HomeMy WebLinkAboutReso 108-94 AnnexAgmt-Lins RESOLUTION NO. 108 - 94
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
A RESOLUTION APPROVING THE AGREEMENT
BETWEEN THE CITY OF DUBLIN AND THE LINS
An agreement between the City of Dublin and the Lins, entitled
"Annexation Agreement Between the City of Dublin and the Lins", a copy
of which is attached, has been presented to this Council.
The City Council is familiar with the contents therefor.
The City Manager has recommended the approval of said agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Dublin that:
Said agreement is hereby approved and execution thereof by the
Mayor of Dublin is hereby authorized.
PASSED, APPROVED, AND ADOPTED THIS 10th day of October~ 1994.
AYES:
Councilmembers Burton, Houston, Howard, Moffatt and
Mayor Snyder
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CIT
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C:\planning\carol~resolin (c2 reso# 108-94)
Recording Requested
City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
1~~
r',ECEiVED,'
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"TiTY OF DUBLIN
Recorded in O{{icial Records, Alameda County
Patrick O'Connell, Clerk-Recorder
M IIIII IIIIIIlll N0 Fee
95053080 eg:22am 03/09/95
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At~aEXATION AGREEMENT
BETWEEN CITY OF DUBLIN AND THE LIN8
THIS AGREEMENT dated for identification this 10th day of
October, 1994, is entered into by and among the City of Dublin, a
municipal corporation, ("the City") and Jennifer Lin (also known
as Chang Su-O-Lin), Frederic Lin (also known as Fredrich Lin and
Hong Lien Lin) and Hong Yao Lin (also known as Kevin Lin)
(collectively, "the Lins").
Recitals
1. On May 10, 1993, by Resolution No. 53--93, the City
Council of the City adopted the Eastern Dublin Specific Plan
("the Specific Plan"), which provides a planning framework for
the future growth and development of approximately 3,300 acres,
all but approximately 700acres of which is outside the City's
boundaries to the east of the City (collectively, "the Specific
Plan Area"). Resolution No. 53-93 became effective on November
3, 1993 following voter approval. By law, all land use actions
Recording Requested
City of Dublin
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
ANNEXATION AGREEMENT
BETWEEN CITY OF DUBLIN AND THE LINS
THIS AGREEMENT dated for identification this 10th day of
October, 1994, is entered into by and among the City of Dublin, a
municipal corporation, ("the City") and Jennifer Lin (also known
as Chang Su-O-Lin), Frederic Lin (also known as Fredrich Lin and
Hong Lien Lin) and Hong Yao Lin (also known as Kevin Lin)
(collectively, "the Lins").
Recitals
1. On May 10, 1993, by Resolution No. 53-93, the City
Council of the City adopted the Eastern Dublin Specific Plan
("the Specific Plan"), which provides a planning framework for
the future growth and development of approximately 3,300 acres,
all but approximately 700 acres of which is outside the City's
boundaries to the east of the City (collectively, "the Specific
Plan Area"). Resolution No. 53-93 became effective on November
3, 1993 following voter approval. By law, all land use actions
1
approved by the City concerning the Specific Plan Area must be
consistent with the Specific Plan.
2. The Specific Plan and the City's General Plan include
goals and policies to prevent development within the Specific
Plan Area from drawing upon and diluting the fiscal base of the
remainder of the City.
3. The Specific Plan also has goals and policies calling
for certain community services, including fire and police
services, to be provided within portions of the Specific Plan
Area that have been incorporated into the City at a level that is
consistent with standards maintained in the rest of the City.
The City is only responsible for providing such services to
portions of the Specific Plan area within the City's boundaries.
4. The Lins own certain property ("the Lin Property")
within the Specific Plan Area described more particularly in
Exhibit A, which is incorporated herein by reference.
5. On July 22 and July 14, 1994, the Lins and Clyde
Casterson, respectively, filed applications with the City to
prezone and annex to the City the Lin Property and certain other
land within the Specific Plan Area (collectively, "the Annexation
Area"), all of which is shown on the map attached hereto as
Exhibit B and incorporated herein by reference. The Lins and
Clyde Casterson did not submit any development plans with these
applications.
6. Absent new development within incorporated portions of
the Specific Plan Area, it is estimated that the cost of
providing public services to the Annexation Area at a level
consistent with services provided within the City would exceed
revenues generated to the City from property within incorporated
portions of the Specific Plan Area. Specifically, it is
estimated that the annual cost of such services to be funded by
the City's general fund would exceed revenues generated within
the Annexation Area by approximately $80,000 per year, plus an
additional one-time cost the first year of approximately $24,300
to purchase a new police car and related equipment. The
additional police car would be necessary to provide a level of
police service to the Annexation Area consistent with the level
of police services currently provided within the City.
7. In addition to the above costs which would be funded
out of the City's general fund, certain one-time capital
improvements would be necessary to provide fire services to the
Annexation Area at a level commensurate with fire services
currently being provided to the remainder of the City. Dublin is
served by the Dougherty Regional Fire Authority ("DRFA"), which
serves primarily urban areas. Annexation of the Annexation Area
would introduce large areas of rural land into DRFA's service
area, which DRFA currently does not have the equipment to serve
satisfactorily. In particular, DRFA will need a "Type 3 Engine,"
which is designed to accommodate incident responses in non-
urbanized areas where the road network is limited and there is an
exposure of people and property to wildland fires. The cost of a
Type 3 Engine is estimated at $250,590. However, DRFA is due
3
soon to replace one of its "Patrol" units, at a cost of
approximately $170,000. In lieu of replacing a Patrol unit with
another Patrol unit, DRFA can instead replace the Patrol unit
with a Type 3 Engine, resulting in an incremental added cost to
DRFA of approximately $80,590 attributable to the proposed
annexation. DRFA will impose an impact fee on new development
within the Specific Plan Area to cover the costs of fire capital
infrastructure facilities necessary to serve such development,
and the $80,590 amount is properly deemed a component of such
fire capital infrastructure facilities costs.
8. If new development occurs within the Specific Plan Area
as anticipated, it is expected to generate revenues to the City
which will reduce and, in the near future, eliminate the above-
described shortfalls. However, even with development, shortfalls
are nonetheless anticipated in early years. If development
within the Specific Plan Area does not occur as anticipated, the
shortfalls will be much greater than anticipated.
9. The City is willing to process the Lin's application to
annex the Annexation Area and to consider adopting a resolution
of application to LAFCO to annex the Annexation Area, if the City
is provided reasonable assurances that funds will be available to
it to provide the level of services to the Annexation Area
required by the Specific Plan consistent with the Specific Plan's
and the General Plan's goals and policies that development within
the Specific Plan Area must not draw upon or dilute the fiscal
base of the remainder of the City.
4
10. The Specific Plan and the City's General Plan include
goals and policies providing for reimbursements from any other
benefiting areas for costs that Specific Plan Area owners are
required to advance, and should provide a fair allocation of
costs among land uses.
11. The City's resolution of application to LAFCO to annex
the Annexation Area will ask that LAFCO establish an effective
date of the annexation of October 1, 1995.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises and
conditions contained herein, the Parties agree as follows:
Section I. Coverage of General Fund Shortfalls
9. The Lins' Pa~nent 0bligatlons~ Definitions. Pursuant
to the terms outlined in this section I of this Agreement, the
Lins shall pay the City the amount of the Annexation Area Public
Service Costs which exceed Incorporated Plan Area Revenues.
"Annexation Area Public Service Costs" is defined as the cost of
providing public services to the Annexation Area (at a level
consistent with services provided within the incorporated area of
the City prior to the annexation) incurred by the City's general
fund. "Incorporated Plan Area Revenues" is defined as revenues
generated to the City's general fund from property and
inhabitants within portions of the Specific Plan Area which have
been incorporated into the City, but excluding revenues generated
outside the Annexation Area used for the benefit of incorporated
portions of the Specific Plan Area outside the Annexation Area.
5
OCT-O?-;9~iFRI 10:19 ID:~ERS NAVE ET AL
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~892 PO~
B. ~ual Fiscal Analyses. By April 1, 1995, and annually
by every April 1 thereafter, the City shall conduct, and the Lins
shall fund, a fiscal analysis to estimate the amount by which the
Annexation Area Public service Costs during the next fiscal year
(which runs from July I through the following June 30) will
exceed Incorporated Plan Area Revenues generated during that
[iscal year. The April 1995, 1996, 1997 and 1998 fiscal analyses
will include an estimate of the amount by which the AnneXation
Area Public Service Costs exceed Incorporated Plan Area Revenues
for each f~scal year through June 30, 1999.
A~ the option of the Line, the Lins may fund, and the City
shall conduct, additional fiscal analyses at other times during
the fiscal year to re-estimate the amount by which Annexation
Area Public Service Costs during that fiscal year exceed and/or
will exceed Incorporated Plan Area Revenues during that fiscal
year.
~. ~aysaemts to the City. No later than the beginning of
each quarter of each fiscal year (i.e. July 1, Ootober 1, January
1, April 1), the Lins shall pay the City one quarter of the
amount by which the Annexation Area Public Service Costs will
exceed Incorporated Plan Area Revenues for that fiscal year, as
estimated in the most recent fiscal analysis prepared pursuant to
Section I(B) of this Agreement. However, payments due from the
Line pursuant to ~his Section shall be adjusted each fiscal year
as early as possible to make up any difference between what was
paid by the Line pursuant to this Section I(c) in ~he prior
OCT-O?-'g4 FR~ 10:1g ~D~_I~YERS N~UE ET ~L
TEL NO: 51g/351,.7,,4~481 ~8c_:J2 P03
fiscal year and the actual amount by which Annexation Area Public
Service Costs differed from Inoorporated Plan Area Revenues
during the prior fiscal year (due, for example, to overestimates
or underestimates in the fiscal analysis prepared pursuant to
Section I(B) for the prior fiscal year).
D. Security for Payment. contemporaneous with the
exeou~ion of this Agreement, the Line will provide the City with
a letter of credit or comparable instrument of security
satisfactor~ to City Manager, to become effective if the
annexation ie approved by LAFCO and the conducting authority, in
the amount of Three Hundred Fifty Five ThOUsand Eight Hundred
Forty Six Dollars ($355,846) tO seCUre payment to the City of the
shortfall between Annexation Area Public Service Costs and
Incorporated Plan Area Revenues for the first four fiscal years
or portion thereof following annexation (1995-1999). The letter
of credit (or comparable security) may have an effective date of
October 1, 1995, and may be replaced with a letter of credit or
letters of credit in the amount of the shortfall for 1995-1999 as
modified by the fiscal analyses to be done each April pursuant to
Section
B. Duration of Payment Obligations. The Line' obligations
under this Section I of this Agreement shall terminate once the
amount of the Incorporated Plan Area Revenues actually exceed
Annexation Area Public service Costs for a fiscal year as shown
by the annual fiscal analysis. If, by April, 1998, the
Annexation Area Public Service Costs are still estimated to
exceed Incorporated Plan Area Revenues, the City and the Line
shall meet and confer in good faith to negotiate a way of
terminating or reducing the Line' obligations under this Section
I of this Agreement in a manner consistent with the City's
obligations under its General Plan and the Specific Plan, whether
through an application for detachment of the Annexation Area, an
agreement similar to this Agreement with other owners of property
within the Specific Plan Area, or some other means. In no event
shall the Lins' obligations under this Section I of this
Agreement terminate until the City and the Lins reach a new
agreement in one of the ways specified in the preceding sentence,
or until Incorporated Plan Area Revenues exceed Annexation Area
Public Service Costs.
F. ReimbuEsement From Other PEOpeEty Owners. The City
shall in the future consider fair and appropriate ways of
reimbursing the Line some of the amounts they are required to pay
under this Section I of this Agreement from other owners of
property within the Annexation Area. To the extent permitted by
law, the City shall require owners of property within the
Annexation Area who seek City approval of development
entitlements for such property to pay a fair and proportionate
share of the amount by which Annexation Area Public Service Costs
exceed Incorporated Plan Area Revenues during periods following
the City's approval of such entitlements.
8
SectionlI. Pa3rment for Fire Capital Improvements
The Lins shall pay to DRFA $80,590 to cover the amount by
which the cost of a Type 3 Engine necessary to serve the
Annexation Area exceeds the cost of a Patrol unit which DRFA
would otherwise purchase. Upon execution of this Agreement, the
Lins will provide a letter of credit or comparable instrument of
security satisfactory to the City Manager to secure this payment
which letter of credit (or comparable security) may have an
effective date of February 1, 1995. The Lins shall pay this
$80,590 amount by July 1, 1995, or by such later date as is
mutually acceptable to the Line and the City. The City finds
that access to a Type 3 Engine benefits all property within the
Specific Plan Area to be served by the City and that there is a
reasonable relationship between development of the Specific Plan
Area and the need for a Type 3 Engine. Thus, the Lins shall be
entitled to credits and/or reimbursements for this $80,590 amount
against impact fees for fire capital infrastructure facilities
assessed by DRFA against development on property owned by the
Lins within the Annexation Area. The timing of such credits
and/or reimbursements shall be negotiated between the Line, the
City, and DRFA after more specific development plans are prepared
and submitted for approval.
Section III. Approval of Annexation
This Agreement shall take effect only if the City adopts a
resolution of application to annex the Annexation Area, with or
without conditions. Upon adoption of such resolution, the City
9
shall take reasonable steps to facilitate annexation of the
Annexation Area effective October 1, 1995. This Agreement shall
become ineffective, however, if the annexation is not approved by
LAFCO or the voters or does not become effective for any other
reason.
Section IV. Negotiation of Development Agreement
In processing any applications for development entitlements
submitted by the Lins for the Lin Property, the City will
negotiate in good faith with the Lins to enter into a development
agreement.
Section V. Additional Provisions
A. Correcthess of the Recitals. The Recitals set forth in
this Agreement are true and correct and are a part hereof.
B. Further Assurances. The Parties shall execute,
acknowledge, and deliver such additional documents or instruments
as may be necessary to carry out the intent of this Agreement,
including but not limited to, those expressly referred to in this
Agreement.
C. Construction by California Law. This Agreement is
entered into in the State of California and shall be construed
and interpreted in accordance with its laws.
D. Representation of Comprehension of Document. In
entering into this Agreement, the Parties represent that they
have relied upon the legal advice of their attorneys who are the
attorneys of their choice. The Parties further represent that
10
the terms of this Agreement have been completely read by and
explained to them by their attorneys, and that they fully
understand and voluntarily accept those terms.
E. Authorship. Each Party and counsel for each Party has
reviewed and revised this Agreement, and accordingly, the normal
rule of construction to the effect that any ambiguities are to be
resolved against the drafting Party shall not be employed in the
interpretation of this Agreement or any amendment of it.
F. Authority to Execute. Each of the Parties represents
and warrants that each has full power to enter into this
Agreement.
G. Entire Agreement~ Amendment. This Agreement contains
the entire agreement between the Parties with regard to the
matters set forth. There are no additional written or oral
agreements or promises between the Parties concerning these
matters which are not expressly set forth in this Agreement.
This Agreement may be amended or modified only by an agreement in
writing executed in the same manner as this Agreement.
H. Attorneys Fees. In the event a Party to this Agreement
is found in a court of law to have breached this Agreement, said
Party shall pay the opposing Party's reasonable attorneys fees
and costs incurred in litigating the breach of contract action.
I. Notices. All notices shall be by certified mail or
hand delivered to the Parties as follows:
11
To the City:
City Clerk
City of Dublin
100 Civic Plaza
P. O. Box 2340
Dublin, CA 94568
To the Lins:
c/o Ted C. Fairfield
550 Sunol Blvd
P.O. Box 1148
Pleasanton, CA 94566
IN WITNESS WHEREOF, the parties have executed this agreement
the day and year first above written.
CITY OF DUBLIN
THE LINS
Jennifer Lin, Frederic Lin,
& Hang Yao Lin
Mayor
Approved as to form:
City Attorney
Title
Name
114\ag ree\eas tdub\annex. ag r
12
95053680
To the City:
City Clerk
City of Dublin
100 Civic Plaza
P. O. Box 2340
Dublin, CA 94568
To the Lins:
c/o Ted C. Fairfield
550 Sunol Blvd
P.O. Box 1148
Pleasanton, CA 94566
IN WITNESS WHEREOF, the parties have executed this agreement
the day and year first above written.
CITY OF DUBLIN
Mayor ~
THE LINS
Jennifer Lin, Frederic Lin,
& Hang Yao Lin
ennifer ~ ~ '~
..... ~/----'~"' .................."3
Approved as to form:
City Attorney
114\agree\eastdub\annex.agr
12
I0
.95053b, 80
STATE OF CALIFORNIA
COUNTY OF ,¢/Jd:-d/¢~
personally appeared
, personally known to me
(or 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.
WITNESS my h~
Signaturc -~
)d~nd official seal.
/ _.
(This area for official notarial seal)
Title of Document
Date of Document
Other signatures not acknowledged
No. of.Pages
3008 (1/94) (General)
First American Title Insurance Company
P+ R - 2
LEGAL DESCEIPTION
Order No. 590192
Page No. 6
REAL PROPERTY in the Unincorporated Area, County of Alameda, State of California, described
as follows:
Portion of the North half of Section 3, Township 3 South, Range 1 East, Mount Diablo Base and
Meridian, described as follows:
Be~nning at the point of intersection of the center line of Fallon Road County Road 892, with a width
of 60 feet, as said Road is desert'bed in the indenture to the County of Alameda, recorded July 31,
1941, in Book 4115 of Official Records at Page 57, with the North line of aforesaid Section 3, T. 3
S. R. 1 E., M. D. B. M., said point of beginning being located at a point on the arc of a curve having
a radius of 400.00 feet, the center line of which curve bears South 62° 31' 12" West; thence from
point of beginning Southeasterly along said center line of Fallon Road, along the arc of said curve
having a radius of 400.00 feet through a central angle of 29° 34' ,$4" an arc distance of 206.50 feet;
thence tangent to said curve, South 2° 05' 56" West, 1,457.31 feet to a point on the Northerly line of
State Freeway 580, as descn]~ed in the indenture to the State of California, recorded July 7, 1967 in
Book 1995 of Official Records at Page 347; thence along said Northerly line of State Freeway 580,
as follows: North 87° 53' 36" West, 42.00 feet; thence South 2° 06' 44" West, 454.49 feet; thence
South 50° 42' 39" West, 296.33 feet; thence along the arc of a tangent curve to the right, having a
radius of 950.00 feet through a central angle of 39° 35' 21", an arc distance of 656.41 feet; thence
tangent to said curve North 89° 42' 00" West, 1,394.66 feet; thence North 88° 29'
26" West, 419.15 feet to a point on the West line of said Section 3, T. 3 S., R. I E.; thence along
said West line of Section 3, North 0° 33' 03" East, 2,561.92 feet to the Northwest comer of said
Section 3; thence along the North line of said Section 3, South 88° 31' 10" East, 2,693.05 feet to the
point of beginning.
A.P. No. 099B-3036-001
EXH1B/T A
FIRST AMERICAN TITLE
EXHIBIT ~ ~ t
~TR o 2
Order No. 5g01~3
Page No. 5
to an iron monument; thence Northeasterly, Northerly and Northwesterly on the arc of a curve to the
left, tangent to last said course, the radius of which is 200 feet, a distance on said arc of 176.39 feet;
thence North 28° .56' 46" West, 23.54 feet to an iron monument on the South line of the North half
of Section 34 in Township 2 South, Rangc 1 East, Mount Diablo Base and Meridian, distant thereon
South 89° 20' West, 2,649.63 feet from thc intersection of fences at or near the Southeast comer of
said North half of section 34.
A.P. Nos. 99B-3036-07
99B-3036-08
EXHZBff A
FIRST AMERICAN TITLE
~TR o 2
LEGAL DESCRIPTION
Order No. 590193
Page No. 4
REAL PROPERTY in the Unincorporated Area, County of Alameda, State of Califomia, described
as follows:
Lots 1, 2, 3 and 4 in Section 34, Township 2 South, Range 1 East, Mount Diablo Base and Meridian,
and a potion of the Rancho Santa Pita, described as follows:
Be~nning at the Nonhwestem comer of that certain piece of parcel of land described in that certain
Deed to Owen P. Sutton, dated April 29, 1862, and recorded in Book "M'' of Deeds, Page 266,
Alameda County Records; nmning thence North 0° 30' West 42 chains, 69 links, to the quarter section
comer between Sections-33 and 34, Township 2 South, Range 1 East, Mount Diablo Base and
Meridian; thence North 88° 413' East, 81 chains, 38 link~ tO the quarter section comer between
Sections 34 and 35 in said Township and Range; thence South 44 chains, 68 links to a point on the
Northern boundary line of said parcel of land descn~0ed in said Deed to Sutton; thence West along said
last named line, 80 chains, 79 links to the point of beginning.
Excepting therefrom that portion lying East to the following described line:
Commencing at an iron monment on the Northerly right of way llne of the State Highway leading
from Santa Pita to Livemore, as said right of way 66 feet in width, existed prior to June 18, 1915,
distant thereon 2,674.36 feet Easterly from the intersection thereof with the fence line marking the
Westerly boundary line of that certain 320 acre piece or parcel of land conveyed to James M. McCoy
by Judicial Decree dated December 4, 1936 and recorded in Liber 3441 of Official Records at Page
53 thereof, records of Alameda County, California, said point of commencement being also, measured
along said Northerly right of way line, North 89° 20' West, 2,621.17 feet from the intersection thereof
with the center line of Crock Road, as said Road now exists by that certain Deed from Henrietta
Farrelly to the County of Alameda, dated October 6, 1917 and recorded in h'ber 2612 of Deeds at
Page. 352 thereof, records of Alameda County, California (the bearing of the Northerly right of way
line of said State Highway being taken as North 89° 2.0' Wet for the purpose of making this
description and all bearings herein contained are referred thereto); thence from said point of
commencement North 1° 20' East 2,40433 feet to an iron monument; thence Northwesterly on the
arc of a curve to the left, tangent to last said course, the radius of which curve is 400 feet, a distance
of said arc of 279.22 feet to an iron monment; thence North 38° 39' 45" West, 423.51 feet to an iron
monument; thence Northwesterly, Northerly and Northeasterly on the arc of a curve to the right,
tangent to last said course, the radius of which curve is 400 feet, a distance on said arc of 308.57 feet
to an iron monment; thence North 5° 32' 15" East, 1,321.63 feet to an iron monument; thence
Northeasterly on the arc of a curve to the right, tangent to last said course, the radius of which curve
is 800 feet, a distance of said arc of 224.10 feet to an iron monument; thence North 21° 35' 15" East,
500.08 feet
FIRST AMERICAN TITLE
EXHIBIT ~,~c~ C ,,~
PTR-2
Order No. 590194
Page No. 5
PARCEL TWO:
The land conveyed to Chang Su-O Lin, et al, by Quitclaim Deed recorded September 21, 1989, Series
No. 89-258018, Official Records.
Excepting therefrom that portion thereof lying northerly of the north line and the weste~y extension
of the north line of Parcel One above.
PARCEL THREE:
That portion of the south 1/2 of Section 27 and the north Lt2 of Section 34 lying westerly of the line
described in the Quitclaim Deed to Chang Su-O Lin, et al, recorded December 27, 1991, Series No.
91-344397, Official Records, which is not included in Parcel One above.
Excepting therefrom that .portion thereof lying northerly of the north line and the easterly extension
of the north line of Parcel One above.
A. P. No.'s 99B-3046-2-6
-2-7
-2-8
-2-9
FIRST AMERICAN TITLE
EXHIBIT~ic~
,~T R - 2
LEGAL DESCRIPTION
Order No. 590194
Page No. 4
REAL PROPERTY in the Unincorporated Area, County of Alameda, State of California, descn'bed
as follows:
PARCEL ONE:
Those portions of the south lf2 of Section 27 and the north 1/2 of Section 34, all in Township 2
South, Range 1 East, Mount Diablo Base and Meridian, described as follows:
Be~nning at the northerly terminus of the center of Fallon Road in the southern boundary of the
Fallon Ranch; thence along the center of an existing roadway; North 18 degrees 40 minutes West,
63.33 feet, North 34 degrees 59 minutes 21 seconds West, 100.06 feet, North 21 degrees 15 minutes
West, 100.00 feet; North 3 degrees 00 minutes West, 100.00 feet and North 1 degree 1210 minutes East,
100.00 feet; thence leaving said center of said roadway, and running along a tangent 170.00 feet radius
curve to the left through a central angle of 40 degrees 20 minutes for an arc distance of 119.67 feet
to a point of reverse curvature in an existing fence line in the westerly line of the westerly fork in said
roadway; thence along said westerly line of said roadway and said fence llne on a 500.00 foot radius
curve to the fight, through a central angle of 35 degrees 45 minutes for an arc distance of 311.98 feet
to a comer in said fence line; thence leaving said line of said roadway and continuing along said fence
line and its westerly prolongation, North 82 degrees 40 minutes West, 200.00 feet; thence North 15
degrees 51 minutes 43 seconds West, 272.48 feet; thence North 13 degrees 30 minutes East, 453.59
feet; thenco East 470.00 feet to the herelnabove said westerly line of said madway; thence along said
line of said roadway on the following courses: North 37 degrees 40 minutes East 177.15 feet; North
27 degrees 15 minutes East, 182.90 feet, North 7 degrees 00 minutes West 100.00 feet, and North 11
degrees 00 minutes West, 130.00 feet; thence on the following courses: From a tangent bearing North
68 degrees 00 minutes West, running along a 160.00 foot radius curve to the fight through a central
angle of 55 degrees 00 minutes for an arc distance of 153.59 feet to a point of reverse curvature;
thence along a 100.00 foot radius curve to the left through a central angle of 15 degrees 20 minutes
for an arc distance of 26.76 feet to a point of reverse curtfuture; thence along a 400.00 foot radius
curve to the fight through a central angle of 34 degrees 15 minutes for an arc distance of 239.11 feet
to a point of reverse curvature; thence along a 170 foot radius curve to the left through a central angle
of 34 degrees 35 minutes for an arc distance of 102.61 feet; thence North 28 degrees 40 minutes West
200.00 feet; thence along a tangent 165.00 feet radius curve to the right through a central angle of 34
degrees 53 minutes 33 seconds for an arc distance of 100.48 feet; thence west, 2432.15 feet to a point
on a line connecting to the northwesterly and southwesterly fence comer of the Fallon Ranch; thence
along said connecting line, South 0 degrees 50 minutes 33 seconds West 2830.10 feet to said
southwesterly fence comer; thence along the line of an existing fence line, East 2570.15 feet to the
point of beginning.
Excepting therefrom that portion thereof described in the Quitclaim Deed to Fallon Enterprises
recorded December 27, 1991, Series No. 91-344396, Official Records.
FIRST AMERICAN TITLE EXHIBIT,~ .~ ~
PTR - 2
Onler No. 590195
Page No, 5
Thence leaving the aforesaid common Line and along the South line of the said Chang Su-O L:m, et
al parcel North 89° 52' 31" West, 2432.35 feet to the Southwest comer of the said Chang Su-O IAn,
et al parcel, from which point a fence comer post found for the Southwest comer of that certain parcel
of land conveyed to Fredric Lin, et al, recorded in Official Series No. 89-192776, Official Records
of Alameda County, California, bears South 00° 50' 53" West, 2830.07 feet; thence along the West
line of the said Chang Su-O Lin, et al parcel North 00° 56' 53" East, 2423.02 feet to the point of
beginning.
Bearings contained herein conform to the California Coordinate System Zone 3.
PARCEL TWO:
The easement for ingress and egress granted in the deed to Corporation "A", recorded July 21, 1970,
Reel 2658 OR, Image 337, Series No. 77341. as follows:
Beginning at the Northerly terminus of the center of Fallon Road in the Southern boundary of the
Fallon Ranch; thence East 31.66 feet along an existing fence line; thence leaving said fence line and
North 18° 41)' West, 6333 feet; thence parallel with said fence line, West 31..66 feet; thence South 18°
4(}' East 63.33 feet to the point of beginning.
PARCEL THREE:
An easement and right of way consistently 55 feet in width and at all points parallel with, adjacent
to and immediately Westerly of the Easterly boundary of the real property described in the Deed from
Corporation "A" to Land Research Concent by Deed recorded July 21, 1970 in Reel 2658, Image 340,
Alameda County, which easement and fight of way is appttrtenant to and for the benefit of the Eastern
70 acres of the hereinbefore described Parcel 1, (the We.stem line of said 70 acres being measured at
a right angle to the Southern line of said Parcel 1), which easement and right of way is for roadway
purposes only.
A.P. No. 99B-3046-2-15
FIRST AMERICAN TITLE
EFalBIT.t.~Q e_ ~
PT R - 2
LEGAL DESCRIPTION
Order No. 590195
Page No. 4
REAL PROPERTY in the Unincorporated Area, County of Alameda, State of California, described
as follows:
PARCEL ONE:
Land description of a parcel of land to represent the current metes and bounds after that certain
boundary adjustment approved by the Planning Department of Alameda County of January 2, 1992 -
Certificate of Compliance and Boundary Adjustment, BA91-25 between that parcel of land conveyed
to Chang Su-O l -ins et al, recorded in Official Series No.'s 81-078548 and No. 91-189062 of Official
Records of Alameda County, C~lifomia and that parcel of land conveyed to Fallon Enterprises Inc.
recorded in Official Series No. 70-077339 of Official Records of Alameda County, California; for the
common boundary between above said parcels reference quitclaim deeds recorded in Official Series
Number 91-34396 and 91-344397 of Official Records of Alameda County, Califomia.
LAND DESCRIPTION:
Real Property in the South half of Section 27, Township 2 South, Range 1 East, M.D.M. and situate
in the County of Alameda, State of Ca!ifomia.
Beginning at a fence comer post found for the Northwest comer of the said Chang Su-O Lin, et al
parcel; thence along the North line of the said Chang Su-O Lin, et al parcel North 89° 50' 49" East,
3710.28 feet to the newly created common North comer between the said Chang Su-O Lin parcel and
the aid Fallon Enterprises, Inc. parcel, from which point a fence comer post found for the Northeast
comer of the said Fallon Enterprises, Inc. parcel bears North 89° 50' 49" East, 1485.71 feet; thence
along the common line between the said Chang Su-O I..in parcel and the said Fallon Enterprises, Inc.
parcel the following eight (8) courses:
1)
2)
3)
6)
7)
8)
South 00° 09' 11" East, 22353 feet;
South 48° 46' 2.8" West, 1910.79 feet;
South 00° 06' 21" West, 300.00 feet to a 1 inch diameter iron pipe found with plastic plug
stamped LS. 4233;
South 2.2° 53' 39" East, 218.39 feet to a 1 inch iron pipe found with plastic plug stamped
LS. 4233 to a point on a cutwe, from which point the center bears South 41° 34' 58" East;
in a Northeast direction 103.66 feet along the arc of the said non-tangent curve to the right
having a radius of 180.00 feet, through a central angle of 32° 59' 45" to a 1 inch diameter
iron pipe found with plastic plug .stamped LS. 4233;
South 14° 39' 29" East, 253.60 feet to a 1 inch diameter iron pipe found with plastic plug
stamped L.S. 4233;
South 28° 26' 21" West, 217.82 feet to a 1 inch diameter iron pipe found with plastic plug
stamped L.S. 4233 for the beginning of a tangent curve to the left;
in a Southerly direction 63.67 feet along the arc of said cutwe to the left, having a radius
of 165.00 feet, through a central angle of 22° 06' 27" to the Southeast comer of the said
Chang Su-O Lin, et al parcel;
FIRST AMERICAN TITLE
EXHIBIT~,~_ 7
PT R - 2
LEGAL DESCRIPTION
Order No. 590197
Page No. 6
REAL PROPERTY in the Unincorporated Area, County of Alameda, State of California, described
as follows:
Lots 3 and 4, and the East 1/2 of the Southearn 1/4 of Section 2,8, Township 2 South, Range 1 East,
Mount Diablo Base and Meridian.
P~L2:
Portion of the land described in the Deed to Frank Silva, dated October 11, 1904, Book 1015 of
Deeds, Page 28, Alameda County Records, described as follows:
Beginning at a point on the Eastern line of County Road Survey No. 2568, distant thereon North 2°
30' East 45.77 chaln-~ from the Southern line of Plat 13, according to the "Map of the Property of the
Estate of Elizabeth A. Dougherty", etc., filed May 11, 1891, Map Book 8, Page 75, Alameda County
Records, and thence along said Eastern line North 2° 30' East 8.91 chains to a point in the Northern
boundary line of the said land described in said Deed to Frank Silva; thence along the last' named line
North 54° 30' East 6.52 chains; thence South 87° 30' East 6.92 chains to the most Northeastern corner
of said Parcel of land described in said Deed to Frank Silva; thence along the Eastern line of said
Parcel of land; South 0° 30' West 13.06 chains; thence North 86° 50' West 12.54 chains to the point
of beginning.
A.P. Nos. 946-680-3 (Affects Parcel 1)
946-680-4 (Affects Parcel 2)
EXHIB/T A
FIRST AMERICAN TITLE
EXHIBIT
rT~ - ~
Order No. 590196
Page No. 6
PARCEL TWO:
That certain triangular portion of the Rancho San Ramon lying between the southerly line of Plot 13,
as said plot is shown on that certain Map enti~ed, *Map of the property of the Estate of Elizabeth A.
Dougherty, (deceased), in Alameda and Contra Costa Counties*, filed May 11, 1891, Map Book 8,
Page 75, Alameda County Records, and the northerly line, and its direct extension westerly, of that
certain tract of land containing 50 acres described in the Deed made to Rasmus H. Carstenson,
recorded November 7, 1874 in Book 98 of Deeds, Page 309, Alameda County Records.
Excepting therefrom, that portion thereof which lies within the lines of County Road No. 2568, also
known as Tassajara Road.
Also excepting therefrom all that portion lying westerly of the West Ene of Tassajara Road, also
known as County Road 2568.
PARCEL THEEE:
Lots I and II, also known as Lots 1 and 2, and the East 1/2 of the northeast 1/4 and Lots III and IV,
also known as Lots 3 and 4. of the southeast 1/4; Section 33, Township 2 South, Range 1 East, Mount
Diablo Base and Meridian.
PARCEL FOUR:
Beginning at the point of intersection of the eastern line of County Road 2568 with the southern line
of Lot 13, .as said lot is shown on the map of the property of the Estate of Elizabeth A. Dougherty,
filed in the office of the County Recorder of said Alameda County on May 11, 1891 and of record
in Map Book 8, Page 75; thence along said eastern line of County Road No. 2568, North 2° 30' East
45.77 chains; thence leaving said eastern line of said County Road No. 2568, South 86° 50' East 12.54
chains to a point in the eastern line of that certain piece or parcel of land conveyed to Frank Silva,
by Deed dated October 11, 1904 and recorded in Book 1015 d Deeds, Page 7.8; thence along the
eastern line of said piece of land conveyed to Frank Silva, and said line extended South 0° 30' West
44.54 chains to the southeastern comer of said Lot 13; thence South 88° West along said southern line
of Lot 13, 14 chains~ more or less, to the point of beginning.
Excepting from Parcels Three and Four above the land conveyed to the City of Pleasanton by Deed
recorded November 2.0, 1992, Series No. 92-378021, Official Records.
A. P. No. 946-1040-1-2
946-1040-2
946-1040-3-2
FIRST AMERICAN TITLE
',1TR - 2
LEGAL DESCRIPTION
Order No. 590196
Page No. 5
;5
PEAL PROPERTY in the Township of Pleasanton, County of Alameda, State of California, described
as follows:
PARCEL ONE:
Beginning at a point on the easterly line of Rancho San Ramon, distant thereon northerly 63.81 chains
from a point in the center line of the State Highway formerly County Road from Dublin to Livermore,
which last mentioned point is distant 78 links South from the southeasterly comer of said Rancho San
Ramon; thence westerly along the northerly boundary line of that certain Wact of land containing 800
acres described in the Deed made by Friederich Schweer, recorded June 2.5, 1869, Book 42, Page 264,
Alameda County Records; a distance of 33.17 chains; thence northerly along the easterly boundary
line of said tract of land containing 800 acres, a distance of 15.10 chains; thence easterly and parallel
with said northerly boundary line of said 800 acre tract of land a distance of 33.17 chains to said
easterly line of Rancho San Ramon; thence southerly along said easterly line of Rancho San Ramon,
a distance of 15.10 chains to the point of beginning.
Being a portion of said Rancho San Ramon.
Excepting therefrom, that portion thereof which lies within the lines of County Road No. 2568, also
known as Tassajara Road.
Also excepting therefrom, that portion thereof included in the Final Decree of Condemnation made
July 21, 1947 by the United States District Court, Northern District of California, Southern Division,
in that certain Action No. 22352-R entitled "United States of America, Plaintiff vs. 3396 acre of land,
Ada Clement, et at., Defendants, a certified copy of which was recorded August 1, 1947 in Book
5132, Page 1, Alameda County Records, described as follows:
Be~nning at the intersection of the western line of County Road No. 2568, known as Tassajara Road,
with the northern line of the 800 acre tract of land described in the Deed to Friederich Schweer,
recorded June 25, 1869, Book 42 of Deeds, Page 264, Alameda County Records; thence along said
line of Tassajara Road, North 0° 30' East 313.15 feet to the line of the 3636.1222 acre tract of land
described in the Amended Decree made June 4, 1945 from the District Court of the United States in
and for the Northern District of California, Southern Division, Case No. 22352-R, United States of
America, Plaintiff vs. 3396 acres of land, etc., Defendants, a certified copy whereof was recorded June
8, 1945 in Book 4721, Page. 14, at the eastern extremity. of the course shown therein as South 88° 56'
East 1191.25 feet; thence along the line of said 3636.1222 acre tract of land North 88° 56' West
1191.25 feet to the eastern line of said 800 acre tract of land; thence along the last mentioned line
South 0° 30' West 319.73 feet to said northern line of the 800 acre tract of land; and thence along the
last mentioned line South 89° 15' East 1191.20 feet to the point of beginning.
Also excepting therefrom all that portion lying westerly of the West line of Tassajara Road, also
known as County Road No. 2568.
EXH, XBXT
FIRST AMERICAN TITLE
RECEIVED
J U L 2 2 199z~ ..... t
CALIFORNIA.
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