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HomeMy WebLinkAboutReso 20-11 Final Map 7982RESOLUTION NO. 20 -11 A RESOLUTION OF THE CITY COUNCIL OF THE C1TY OF DUBLIN ********* APPROVING TRACT 7982 FINAL MAP WHEREAS, Tract 7982 final map, 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 Owner, SR Structured Lot Options I LLC, a Delaware limited liability company, has executed a Covenant and Deed Restriction applicable to the Parcels created by the Tract 7982 final map. The said Covenant and Deed Restriction requires that certain subdivision improvements be completed prior to the further subdivision of each Parcel in accordance with the Conditions of Approval for the Tentative Map and approved plans for Tract 7982; and WHEREAS, the Developer has filed with the City of Dublin said Covenant and Deed Restriction, which will be recorded concurrently with the Tract 7982 final map. The Covenant and Deed Restriction 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 Covenant and Deed Restriction, attached as Exhibit A are hereby accepted as security for the improvements required by the Conditions of Approval for the Tentative Map. BE IT FURTHER RESOLVED that Tract 7982 final map is hereby approved, and that rights to the areas marked as Capoterra Way, Giovanni Way, Lee Thompson Street, and Palermo Way, Public Service Easement (PSE), Storm Drain Easement (SDE) and Public Pedestrian Access Easement (PPAE) 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 Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 1st day of March, 2011, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Swalwell, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None / ~ I~ , ~ ~(/-^"' ~~U~.,~i Mayor ATTEST• y ///~ 6 / ' City Clerk Reso No. 20-11, Adopted 3-1-11, Item 4.2 Page 1 of 1 ~ _ ~ . g DO NOT PLACE RECORDTNG DATA ABOVE THIS LINE. RECORDING REQ~~STED BY AND WHEN RECORDED RET~RN TO:~ (SPACE ABOVE THIS L1NE FOR RECORDER'S USE) CO VENANT AND DEED RESTRICTION This Covenant and Deed Restriction is made and execut.ed on this day of , 2011, by SR Structured Lot Options I, a Delaware limited liability company ("Owner"). The undersigned hereby certifies that it is the owner of fee title to the real property delineated as Parcels 2, 3.and 4 of Tract 7651 as filed in Book 303 of Maps at Pages 77-81, Alameda County Records, City of Dublin ("City"), County of Alameda, State of California. Tract Map 7982, recorded in the Official Records of Alameda~County on ,. as Document No. ~ , (the "Tract Map") caused the Property to be subdivided into ten parcels, designated as Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, as indicated on the Tract Map (each a"Parcel" and collectively the "Parcels"), and offered certain portions of the Property to the City for public streets and for other purposes, all as provided in the Tract Map. The covenants and deed restrictions contained herein are necesSary to secure completion of certain improvements required as conditions of the City of Dublin's approval of Tract Map 7982. ~ For valuable consideration, in compliance with the conditions of approval for the Tract Map required by the City of Dublin ("the City"), the Owner hereby covenants, acknowledges and agrees that the Property is subject to the following conditions to be imposed by the City: 1. Prior to the subdivision of.any of the Parcels an agreement shall be executed by the Owner and the City in which the Owner irrevocably offers to dedicate Parcel 8 to the City for a' Neighborhood Park and in which the parties agree upon the standards and timing for rough grading the park, construcfing frontage improvements and the City acceptance of the dedication. 2. Prior to subdivision of any of the Parcels the Owner shall enter into an"Agreement for Long Term Encroachments" with the City for maintaining the landscape features within Public Right of Way including frontage & median landscaping, decorative pavements and special features and the pedestrian bridge. The Agreement shall include the landscaping in both frontages of Lockhart Street (except for the school frontage) and the frontage landscaping along Gleason Drive, Grafton Street and Central Parkway. The Ab eement shall identify the ownership of the special features and maintenance responsibilities. The Homeowners Association will be responsibie for maintaining the surface of all decorative pavements in the public streets including restoration required as the result of utility repairs. Prior to the City.'s acceptance of the subdivision improvements of any of the Parcels a Homeowners Associafion shall be fornied by recordation of a declaration of Covenants; Conditions, and Restrictions to govern use and maintenance of the landscape features within the public right of way contained in the Agreement for Long Terna Encroachments and the ~ Streambed Corridor. The landscaping in the medians in Lockhart Street, Central Parkway and =__ . EXHI~IT ~~ .~ To the Resolution ~ ~ i~ . .. ~ Gleason Dnves are to be maintamed by the City of Dublin and not by the Homeowners Association. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall also contain a provision that prohibits the amendment of the provisions of the CC&Rs requested by City without the City's approval. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, the lanclscaping & inigation, decorative pavements, medians, fences, walls, drainage, lighting, signs and other related improvements. The Owner shall submit a copy of the CC&R document to the City for review and approval relative to this condition prior to the subdivision of any Parcel. Owner shall ensure that any purchaser of any of the Parcels is obligated to cooperate in the creation of,such association and to make the subject Parcels subject to the•CC&Rs. 4. Subdivision of any of the Parcels will require completing alI remaining improvements required by the Tract Improvement Agreement for Tract 7651 adopted by City Council Resolution 132-08 on 3uly 15, 2008, as shown on the plans titled "Improvement Plans; Tract 7651- Sorrento East; Palermo Way and Off-Site Storm Drainage Improvements "; prepared by MacKay & Somps, Sheets 1-11 (I 1 Sheets), approved by the City on June 30, 2008; ."Tract 7651 Sorrento East (Landscape Improvements for Palermo Way at Lockhart Street) ", prepared by R3 Studios, Sheets L0.1-L3.4 (17 Sheets), approved by the City on December 10, 2008, "Joint Trench Composite, ~Tract 7651, Palermo Way", prepared by RGA, Sheets JT-1-JT-3 (3 Sheets), approved by the City on October 31, 2008, and "Electrolier Site Title, Tract 7651, Palermo Way", prepared by RGA, Sheets SL-1-SL-2 (2 Sheets), approved by the City on October 31, 2008, with work including Palermo Street asphalt paving and all landscape plantings and irrigation within the public right of way and landscape easements in the entrance median, along the south side of Palermo and along the west side of Lockhart Also, the 12-foot wide concrete pathway along the southern frontage of Gleason Drive between Fallon Road and Lockhart Street will be required to be constructed. 5. Subdivision of either Parcel 1, Parcel 2 or Parcel 3 will require constructing street improvements for Palermo Way between Grafton Street and the existing improvements constructed with Tract 7651. The improvements to include the six-foot wide permanent sidewalk along the park . frontage. The remaining sidewalks along the Palermo Way frontages will be included with the improvements for the adjacent tracts. 6. Subdivision of Parcel 3 will require constructing street improvements for Lee Thompson Street between Palermo Way and the northern parcel line of Parcel 7. The improvements to include the six-foot wide permanent sidewalk along the park frontage on the portion of Lee Thompson Street being constructed. The remaining sidewalks along the Lee Thompson Street frontages will be included with the improvements for the adjacent tracts. ~ Subdivision of Parcel 9 will reguire constructing street improvements for Lee Thompson Street between Palernio Way and Capoterra Way. The improvennents to include the six-foot wide permanent sidewalk along the park frontage on the portion of Lee Thompson Street being ~ , constructed. The remaining sidewalks and landscaping along the Lee Thompson Street frontages will be included with the improvements for the adjacent tracts. 8. Subdivision of either Parcel 5 or 6 will require constructing street improvements for Lee Thompson Street between Capoterra Way and Central Parkway. The improvements to include modifying the traffic signal at the intersection of Keegan Street and Central Parkway as needed to accommodate the addition of Lee Thompson Street, and the median landscape, decorative . lo . ~~ _ ~ pavements and structures within the public right of way at the Lee Thompson Street entrance. The remaining sidewalks and landscaping along the Lee Thompson Street frontages will be included with the improvements for the adjacent tracts. ~ 9. Subdivision of Parcel4 will require constructing street improvements for Lee Thompson Street~ between Giovanni Way and Central Parkway. The improvements will include modifying the traffic signal at the intersection of Keegan Street and Central Parkway as needed to accommodate the addition of Lee Thompson Street, and the median landscape, decorative pavements and structures within the public right of way at the Lee Thompson Street entrance. The remaining sidewalks and landscaping along the Lee Thompson Street frontages will be inc'luded with the improvements for the adj acent tracts. 10. Subdivision of either Parcel 6 or 9 will require constructing street improvements for Capoterra Way. The sidewalks and landscaping along both frontages of Capoterra Way will be included with the improvements for the adjacent tracts. 11. Subdivision of either Parcel4 or 6 will require constructing street improvements for Giovanni Way. The sidewalks and landscaping along both frontages of Giovanni Way will be included with the.improvements for the adjacent tracts. 12. Subdivision of the latter of either Parcel 3 or 9 will require constructing the pathway and related landscape improvements on-Parcel 10 and 7 for the pedestrian bridge eastern approach. 13. Subdivision of either Parcel3 or 9 will require constructing the walkway on the east side of Grafton Street between Palermo Way and Capoterra Way along with the street trees in the planter strip. The remainder of the landscaping will be included with the improvements for the adjacent tracts. 14. Subdivision of Parcel 6 will require constructing the walkway on the east side of Grafton Street between Capoterra Way and Central Parkway along with the street trees in the planter strip. The remainder of the landscaping will be included with the improvements for the adjacent tracts. 15. Subdivision of Parcel 4 will require constructing the walkway on the east side of Grafton Street between Giovanni Way and. Central Parkway along with the street trees in the planter strip. The remainder of the landscaping will be included with the improvements for the adjacent tracts. 16. Subdivision of Parcel2 will require landscaping the Lockhart Street median between Gleason Drive and Palmero Way. 17. Subdivision of Parcel 5 will require removing the left turn pocket and completing the median across the former Capotena Way intersection including the frontage~curb & gutter. 18. Subdivision of Parcel 5 will require landscaping the Lockhart Street median between Palermo Way and Central Parkway. 19. Subdivision of Parcel 2 will require the 12-foot wide concrete pathway along the eastern frontage of Lockhart Street between Gleason Drive and the Park entrance, and the frontage landscaping along the southern frontage of Gleason Drive between Fa11on Road and Lockhart Street and along the eastern frontage of Lockhart Street between Gleason Drive and the Park entrance. ~~~~~ 20. Subdivision of Parcel 5 will require constructing the 12-foot wide concrete pathway and the frontage landscaping along the eastern frontage of Lockhart Street between the Park entrance and Central Parkway. Street improvements,'as required under the deed restrictions, shall include grading, pavement, curb and gutter, storm drain, water, sewer, joint trench, streetlights, and any appurtenant facilities deemed necessary by the City Engineer all in accordance.with the Improvement Plans for Tract 7982, Sorrento East prepared by MacKay & Somps and approved by the City Engineer, and the Improvement Plans for the Recreation Center & Pedestrian Conidor (Parcels 7 and 10 of Tract 7982) prepared by MacKay & Somps dated January 201 l. The Landscaping Improvements, as required under the deed restrictions, shall include irrigation improvements all in accordance with the Tract 7982, Sorrento East Backbone Streets Landscape Plans prepared by R3 Studios (dated February 2011, with the Inigation Sheets to be added) and the Recreation Center & Pedestrian Comdor (Parcels 7 and 10 of Tract 7982) Landscape Plans prepared by R3 Studios dated January 2011. The purpose of this Deed Restriction is to provide notice and disclosure to subsequent purchasers or transferees of limitations associated with the Prope'rty. This covenant shall run with the land and shall be binding upon ourselves, our tenants and any future owners and tenants, their successors, heirs or assigns and shall continue in effect unless otherwise , released by the authority of the City in writing, which may be done in whole or in part as to one or more Parcels. ~ Owner agrees that, notwithstanding anything to the contrary in Government Code section 66458 and in any City ordinances or policies, the City may withhold approval of final maps and other city approvals if the improvements specified above have not been completed or secured at the time specified above: With the subdivision of any of the Parcels the City and the Owner shall enter into a Tract Improvements Agreement for that Pazcel that provides for the completion of the improvements specified for that particular Parcel along with any other improvements that may required by the tentative map for the Parcel. Not withstanding the first sentence of this paragraph, upon the effectiveness of the Tract Improvement Agreement and accompanying security, the City shall release such,Parcel from the encumbrance of this Covenant and Deed Restriction by recording a document evidencirig such release. By: SR Structured Lot Options I, a Delaware limited liability company: By: Stark.Offshore Management, LLC a Wisconsin limited liability company its Manager By: Name: Its: G:~DEVELOPMENT, PRIVATE1Dublin Ranch\Sorrento-East\Tract 7982-Backbone\Covenant and Deed Restrictions 2-7-I1 doc 1590395.1 D~ NOT PLACE RECORDING DATA ABOVE THIS LINE ~ RECORDING REQi3~STED BY AND WHEN RECORDED RETfiTRN TO: (SPACE ABOVE THIS LINE FOR RECORDER'S USE) COVENANT AND DEED RESTRICTION This Covenant and Deed Restriction is made and executed on this day of , 2011, by SR Structured Lot Options I, a Delaware limited liability company ("Owner"). The undersigned hereby certifies that it is the owner of fee title to the real property delineated as Parcels 2, 3.and 4 of Tract 7651 as filed in Book 303 of Maps at Pages 77-81, Alameda County Records, City of Dublin ("City"), County of Alameda, State of California. Tract Map 7982, recorded in the Official Records of Alameda County on ; as Do,cument No. ~ ~ (the "Tract Map") caused the Property to be subdivided into ten parcels, designated as Parcels l, 2, 3, 4, 5, 6, 7, 8, 9 and 10, as indicated on the Tract Map (each a"Parcel" and collectively the "Parcels"), and offered certain portions of the Property to the City for public streets and for other purposes, all as provided in the Tract Map. The covenants and deed restrictions contained herein are necessary to secure completion of certain improvements required as conditions of the ~City of Dublin's approval of Tract Map 7982. For valuable consideration, in compliance with the conditions of approval for the Tract Map required by the City of Dublin ("the City"), the Owner hereby covenants, acknowledges and agrees that the Property is subject to the following conditions to be imposed by the City: 1. 1'rior to the subdivision of.any of the Parcels an agreement shall be executed by the Owner and the City in which the Owner irrevocably offers to dedicate Parcel 8 to the City for a ~ Neighborhood Park and in which the parties agree upon the standards and timing for rough grading the park, constructing frontage improvements and the City acceptance of the dedication. 2. Prior to subdivision.of any of the Parcels the Owner shall enter into an"Agreement for Long Term Encroachments" with the City for maintaining the landscape features within Public Right of Way including frontage & median landscaping, decorative pavements and special features and the pedestrian bridge. The Agreement shal] include the landscaping in both frontages of Lockhart Street (except for the school frontage) and the frontage landscaping along Gleason Drive, Grafton Street and Central Parkway. The Agreement shall identify the ownership of the special features and maintenance responsibilities. The Homeowners Association will be responsible for maintaining the surface of all decorative pavements in the public streets including restoration required as the result of utility repair"s. Prior to the City's acceptance of the subdivision improvements of any of the Parcels a Homeowners Association shall be formed by recordation of a declaration of Coveriants, Conditions, and Restrictions to govern use and maintenance of the landscape features within the public right.of way contained in the Agreement for Long Term Encroachriments and the ~ ~ Streambed Conidor. The landscaping in the medians in Lockhart Street, Ceritral Parkway and :__ - EXHIBIT ~~ ~ To'the Resolution ~ ~~ . ~ Gleason Drives are to be maintained by the City of Dublin and not by the Homeowners Association. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall also contain a provision that prohibits the amendment of the provisions of the CC&Rs requested by City without the City's approval. The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, the lanclscaping & irrigation, decorative pavements, medians, fences, walls, drainage, lighting, signs and other related improvements. The Owner shall submit a copy of the CC&R document to the City for review and approval relative to this condition prior to the subdivision of any Parcel. Owner shall ensure that any purchaser of any of the Parcels is obligated to cooperate in the creation of such association and to make the subject Parcels subject to the CC&Rs. 4. Subdivision of any of the Parcels will require completing all remaining improvements required by the Tract Improvement Agreement for Tract 7651 adopted by City Council Resolution 132-08 on 3uly 15, 2008, as shown on the plans titled "Improverrient Plans; Tract 7651- Sorrento East; Palermo Way and Off-Site Storm Drainage Improvements "; prepared by MacKay & Somps, Sheets 1-11 (11 Sheets), approved by the City on June 30, 2008; "Tract 7651 Sorrento East (Landscape Improvements for Palermo Way at Lockhart Street) ", prepa~red by R3 Studios, Sheets L0.1-L3.4 (17 Sheets), approved by the City on December 10, 2008, "Joint Trench Composite, Tract 7651, Palermo Way", prepared by RGA, Sheets JT-1-JT-3 (3 Sheets), approved by the City on October 31, 2008, and "Electrolier Site Title, Tract 7651, Palermo Way", prepared by RGA, Sheets SL-1-SL-2 (2 Sheets), approved by the City on October 31, 2008, with work including Falermo Street asphalt paving and all landscape plantings and irrigation within the public right of way and landscape easements in the entrance median, along the south side of Palermo and along the west side of Lockhart Also, the 12-foot wide concrete pathway along the southern frontage of Gleason Drive between Fallon Road and Lockhart Street will be required to be constructed. 5. Subdivision of either Parcel l, Parcel 2 or Parcel 3 will require constructing street improvements for Palermo Way between Grafton Street and the existing improvements constructed with Tract 7651. The improvements to include the six-foot wide perrnanent sidewalk along the park frontage. The remaining sidewalks along the Palermo Way frontages will be included with the improvements for the adjacent tracts. ~ 6. Subdivision of Parcel3 will require constructing street improvements for Lee Thompson Street between Palermo Way and the northern parcel line of Parcel 7. The improvements to include the six-foot wide permanent sidewalk along the park frontage on the portion of Lee Thompson Street being constructed. The remaining sidewalks along the Lee Thompson Street frontages will be included with the improvements for the adjacent tracts. ~ ~ ~ 7. Subdivision of Parcel 9 will require constructing street improvements for Lee Thompson Street between Palermo Way and Capoterra Way. The improvements to include the six-foot wide permanerit sidewalk along the park frontage on the portion of Lee Thompson Street being , constructed. The remaining sidewalks and landscaping along the Lee Thompson Street frontages will be iricluded with.the improvements for the adjacent tracts. 8. Subdivision of either Parcel 5 or 6 will require constructing street improvements for Lee Thompsori Street between Capoterra Way and Central Parkway. The improvements to include modifying the traffic signal at the intersection of Keegan Street and Central Parkway as needed to accommodate the addition of Lee Thompson Street, and the median landscape, decorative . lo .~~ ~ pavements and structures within the public right of way at the Lee Thompson Street entrance. The remaining. sidewalks and landscaping along the Lee Thompson Street frontages will be included with the improvements for the adjacent tracts. . 9. Subdivision of Parcel4 will require constructing street improvements for Lee Thompson Street between Giovanni Way and Central Parkway. The improvements will include mbdifying the traffic signal at the intersection of Keegan Street and Central Parkway as needed to accommodate the addition of Lee Thompson Street, and the median landscape, decorative pavements and structures within the public right of way at the Lee Thompson Street entranae. The remaining sidewalks and landscaping along the Lee Thompson Street frontages will be included with the improvements for the adj acent tracts. 10. Subdivision of either Parcel 6 or 9 will require constructing street improvements for Capoterra Way. The sidewalks and landscaping along both frontages of Capoterra Way will be included with the improvements for the adjacent tracts. 11. Subdivision of either Parcel4 or 6 will require constructing street improvements for Giovanni Way. The sidewalks and landscaping along both frontages of Giovanni Way will be included with the improvements for the adjacent tracts. ~. 12. Subdivision of the latter of either Parcel 3 or 9 will require constructing the pathway and related landscape improvements on Parcel 10 and 7 for the pedestrian bridge eastern approach. 13. Subdivision of either Parcel3 or 9 will require constructing the walkway on the east side of Grafton Street between Palermo Way and Capoterra Way along with the street trees in the planter strip. The remainder of the landscaping will be included with the improvements for the adjacent tracts. 14. Subdivision of Parcel6 will require constructing the walkway on the east side of Grafton Street between Capotena Way and Central Parkway along with the street trees in the planter strip. The remainder of the landscaping will be included with the improvements for the adjacent tracts. 15. Subdivision of Parcel 4 will require constructing the walkway on the east side of Grafton Street between Giovanni Way and Central Parkway along with the street trees in the planter strip. The remainder of the landscaping will be included with the improvements for the adjacent tracts. 16. Subdivision of Parcel2 will require landscaping the Lockhart Street median between Gleason Drive and Palmero Way. 17. Subdivision of Parcel 5 will require removing the left turn pocket and completing the median across the former Capoterra Way intersection including the frontage curb & gutter. 18. Subdivision of Parcel5 will require landscaping the Lockhart Street median between Palermo Way and Central Parkway. 19. Subdivision of Parcel 2 will require the 12-foot wide concrete pathway along the eastem frontage of Lockhart Street between Gleason Drive and the Park entrance, and the frontage landscaping along the southern frontage of Gleason Drive between Fallon Road and Lockhart Street and along the eastern frontage of Lockhart Street between Gleason Drive and the Park entrance. . ~~~,~ 20. Subdivision of Parcel 5 will require constructing the 12-foot wide concrete pathway. and the frontage landscaping along the eastern frontage of Lockhart Street between the Park entrance and Central Parkway. Street improvements, as required under the deed restrictions, shall include grading, pavement, curb and gutter, storm drain; water, sewer, joint trench, streetlights, and any appurtenant facilities deemed necessary by the City Engineer all in accordance.with.the Improvement Plans for Tract 7982, Sorrento East prepared by MacKay & Somps and approved by the City Engineer, and the Improvement Plans for the Recreation Center & Pedestrian Conidor (Parcels 7 and 10 of Tract 7982) prepared by MacKay & Somps dated January 2011. The Landscaping Improvements, as required under the deed restrictions, shall include irrigation improvements all in accordance with the Tract 7982, Sorrento East Backbone Streets Landscape Plans prepared by R3 Studios (dated February 2011, with the Irrigation Sheets to be added) and the Recreation Center & Pedestrian Corridor (Parcels 7 and 10 of Tract 7982) Landscape Plans prepared by R3 Studios dated January 2011. The purpose of this Deed Restriction is to provide notice and disclosure to subsequent purchasers or transferees of limitations associated with the Property. This covenant shall run with the land and shall be binding upon ourselves, our tenants and any future owners and tenants, their successors, heirs or assigns and shall continue in effect unless otherwise . released by the authority of the City in writing, which may be done in whole or in part as to one or more Parcels. ~ Owner agrees that, notwithstanding anything to the contrary in Government Code section 66458 and in any City ordinances or policies, the City may withhold approval of finai maps and other city approvals if the improvements specified above have not been completed or secured at the time specified above. With the subdivision of any of the Parcels the City and the Owner shall enter into a Tract Improvements Agreement for that Parcel that provides for the completion of the improvements specified for that particular Parcel along with any other improvements that may required by the tentative map for the Parcel. Not withstanding the first sentence of this paragraph, upon the effectiveness of the Tract Improvement Agreement and accompanying security, the City shall release sueh Parcel from the encumbrance of this Covenant and Deed Restriction by recording a document evidencing such release. By: SR Structured Lot Options I, a Delaware limited liability company: By: Stark Offshore 1Vlanagement, LLC a. Wisconsin limited liability company its Manager By: Name: Its: G'\DEVELOPMENT, PRNA7'E~Dublin Ranch\Sorrento-East\Tract 7982-BackbonelCovenant and Deed Restrictions 2-7-1 l.doc 1590395.1 ~ DO NOT PLACE RECORDING DATA ABOVE THIS LI1~E ~ RECORDING REQ~3~STED BY AND WHEN RECORDED RET~RN TO: (SPACE ABOVE THIS L1NE FOR RECORDER'S USE) COVENANT AND DEED RESTRICTION This Covenant and Deed Restriction is made and executed on this day of , 201 l, by SR Structured Lot Options I, a Delaware limited liability company ("Owner"). The undersigned hereby certi,fies that it is the owner of fee title to the real property delineated as Parcels 2, 3.and 4 of Tract 7651 as filed in Book 303 of Maps at Pages 77-81, Alameda County Records, City of Dublin ("City"), County of Alameda, State of California. Tract Map 7982, recorded in the Official Records of Alameda County on ,, as Document No. ~ (the "Tract Map") caused the Property to be subdivided into ten parcels, designated as Parcels 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, as indicated on the Tract Map (each a"Parcel" and collectively the "Parcels"), and offered certain portions of the Property to the City for public streets and for other purposes, all as provided in the Tract Map. The covenants and deed restrictions contained herein are necessary to secure completion of certain' improvements required as conditions of the City of Dublin's approval of Tract Map 7982. For valuable consideration, in compliance with the conditions of approval for the Tract Map required by the City of Dublin ("the City"), the Owner hereby covenants, acknowledges and agrees that the Property is subject to the following conditions to be imposed by the City: 1. Prior to the subdivision of.any of the Parcels an agreement shall be executed by the Owner and the City in which the Owner irrevocably offers to dedicate Parcel 8 to the City for a Neighborhood Park and in which the parties agree upon the standards and timing for rough grading the park, constructing frontage improvements and the City acceptance of the dedication. 2. Prior to ~subdivision of any of the Parcels the Owner shall enter into an"Agreement for Long Term Encroachments" with the City for maintaining the landscape features within Public Right of Way including frontage & median landscaping, decorative pavements and special features and the pedestrian bridge. T'he Agreement shall include the landscaping in both frontages of Lockhart Street (except for the_ school frontage) and the frontage landscaping along Gleason Drive, Grafton Street and Central Parkway. The Agreement sha11 identify the ownership of the special features and maintenance responsibilities. The Homeowners Association will be responsible for maintaining the surface of all decorative pavements in.the public streets including restoration required as the result of utility repairs. Prior to the City's acceptance of the subdivision improvements of any of the Parcels a Homeowners Associafion shall be formed by recordation of a declaration of Covenants, Conditions, and Restrictions to govern use and maintenance of the landscape features within the public right of way contained in the Agreement for Long Term Encroachments and the ~ ~ Streambed Corridor. The landscaping in the medians in Lockhart Street, Central Parkway and :,_ . EXHIBIT' ~~ ~ To the Resolution y ~ ~ ~1 .. ~ Gleason Drives are to be maintained by the City of Dublin and not by the Homeowners Association. Said declaration shall set forth the Association name, bylaws, rules and regulations. The CC&Rs shall also contain a provision that prohibits the amendment of the provisions of the CC&Rs requested by City without the City's approval. .The CC&Rs shall ensure that there is adequate provision for the maintenance, in good repair and on a regular basis, the lanciscaping & irrigation, decorative pavenients, medians, fences, walls, drainage, lighting, signs and other related improvements. The Owner shall submit a copy of the CC&R document to the City for review and approval relative to this condition prior to the subdivision of any Parcel. Owner shall ensure that any purchaser of any of the Parcels is obligated to cooperate in the creation of such association and to make the subject Parcels subject to the CC&Rs. 4. Subdivision of any of the Parcels will require completing all remaining improvements required by the Tract Improvement Agreement for Tract 7651 adopted by City Council Resolution 132-08 on July 15, 2008, as shown on the plans titled ."Improvement Plans; Tract 7651 - Sorrento East; Palermo Way and Off-Site Storm Drainage Improvements"; prepared by MacKay & Somps, Sheets 1-11 (11 Sheets), approved by the City on June 30, 2008; "Tract 7651 Sorrento East (Landscape Improvements for Palermo Way at Lockhart Street) ", prepared by R3 Studios, Sheets L0.1-L3.4 (17 Sheets), approved by the City on December 10, 2008, "Joint Trench Composite, Tract 7651, Palermo Way", prepared by RGA, Sheets JT-1-JT-3 (3 Sheets), approved by the City on October 31, 2008, and "Electrolier Site Title, Tract 7651, Palermo Way", prepared by RGA, Sheets SL-1-SL-2 (2 Sheets), approved by the City on October 31, 2008, with work including Palermo Street asphalt paving and all landscape plantings and irrigation within the public right of way and landscape easements in the entrance median, along the south side of Palermo and along the west side of Lockhart Also, the 12-foot wide concrete ~ pathway along the southern frontage of Gleason Drive between Fallon Road and Lockhart Street will be required to be constructed. 5. Subdivision of either Parcel l, Parcel 2 or Parcel 3 will require constructing street improvements for Palermo Way between Grafton Street and the existing impzovements constructed with Tract 7651. The improvements to include the six-foot wide permanent sidewalk along the park frontage. The remaining sidewaiks along the Palermo Way frontages will be included with the improvements for the adjacent tracts. 6. Subdivision of Parcel 3 will require constructing street improvements for Lee Thompson Street between Palermo Way and the northern parcel line .of Parcel7. The improvements to include the six-foot wide permanent sidewalk along the park frontage on the portion of Lee Thompson Street being constructed. The remaining sidewalks along the Lee Thompson Street.frontages will be included with the improvements for the adjacent tracts. { 7. Subdivision of Parcel 9 will require constructing street improvements for Lee Thompson Street between Palermo Way and Capoterra Way. The improvements to include the six-foot wide permanent sidewalk along the park frontage on the portion of Lee Thompson Street being , constructed_ The remaining sidewalks and landscaping along the Lee Thompson Street frontages will be iricluded with the improvements for the adjacent tracts: 8. Subdivision of either Parcel 5 or 6 will require constructing street improvements far Lee Thompson Street between Capoterra Way and Central Parkway. The improvements to include modifying the traffic signal at the intersection of Keegan Street and Central Parkway as needed to accommodate the addition of Lee Thompson Street, and the median landscape, decorative ~0 -~7 ~ pavements and structures within the public right of way at the Lee Thompson Street entrance. The remaining sidewalks and landscaping along the Lee Thompson Street frontages will be included with the improvements for the adjacent tracts. . 9. Subdivision of Parcel4 will require constructing street improvements for Lee Thompson Street between Giovanni Way and Central Parkway. The improvements will include modifying the trafFc signal at the intersection of Keegan Street and Central Parkway as needed to accommodate the addition of Lee Thompson Street, and the median landscape, decorative pavements and structures within the public right of way at the Lee Thompson Street entranae. The remaining sidewalks and landscaping along the Lee Thompson Street frontages will be included with the improvements for the adj acent tracts. 10. Subdivision of either Parcel6 or 9 will require constructing street improvements for Capoterra Way. The sidewalks and landscaping along both frontages of Capoterra Way will be included with the improvements for the adjacent tracts. ' 11. Subdivision of either Parcel4 or 6 will require constructing street improvements for Giovanni Way. The sidewalks and landscaping along both frontages of Giovanni Way will be included with the improvements for the adj acent tracts. 12. Subdivision of the latter of either Parcel 3 or 9 will require constructing the pathway and related landscape improvements on Parcel 10 and 7 for the pedestrian bridge eastern approach. 13. Subdivision of either Parcel3 or 9 will require constructing the walkway on the east side of Grafton Street between Palermo Way and Capoterra Way along with the street trees in the planter strip. The remainder of the landscaping will be included with the improvements for the adjacent tracts. 14. Subdivision of Parcel 6 will require constructing the walkway on the east side of Grafton Street between Capoterra Way and Central Parkway along with the street trees in the planter strip. The remainder of the landscaping will be included with the improvements for the adjacent tracts. 15. Subdivision of Parcel 4 will require constructing the walkway on the east side of Grafton Street between Giovanni Way and. Central Pazkway along with the street trees in the planter strip. The remainder of the landscaping will be included with the improvements for the acijacent tracts. 16. Subdivision of Parcel2 will require landscaping the Lockhart Street median between Gleason Drive and Palmero Way. 17. Subdivision of Parcel 5 will require removing the left turn pocket and completing the median across the former Capoterra Way intersection including the frontage curb & gutter. 18. Subdivision of Parcel 5 will require landscaping the Lockhart Street median between Palermo Way and Central Parkway. 19. Subdivision of Parcel 2 will require the 12-foot wide concrete pathway along the eastern frontage of Lockhart Street between Gleason Drive and the Park entrance, and the frontage landscaping along the southern frontage of Gleason Drive between Fallon Road and Lockhart Street and along the eastern frontage of Lockhart Street between Gleason Drive and the Park entrance. ~ ~~~~~ 20. Subdivision of Parcel 5 will require constructing the 12-foot wide concrete pathway and the frontage landscaping along the eastern frontage of Lockhart Stre.et between the Park entrance and Central Parkway. Street improvements, as required under the deed restrictions, shall include grading, pavement, curb and gutter, storm drain, water, sewer, joint trench, streetlights, and any appurtenant facilities deemed necessary by the City Engineer all in accordance.with the Improvement Plans for Tract 7982, Sorrento East prepared by MacKay & Somps and approved by the City Engineer, and the Improvement Plans for the Recreation Center & Pedestrian Corridor (Parcels 7 and 10 of Tract 7982) prepared by MacKay & Somps dated January 2011. The Landscaping Improvements, as required under the deed restrictions, shall include irrigation improvements all in accordance with the Tract 7982, Sorrento East Backbone Streets Landscape Plans prepared by R3 Studios (dated February 201 l, with the Irrigation Sheets to be added) and the Recreation Center & Pedestrian Corridor (Parcels 7 and 10 of Tract 7982) Landscape Plans prepared by R3 Studios dated January 2011. The purpose of this Deed Restriction is to provide.notice and disclosure to subsequent purchasers or transferees of limitations associated with the Property. This covenant shall run with the land and shall be binding upon ourselves, our tenants and any future owners and tenants, their successors, heirs or assigns and shall continue in effect unless otherwise , released by the authority of the City in writing, which may be done in whole or in part as to one or more Parcels. ~ Owner agrees that, notwithstanding anything to the contrary in Government Code section 66458 and in any City ordinances or policies, the City may withhold approval of final maps and other city approvals if the improvements specified above have not been completed or secured at the time specified above. With the subdivision of any of the Parcels the City and the Owner shall enter into a Tract Improvements Agreement for that Parcel that provides for the completion of the improvements specified for that particular Parcel along with any other improvements that may required by the tentative map for the Parcel. Not withstanding the first sentence of this paragraph, upon the effectiveness of the Tract Improvement Agreement and accompanying security, the City shall release such Parcel from the encumbrance of this Covenant and Deed Restriction by recording a document evidencing such release. By: SR Structured Lot Options I, a Delaware limited liability company: By: Stark Offshore Management, LLC a Wisconsin limited liability company its Manager By: Name: Its G:~DEVELOPMENT. PRIVATE~Dublin Ranch\Sorrento-East\Tract 7982-Backbone\Covenant and Deed Restrictions 2-7-ll doc 1590395.1