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HomeMy WebLinkAboutReso 039-92 Vangelatos RESOLUTION NO. 39-92 A RESOLUTION OF THE GITY GOUNGIL OF THE GITY OF DUBLIN APPROVING PURCHASE OF REAL PROPERTY, DRAWING AND DELIVERING WARRANTS, ACCEPTING AND RECORDING A GRANT DEED, AND DECLARING THIS PORTION OF DUBLIN BOULEVARD AND DOUGHERTY ROAD A PART OF THE CITY STREET SYSTEM WHEREAS, the hereinafter described real property situated in the City of Dublin, State of California, is required by the City of Dublin for public street purposes, to wit, the Extension of Dublin Boulevard to the east of Dougherty Road; and WHEREAS, Kanaris and Maria Vangelatos and Nikolaos Stanitsas have agreed to sell said real property to the City of Dublin for public street purposes, for the amount of $75,020o00; NOW, THEREFORE, BE IT RESOLVED that the purchase of said real property for public street purposes from the aforesaid owner for the aforesaid amount be and the same is hereby approved; and the Mayor is hereby authorized to execute the real property purchase agreement and the Certificate of Acceptance. BE IT FURTHER RESOLVED that the Finance Director, upon notification by the City Engineer as to payee and amount, is hereby authorized and directed to draw his warrant on the Dublin Boulevard Extension Assessment District Fund, as so notified, said warrant to be forwarded to the City Engineer, to be by him delivered to the payee through escrow at such time as title to the hereinafter described real property is vested in the City of Dublin; and BE IT FURTHER RESOLVED that that certain deed from the aforesaid owner, conveying said real property to the City of Dublin be, and the same is hereby accepted, and the City Clerk be, and she is hereby authorized and directed to record the same at the office of the Recorder of Alameda County; and BE IT FURTHER RESOLVED that upon such recordation, said real property, described in the manner aforesaid, be and the same is hereby declared to be a part of the City System of Streets, and is hereby designated as a part of Dublin Boulevard and Dougherty Road. The real property hereinabove referred to is more particularly described in the Description of Dedication attached to the Real Property Purchase Agreement as Exhibit "A". PASSED, APPROVED, AND ADOPTED this 27th day of April, 1992. AYES: and Mayor Snyder NOES: None Councilmembers Burton, Howard, Jeffery, Moffatt, ABSENT: None a: (dbx) \aEenda\resovrw AGREEMENT THIS AGREEMENT is made and entered into this27~day of April, 1992, and between KANARIS VANGELATOS, MARIA VANGELATOS and NIKOLAOS STANITSAS (hereinafter referred to as "Sellers") and the CITY OF DUBLIN, a municipal corporation (hereinafter referred to as "Buyer"). RECITALS A. Sellers are the owners of that certain real property in the City of Dublin located at 5933 Dougherty Road, also known as APN 0941-0550-9-15 and APN 0941-0550-10-13, and described in Exhibit "A" attached hereto and incorporated herein by reference. B. Buyer desires to purchase a portion of APN 0941-0550- 9-15 and APN 0941-0550-10-13 containing approximately 4,840 square feet. This portion of Sellers' property is hereinafter referred to as the "subject property". C. Buyer and Sellers have reached an agreement pursuant to which City will purchase the subject property for $75,020.00 for the Dublin Boulevard Extension Project. Buyer intends to pay Sellers said sum and record a Grant Deed to the subject property within thirty (30) days from April 27, 1992, the date of City Council approval of this Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Sellers agree to sell.and Buyer agrees to purchase the property located at 59~.~3 Dougherty Road in the City of Dublin, County of Alameda, State of California, and described in Exhibit "A" attached hereto and .incorporated herein by reference. 2. The purchase price of said property is SEVENTY-FIVE THOUSAND TWENTY DOLLARS ($75,020.00), payable as follows: 3. This sale shall be consummated through an escrow established with First American Title Company. The closing date for the escrow shall remain open, but shall occur no later than May 29, 1992. Closing of escrow is contingent upon verification of title. Escrow shall be considered closed when the grant deed to the property is recorded. Within fifteen (15) days after execution of this Agreement, each party shall execute and deliver to the escrow holder its written instructions consistent with the terms of this Agreement and shall provide the escrow holder with such other information, documents, and instruments as the escrow holder may reasonably require to enable it to close the transactions on the closing date. If the designated escrow holder should be unable to or unwilling to act, Buyer shall designate another escrow holder subject to the Sellers' approval, which shall not be unreasonably withheld. 3. On close of escrow, title shall vest in the City of Dublin, a municipal corporation. 4. Sellers shall by grant deed convey to Buyer a fee simple interest free and clear of all title defects, liens, encumbrances, deeds of trust, and mortgages except real property taxes, and a lien not delinquent. Buyer shall take property 2 subject to the existing waiver of damages and water line easement currently in force on the subject property. 5. Buyer shall pay all costs of escrow and title insurance and closing costs. 6. The undersigned Buyer offers and agrees to buy the property on the terms and conditions stated in this Agreement and acknowledges receipt of a copy of the Agreement. BUYER: 7. The undersigned Sellers accept the foregoing offer to purchase the property and agree to sell the property to Buyer on the terms and conditions specified herein. Sellers acknowledge receipt of a copy of this Agreement and authorize broker to deliver a signed copy to Buyer. DATED: ~,c , 19 9 2 SELLERS: 3 LEGAL DESCRIPTION FOR DEDICATION ALL THAT CERTAIN REAL PROPERTY SITUATE IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: PARCEL ON E A PORTION OF PARCEL B AS SHOWN ON PARCEL MAP 1043 RECORDED SEPTEMBER 28, 1973 IN BOOK 80 OF PARCEL MAPS AT PAGE 29, ALAMEDA COUNTY RECORDS MORE PARTICULARLY DESCRIBED AS FOI.I.OWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL B ALSO BEING ON TIlE NORTIIERLY LINE OF SCARLETT COURT AS SHOWN ON SAID PARCEL MAP I043; THENCE ALONG SAID NORTHERLY LINE OF SCARLETT COURT WESTJERLY~ALONG A CURVE TO THE LEFT FRON! A RADIAL BEARING SOUTH 3a 04' 14" WEST WrrH A RADIUS OF 128.01 FEET THROUGH A CENTRAL ANGLE OF 29s 59' 05" AN ARC LENGTH OF 66.99 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF SCARLETT COURT ALONG A TANGENT REVERSE CURVE TO THE RIGHT FROM A RADIAL BEARING NORTH 26~ 54' 51" WEST WITH A RADIUS OF 34.00 FEET THROUGH A CENTRAL ANGLE OF 27° 14° 36" AN ARC LENGTH OF 16.17 .FEET TO THE WEST LINE OF SAID PARCEl, B; THENCE ALONG SAID WEST LINE OF PARCEL NORTH P':IY 02" EAST 25.38 FEET; THENCE ALONG A NON-TANGENT CURVE TO 'rl~E LEFT FROM A RADIAL BEARING NORTH l0~ 23' 00" WEST WITH A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 22~ 25' 00" AN ARC LENGTH OF 19.56 FEET; THENCE NORTH 57e 12' 00" EAST 74.90 FEET TO THE EAST LINE OF SAID PARCEL B; THENCE ALONG SAID EAST LINE OF SAID PARCEL B SOUTH Ia 13' 02" WEST 55.75 FEET TO THE POINT OF BEGINNING. CONTAINING 2896 S(~. FT. OR 0.0665 ACRE MORE OR LESS. PARCEL TWO A PORTION OF THE PROPERTY DESCRIBED AS PARCEL 'I'WO IN THE DEED TO KANARIS ¥ANGELATOS, MARIA VANGELATOS AND NIKOLAOS SI'ANrI'SAS RECORDED APRIL 20, 1976 IN REEL 4334 AT IMAGE 265 & 266 OFFICIAL RECORDS OF ALAMEDA COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL B ALSO BEING ON THE NORTHERLY LINE OF SCARLETI' COURT AS SHOWN ON BAlD PARCEL MAP 1043; THENCE ALONG SAID NORTHERLY LINE OF SCARLETT COURT WESTERLY ALONG A CURVE TO THE LEFT FROM A RADIAL BEARING SOUTH 3~ 04' 14" WEST WITH A RADIUS OF 128.01 FEET THROUGH A CENTRAL ANGLE OF 29° 5~' 05" AN ARC LENGTH OF (~6.99 FEET; THENCE CONTINUING ALONrj SAID NORTHERLY LINE OF SCARLETT COURT ALONG A TANGENT REVERSE CURVE TO THE RIGHT FROM A RADIAL BEARING NORTH 26e 54' 51" WEST WITH A RADIUS OF 34.00 FEET THROUGH A CENTRAL ANGLE OF 27~ 14' 36" AN ARC LENGTH OF 16.17 FEET TO THE WEST LINE OF SAID PARCEL I) AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID bIORTHERLY LINE OF SCARLETT COURT AND THE EASTERLY LINE OF DOUGHEKTY ROAD ALONG LAST MENTIONED 34.00 FOOT RADIUS CURVE FROM A RADIAL BEARING NORTH 0° |9' 4S" EAST THROUGH A CENTRAL ANGLE OF 41~ 46' 24" AN ARC LENGTH OF 24.79 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE OF DOUGHERTY ROAD ALONG A TANGENT COMPOUND CURVE TO THE RIGHT FRONI A RADIAL BEARING NORTIt 4~. 06' 09' EAST WITH A RADIUS OF 229.02 I-'EET 'rlIROUGII A CENTRAL ANGLE OF 19~ 18' 49" AN ARC LENGTH OF 77.20 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE OF DOUGHERTY ROAD ALONG A TANGENT COMPOUND CURVE TO THE RIGHT FROM A RADIAL BEARING NORTH 61~ 24' 58" EAST WITH A RADIUS OF 74~.07 FEET THROUGH A CENTRAL ANGLE OF 14e 44' 51" AN ARC LENGTH OF 191.78 FEET TO 'rite SOUTH LINE OF LOT ! AS SHOWN ON TRAC'r MAP 4978 RECORDED JUNE 5, 1984 IN BOOK 145 OF MAPS AT PAGES 3 THROUGH 5, ALAMEDA COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE OF LOT I SOUTH 88~ 46' 58" EAST ~.18 FEET; THENCE ALONG A LINE 5.00 FEET EASTERLY AND CONCENTRIC WITH THE EASTERLY LINE OF DOUGHERTY ROAD ALONG A NON-TANGENT CURVE TO TtlE LEFr FROM A RADIAL BEARING NORTH 76~ 03' 34" EAST WITH A RADIUS OF 740.07 FEET THROUGH A CENTRAL ANGLE OF 14u 38' 3S" AN ARC LENGTH OF 189.14 FEET; THENCE CONTINUING ALONG SAID CONCENTRIC LINE ALONG A TANGENT CONIPOUND CURVE TO THE LEFT FROM A RADIAL BEARING NORTH 61~ 25' 01" EAST WITII A RADIUS OF 224.02 FEET THROUGH A CENTRAL ANGLE OF 8e 10' 28" AN ARC LENGTH OF 31.96 FEET; THENCE LEAVING SAID CONCENTRIC LINE ALONG A ;. TANGENT CURVE TO THE LEFT FROM A RADIAL BEARING NORTH 53~ 14' 30" EAST WITH A RADIUS · OF 50.00 FEET 'rHROUfjH A CENTRAL ANGLE OF 63~ 37' 30". AN ARC LENGTH OF 5~.52 FEET TO SAID WEB'I'ERLY LINE OF PARCEL B (PM 1043); THENCE ALONG SAID WESTERLY LINE SOUTH 1~ IY 02" WEST 25.38 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 1944 SO. FT. OR 0.0446 ACRE MORE OR LESS .,. EXHIBIT A ""';;"