht of Wa~ Agent GRANT DEED LESLIE P. BUStCK and RITA J. BUSICK. his wife, as joint tenants, as to an una"Mded ¼ interest and ELDON E, GEARING and ~E/C-/,,~~,...,Trustees of the Gearing Family Trust, as to an undMded ¼ interest /~..AT-~O~ E. suT~o~ do hereby GRANT to the CiTY OF DUBLIN, a municipal corporation of the State of Caiifomia, the following described real property: (FOR DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO.) Dated this 1'~'~-'t~ day of J Eldon E, Gearing, Trustee ,2000. ' ,B~,l~q;¢¢"~¢./¢~,~-¢~d ~ fg~, Trustee Raymond E. Su~c~on PROPERTY DESCRIPTION: RIGHT OF WAY DEDICATION ALL that certain real property situate in the City of Dublin, County of Alameda, and State of California, and described as follows: BEING a portion of the lands described in the Grant Deed to Eldon E. Gearing and Bobbe G. Gearing, trustees of the Gearing Family Trust, recorded March 20, 1990 as Instrument Number 90-075836, Alameda County Records, said portion being mgre particular!y described as follo.~s: COMMENCING at the most southwesterly comer of Lot 1 as said lot is shown on that certain map entitled."TRACT 5900", filed February 25, I993 in Book 206 oflvlaps at Pages 84 through 86, inclusive, in the Office of the Recorder of Alameda County; THENCE easterly along the southerly line of said Tract 5900 South 88 °46'25" East 924.98 feet to the northwestern corner of the said Lands of Gearing (90-075836), said corner being also the POINT OF BEGENNtNG; THENCE easterly along the northerly line of said Lands of Gearing (90-075836) and along sziid southerly line of Tract 5900 South 88°46'25TM East 174.28 feet to the line common to said Lands of Gearing (90-075836)and the lands described in the Grant Deed to the Schork Family Partnership, recorded March 20, 1998 as Instrument Number 98-094486, Alameda Couniy Records; THENCE southerly along said common line South 01013'35'' West 31.50 feet; THENCE leaving said common line North 88046'25" West 167.28 feet to the beginning of-a ...... curve to the left having a radius of 945.00 feet; THENCE along said curve having a radius of 945.00 feet through a central angle of 00°25'27", an arc distance of 7.00 feet to the line common · to said Lands of Gearing (90-075836) and the lands described in the Grant Deed to Michael Dotan. recorded April 14, t970, as Reel'2598 at Image 538, Alameda County Records; THENCE teavin< said curve on a non-tangent line along said common line North 01 °13'35" East xi.53 feet to the POINT OF BEGINNING. 'Containing an area of 5,490 square feet. more or tess. A plat show/ng the above described dedication is attached hereto and made a parr hereof' as- Exhibit "B". Paul Kittredge, P.L.~. 5790 License Expires: 06,/30/00 Dated:' ~'q k:"~ur98\980289.10\descr~ions\90075836.doc Exhibit "A" Page 1 oil PAUL FJTT~,'EDGE '~ E×P L. S. 5790/.~_~ STATE OF NEVADA COUNTY OF WASHOE :SS /7' On ,-~ ~,'t,d~ I '~ County and State, personally appeared ,2000, before me, the undersigned, a Notary Public in and for smd known to me to be the person or proved to me to be that __ whose name t ~' subscribed to the within instrument, and acknowledged he ( executed the same. NOTAR~f P--U~ ~ My commission expires: COURTNEY ROHRBOUGH Notary Public - State of Nevada Appoialm e hi' Rr~-'ord~l in W~shoe County No: 984,310-2 - E~pires Ju~, 23, 2002 .TRACT 5900 209 MAPS B4 · ~f GRAPHIC SCALE o 20 ( ~N ~,~T ) 1 inch = 40 feet DUBLIN BOULEVARD (PUBLIC RIGHT OF WAY) (W1DTH VARIES) //~ POINT OF M?ENCEMENT 88'46'25" E 924.98' LANDS OF Do~N REEL 2598 IMAGE 538 FPOINT OF BEGINNING w ~ = ~.oo' L = 7.00' ~NDS OF THE G~RING FA~tLY TRUST 90--075836 110' LANDS OF SCHORK 98-094486 O.R. Engln~mr-s · Survoyot~ - Plonner'~ 2737 North Main Street Suite 200 Walnut Creek, CA 94596 925/94-0-2200 925/940-2299 (FAX) EXHIBIT "B" Subjecl PlAT TO ACCOMPANY PROPERTY DESCR I PT I ON Job No. 980289-10 By MLM Dote 07/24/99 ~hkd.. PAK SHEET 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of ~ t.)/ ss. 0~/4''''''~'- /~ '~d"~'7-'O ,before me,~-/¢ Date .~ personally appeared - Name(s) of Signer(s) [] personally known to me ~L.proved to evidence me on the basis of satisfactory ~*~ Jack E. Chrisdanson ~, § .~f~-%~~ Comm. #].~.9079 ~~m'¢~ NOTARY PUBLIC-CALIFORNIA ~ ~~ FRESNO COUNTY to be the person(,7)/ whose name(/¢~ is/~/e subscribed to the within instrument and acknowlkdged to me that h~she/tb~ executed the same 'n hj-s"/he¢lth~ authorized capacity(ica/J, and that by h~/hertth,¢~ signature(~ on the instrument the person(t~ or the entity upon beha f of which the pers0n.(,s') acted, executed the instrument. ~.-W!Z_NESS my hand and official seal. Place Notary Seat Above // Signature of Nota.~ Pub,~c OPTI~AL/ / Though the information below is not required by taw. it may prove vaJuable to persons relying on the document and could preven~ fraudulent removal and reattachment of this form to another document. Description of Attached Doc~nent '-~"~_~~ · or ype of Document: Document Date: Number of Pages: Signer(s) ether'Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ~ ~ Individual Top of inured here ~ Corporate Officer-- Title(s): · '~ Partner-- Fi Limited [] General ~ Attorney in Fact ~ [] Trustee  ~ Guardian or Conservator © Other: I S igner Is Representing: 1997 National Notary Association · 9350 De Sore Ave.. P.O. Box 2402 · Chatsworlh, CA 91313-2402 Prod. No. 5907 Reoreer. Call Toll-Free 1-800-878-6827 S'I~TE OF NEVADA ) ) SS. COUNTY OF CLARK ) On June ~~, 2000, before me, 2he ~dersigned, a Notary Public in and for s~id Co~%y and S%a%e, personally appeared ~DON E. G~RING ~n to me to be the person whose name is subscribed within instr~ent, and ac~owledged or proved to me %o be that he executed the same. Myappt exp Aug 21 2~ STATE OF NEVADA ) ) COUNTY OF CLARK ) SS. On June ~"~ , 2000, before me, the undersigned, a Notary Public in and for said County and State, personally appeared RAYMOND. E. 'SUTTON. known to me to be the person whose name is subscribed to the within instrument, and acknowledged or proved to me to be that he ~-~xecuted the same. ~- --% , ~. ~ [ ( N ) ~ Notary PQbllc ( // ~ppril I3, ~71 RECORDING REQUESTED BY:' GRANTEE g~:EN RECORDED MAIL TO: Couaty at' Alameda; Public,Works AgenCY Real E~mte I~'ist~a 399 Ehntmrgt Street, Room #233 QIc 5oso7 TEMPORARY CONSTRUCTION EASEMENT LESLlt5 P. BUSICK and RITA J. BUSICK, 'his wife, as joint tenants, as to an undivided ½ interest marl tP~YMOND E. SU~N ELDON E. GEARING and ~.ff_rr~:T ~rSr~e~ of the Gear/rig Fatuity Trust, as to an undivided ½ inter, esi hcreinar~m- called GtL&NTORS and the CITY OF DUBLIN, a municipal corporation of the Sm. kc of Califomia, hereinafter called CITY; WITN~E$SETH: The GRAz. N~ORS, m consideration of t. he benefits resulting to Gt~NTOP..S, mhd other ~l~hle comid~adon, 1h~ r~eip~ o~ which is h~eby aC~owled~d, do hereby G~ and CONVEY m:o ~', its succ~sm and assi~, a' ~m~r~ ~sem~l ~ ~e0mplish ~e c~cfim efta CiEz Sw~ ~d ~cidm~s ~mO, o~, ~o~h and ~g ~ follo~g d~d t~ds: ~O~ DESC~ON, SEE E~IB [T "A" A~A~D ~0.) Said easement shall 'oe far thc per/od of construction and'aha. It terminate upon cmnptctsvn of such ¢.onsmu~;icrn, or in a_nv event nat later than December 3I, tN '~k~ESS WHEREOF. GtL4NTOR has dtdtv ex~u'mxt this docur~mt. Pdta Y. ~ Raymond E. Sutton STATE OF NEVADA ) ) COUNTY OF WASHOE ) :SS County and State, personally appeared ,2000, before me, the undersigned, a Notary Public in and for said -L_~-~-~,~ · -7:~. ~,.,St ~-,'~---. -- known to me to be the person or proved to me to be that whose name ! '~ subscribed to the within instrument, and acknowledged he executed the same. / NOTARY PUBLIC h My comm/ssion expires: %7. ~.~, ,~' Z----- COURTNEY ROHRBOUGH Notary Public - Slate of Nevada No: ~431~2- E~ir~ Ju~ ~, ~ EASEMENT DESCRIPTION: 3' WIDE TEMPORARY CONSTRUCTION EASEMENT (ACROSS THE LA2N-I)S OF GEARING) ALL that certain real property situate in the City of Dublin, County of Alameda, and State of California, and described as follows: BEING a portion of the lands described in the Grant Deed to Eldon E. Gearin_o and Bobbe G. Gearing, trustees of the Gearing Family Trust. recorded March 20, t990. as Instrument Number 90-075836, Alameda County Records, said portion being more particularly described as follows: COMMENCING at the most southwesterly comer of Lot I as said lot is shown on that certain map entitled "TRACT 5900", filed February 25. I993, in Book 206 of Ma~s at Pao_es 84 through 86, inclusive, in the Office of the Recorder of Alameda Count,,': THENCE easterly along the southerly line of said Tract 5900 South 88046'25'' East 924.98 feet to the northwesterly corner of said Lands of Gearing (90-075836 O.R.); THENCE southerly along the line common to said Lands of Gearing (90-075835 O.R.) and the lands described in the Grant Deed to Michael Dolan. recorded April 14. 1970. as Reel 2598 at Image_ 538. Alameda County Records. South 01 °t''~';''· .~. West ',1.53 feet to the POINT OF BEGEN~ING; THENCE southerly along said common line South 0I ° t3'.35" West 3.00 feet to a point on the arc of a non-tangent curve, concave southerly, having a radius of 942.00 feet. from which the radial center bears North 00048'0_3'' East: THENCE eastertv along said curve having a radius of 942.00 feet tlm-ou2h a central an_ole of 00025'52''. an arc distance ofT.00 feet; THENCE ~long a tangent line Sou, th 88046'25.' East 1(57.28 Seer to the line common to said Lands of Gearing (90-075536 O.R.) and the lands described in the Gram Deed to the Schork Familv Partnership, recorded March 20. 1998. as Instrument Number 98-094486. Alameda County Records; THENCE norrherlv along said common line North O1 ~1'~";'~" East 3.00 feet ro a point that bears South 01013'35.' 'C/esr 31.50 feet from the northeasterlv comer of said Lands of Gearing (90-075836 O.R.); Exhibit "A" Pa2e 1 of 2 3' Temporary Construction Easement (Across the Lands of Gearing) THENCE leaving said common line North 88 °46'25" West 167.28 feet to the beginning of a curve to the left having a radius of 945.00 feet; THENCE along said curve having a radius of 945.00 feet through 00 °25'27", an arc distance of 7.00 feet to the POINT OF BEGINNING. Containing an area of 523 square feet, more or less. a central an_Me of A plat .showing the above described easement 'is attached hereto and made a part hereof as Ex.hibit '~B". Paul Ki2redge, P.L.S. License Expires: 06/30/00 Dated: /-.~ec--. ~., /5>a)~ k:ksur98\980.289.10'xdescription s\tce-gcaring.doc E,xhibit Page GRAPHIC SCALE -'T,EACT 5900 209 NLAP$ 84' 0 20 40 80 (.IN FEET ) inch = ,tO feet DUBLIN BOULEVARD (PUBLIC RIGHT OF WAY) (WSDTH VARIES) /~ POINT OF MMENCEMENT '--- POINT OF S 88'46'25" E / 924.98' ~.., , / BEOINNINO A = 00'25'27" R = 945.00' Z LANDS OF DOLAN REEL 2598 I~&A GE 538 110' jRIGHT OF WAY ACQUISITION 5,4-90 S.F.J: N 88'46'25" W 167.28' ~ '1~'--'~" V'~-"' S 88'46'25" E I57.28' j k--- 3'°°' 3' LA = 00'25'32" WIDE TEMPORARY R 942.00' CONSTRUCTION EASEMENT L = 7.00' 523 S.F._ Ld 0 Z I_ANDS OF ....lnc GEARING FAMILY TR'UST 90'-075836 O.R. _ANDS OF SC]-tORK 98-094--4,86 O.FF,. Engin,~=r~ £ urw, yor".~ - Plonner~ 2737 North MoFn S[reet. Suite 200 Walnut. Creek. CA 94596 925/940-2200' 925/940-2299 (FAX) EXHIBIT "B" Subject PLAT TO ACCOMPANY EASEMENT DESCRIPTION Job No. 980289-10-02 By MLM. Date 12/01/99 Chkd. PAK SHEET 1 OF 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 7~'~0 Date personally appeared SS. before me ~--~' · t Name arid ~tle of Officer (e,~, 'Jane Doe, NorSe/Public") Name{s) of Sig~er{s) El.personally known to me .~. proved to me on the basis of satisfactory evidence Jack E. Christianson~ Comm. #1190795 NOTARY PUBLIC- CALIFORNIA. FRESNO COUNTY to be the person(~ whose name(~ is/ye subscribed to the within instrument and acknowledged to me that'l'~e/she/tl~ey executed the --same in h~/her/t~eir authorized capacity(i.e_e~, and that by I}~/her/th,~'ir signature(~ on the instrument the persong¢), or the entity upon behalf of which the person~). acted, executed the instrument. Piece Notary Seal Above / / Signature of Notary Public OPTIONAL Though the information below is not required by/aw, it may prove valuable to persons relying on the document and could ¢revent fraudulent removal and reattachmen[ of this form to another document. Description of Attached Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(iRs) Claimed by Signer Signer's Name: L~ Individual [] Corporate Officer-- Title(s): [] Partner ~ Limited [] General ~ Attorney in Fact [] Trus[ee [] Guardian or Conservator ~ Other: Top of thumb here Signer Is Representing: .~ 997 Nabonal Notary Assoc;a[Ion * 9350 De Sore Ave., P.O. Box 24.02 * Chatsworth, CA 91313-2402 Prod. No. 5907 :leorder: Call Toll-Free 1-800-876-6827 STATE OF NEVADA ) COUNTY OF CLARK ) On June ~~2000, before me, the undersigned, a Notary Public in and for sa~d County and State,.persona!ly appeared ELDON E. GEARING known to me to be the person whose name is subscribed to the within instrument, and acknowledged or proved to me to be that he Notary Public executed the same. STATE OF NEVADA ) ) COUNTY OF CLARK ) SS. On June ~ , 2000, before me, the undersig.ned, a Notary Public in and for said County and State, personally appeared RAYMOND. E. SUTTON known to me to be %he person whose name is subscribed to the within instrument, and acknowtedqed or proved to me to be that he ~~.,~ ..... ~ecuted the same. ,; ~,, "~,~..~ ~.~.~ ~o%ary ~uozzc %3 ~ MyAppo/ntment ~pircs Aori' 1