HomeMy WebLinkAboutReso 084-92 DubBl-DoughertyRd RESOLUTION NO. 84-92
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING PURCHASE OF REAL PROPERTY, DRAWING AND DELIVERING WARRANTS,
ACCEPTING AND RECORDING GRANT DEEDS, 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 the widening
of the east side of Dougherty Road; and
WHEREAS, BJ Dublin Commercial Partnership agreed to sell said real property
to the City of Dublin for public street purposes, for the amount of $780,879.00;
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 13th day of July, 1992.
AYES:
NOES: None
ABSENT: None
Councilmembers Burton, Howard, Jeffcry, Moffatt
and Mayor Snyder
Mayor
ATTEST
AGREEMENT
THIS AGREEMENT is made and entered into this
of July, 1992, and between BJ DUBLIN COMMERCIAL, a California
Limited Partnership (hereinafter referred to as "Seller") and the
CITY OF DUBLIN, a municipal corporation (hereinafter referred to
as "Buyer").
RECITALS
A. Seller is the owner of that certain real property in
the City of Dublin located on Dougherty Road, also known as
APNs 0941-0550-40, 41, 42, 43 and 44, and described in Exhibit
"A" attached hereto and incorporated herein by reference.
B. Buyer desires to purchase portions of APNs 0941-0550-
40, 41, 42, 43 and 44, containing approximately 86,764.3 square
feet. These portions of Seller's property are hereinafter
referred to as the "subject property".
C. Buyer and Seller have reached an agreement pursuant to
which City will purchase the subject property for $780,879.00
($9.00 per square foot) for the Dublin Boulevard Extension
Project. Buyer intends to pay Seller said sum and record a Grant
Deed to the subject property within thirty (30) days from July
13, 1992, the date of City Council approval of this Agreement.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Seller agrees to sell and Buyer agrees to purchase the
above-identified property located on 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 SEVEN HUNDRED
EIGHTY THOUSAND EIGHT HUNDRED SEVENTY-NINE DOLLARS ($780,879.00),
payable as follows:
3. This sale shall be consummated through an escrow
established with Northwestern Title Company, P. O. Box 572,
Pleasanton, California 94566. The closing date for the escrow
shall remain open, but shall occur no later than July 31, 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 Seller's approval, which shall not be unreasonably
withheld.
3. On close of escrow, title shall vest in the City of
Dublin, a municipal corporation.
4. Seller 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
2
taxes, and a lien not delinquent. Buyer shall take property
subject to the existing sanitary sewer, poleline, pipeline,
public utility, and storm drainage easements 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:
THE CITY OF D~B IN,
[7 Mun' ' -f' ion
R,
7. The undersigned Seller accepts the foregoing offer to
purchase the property and agree to sell the property to Buyer on
the terms and conditions specified herein. Seller acknowledges
receipt of a copy of this Agreement and authorize broker to
deliver a signed copy to Buyer.
DATED: , 1992
SELLER:
BJ DUBLIN COMMERCIAL,
a California Limited Partnership
By ~ '~
MOORE, President of
TRICK LAND COMPANY,
General Partner for BJ DUBLIN
COMMERCIAL, a California
Limited Partnership
LOT 1
5° STRIP FOR
DOUGHERTY ROAD WIDENING
THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF
.ALAMEDA, STATE OF CALIFORNIA BEING A PORTION OF LOT 1 OF TRACT 4978
RECORDED JULY 5, 1984 IN BOOK 145 OF MAPS AT PAGES 3 THROUGH 5 IN
THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF TRACT 4978
RECORDED JULY 5, 1984 IN BOOK 145 OF MAPS AT PAGES 3 THROUGH 5 IN
THE OFFICE OF.THE RECORDER OF ALAMEDA COUNTY, SAID CORNER BEING ON
A CURVE TO THE RIGHT, HAVING A RADIUS OF 745.07 FEET, A RADIAL
BEARING TO THE RADIUS OF NORTH 76° 09' 46" EAST; THENCE NORTHERLY
ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14° 02' 43" AN ARC
DISTANCE OF 182.64 FEET TO A POINT OF COMPOUND C~URVE TO THE RIGHT,
HAVING A RADIUS OF 50.00 FEET; THENCE NORTHERLY THROUGH A CENTRAL
ANGLE OF 26° 51' 45" AN ARC DISTANCE OF 23.44 FEET; THENCE SOUTH 01~
13' 02" WEST 21.14 FEET TO A POINT ON A CURVE TO THE LEFT HAVING A
RADIUS OF 45.00 FEET, A RADIAL BEARING TO THE RADIUS OF SOUTH 87°'
55' 52" EAST; THENCE SOUTHERLY THROUGH A CENTRAL ANGLE OF 01~ 51'
33" AN ARC DISTANCE OF 1.46 FEET TO A POINT OF COMPOUND CURVE
HAVING A RADIAL BEARING TO THE RADIUS OF SOUTH 89° 47' 31" EAST,
HAVING A RADIUS OF 740.07 FEET; THENCE SOUTHERLY THROUGH A CENTRAL
ANGLE OF 14° 08' 58" AN ARC LENGTH OF 182.76 FEET TO THE SOUTHERLY
LINE OF LOT 1 TRACT 4978; THENCE NORTH 88° 46' 58" WEST, ALONG THE
SOUTHERLY LINE OF LOT 1 TRACT 4978, 5.18 FEET TO THE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 0.0228 ACRES MORE OR LESS.
· ~? 0~ c~9.
DONALD HOB~
EXPIRATION DATE 9/30/92
N o 9, a
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LoT I
2694 Bishop Drive, Suite 210
San Ramon, Cnllfornia 94583
(510) 275-9770
SCAts:
DATE:
JOB ~"LBE ~:
i'2. G.-o'?-,-o7
LOT 2
TRACT 4978
DUBLIN BOULEVARD EXTENSION
THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF
ALAMEDA, STATE OF CALIFORNIA BEING A PORTION OF LOT 2 OF TRACT 4978
RECORDED JULY 5, 1984 IN BOOK 145 MAPS AT PAGES 3 THROUGH 5 IN THE
OFFICE'OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF THE
AFOREMENTIONED TRACT 4978, THENCE SOUTH 88046'58" EAST (SOUTH
88°46'58" EAST ALONG THE SOUTHERLY BOUNDARY LINE OF TRACT 4978
BEING USED AS THE BASIS OF BEARING FOR THIS DESCRIPTION) ALONG THE
SOUTHERLY LINE OF LOT 1 A DISTANCE OF 289.03 FEET TO THE SOUTHERLY
CORNER COMMON TO LOTS 1 & 2 PER TRACT 4978; THENCE CONTINUING SOUTH
88046'58" EAST, ALONG THE SOUTHERLY LINE OF LOT 2, 248.19 FEET TO
THE ACTUAL POINT OF BEGINNING, SAID POINT BEING ON A CURVE TO RIGHT
HAVING A RADIUS OF 1055.00 FEET, A RADIAL BEARING TO THE RADIUS OF
SOUTH 21001'29'' EAST; THENCE NORTHEASTERLYALONG SAID CURVE THROUGH
A CENTRAL ANGLE OF 3°00'38" AN ARC DISTANCE OF 55.43 FEET TO THE
LINE COMMON TO LOTS 2 AND 3 OF TRACT 4978; THENCE SOUTH 01017'02''
WEST ALONG SAID COMlvlON LINE TO LOTS 2 AND 3, 19.63 FEET TO THE
SOUTHEASTERLY CORNER OF LOT 2 OF TRACT 4978; THENCE ALONG THE
SOUTHERLY LINE OF LOT 2 NORTH 88°46'58" WEST, 51.81 FEET MORE OR
LESS TO THE ACTUAL POINT OF BEGIlqNING.
SAID PARCEL CONTAINS 0.0120 ACRES MORE OR LESS
ME 4807
DONALD HO~'~S, LS 4807
EXPIRATION DATE 9/30/92
PLA~TO AccoMPANY DE.~"'RIPTIoN
LOT. 2. TVz,,~ 6,T ~,q '7 ~
tl
_C, OUTHEASTERLY pORTION
THE CiTY OF DUBLIN.
WILSEY & HAM
~NGINE~q~NG AND PLANNING SERY1CES
hbtls lmpravmssatts Lsn4 Drttlopso, m~t 'T~'sa~I
oF LOT
2694 Bishop Drive, Suite 210
San Ramon, California 94583
(510) 275-9770
.qC~T~: JOB NUMBER:
I"= ~0 ' /~6-ca2- 07
DATE: DRT. NO.
/2/,e6/ql
LOT 3
TRACT 4978
DUBLIN BOULEVARD EXTENSION
THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF
ALAMEDA, STATE OF CALIFORNIA BEING A PORTION OF LOT 3 OF TRACT 4978
RECORDED JULY 5, 1984 IN BOOK 145 OF MAPS AT PAGES 3 THROUGH 5 IN
THE OFFICE OF THE RECORDER OF SAID COUNTYt DESCRIBED AS FOLLOWS:
COMMENCING THE SOUTHWESTERLY CORNER OF LOT 1 OF THE AFOREMENTIONED
TRACT 4978; SAID POINT BEING ON THE EASTERLY RIGHT OF WAY OF
DOUGHERTY ROAD; THENCE SOUTH 88o46'58" EAST (SOUTH 88o46'58" EAST
ALONG THE SOUTHERLY LINE OF TRACT 4978 WAS TAKEN AS THE BASIS OF
BEARING FOR THIS DESCRIPTION) ALONG THE SOUTHERLY LINE OF TRACT
4978, A DISTANCE OF 589.03 FEET TO THE SOUTHERLY CORNER COMMON TO
LOTS 2 AND 3 OF TRACT 4978 AND THE ACTUAL POINT OF BEGINNING THENCE
NORTH 01' 17' 02" EAST ALONG THE LINE COMMON TO LOTS 2 AND 3, 19.63
FEET TO A CURVE TO THE RIGHT HAVING A RADIUS OF 1055.00 FEET, A
RADIAL BEARING TO THE RADIUS OF SOUTH 18°00 ' 51" EAST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°39' 16"
AN ARC DISTANCE OF 306.66 FEET TO THE LINE COMMON TO LOTS 3 AND 4;
THENCE ALONG SAID COMMON LINE, SOUTH 01°17'02" WEST 77.43 FEET TO
THE SOUTHEAST CORNER OF LOT 3; THENCE ALONG THE SOUTHERLY LINE OF
LOT 3 NORTH 88o46'58" WEST 300.00 FEET MORE OR LESS TO THE ACTUAL
POINT OF BEGINNING.
SAID PARCEL CONTAINS 0.3863 ACRES MORE OR LESS
EXPIRATION DATE 9/30/92
PLA~ To AcCoMPANY DEsCRIPTIoN
LOT :5 TK. AC-,T "T'~r'7~
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~"",.. \
~'~ DU~L IN
~IiiIIAcTUAL POINT OF BEGINNING
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DLVD.
.S~xn'HERLY POH'TioN oF LOT 3'TKAC, T4~tT.S TO EE DEDICATED IN FEF_ To
THE CiTY oF DUBLIN.
WILSEY&HAM
ENGINE~RLNG AND P~G SERVICES
2694 Bishop Drive, Suite 210
San Ramon, Cnl_lforlxia 94583
(510) 275-9770
SCM.R:
/"=5'o'
DATE:
/21~ ~1 ,//
JOB NUMBER:
DRW. NO.
LOT 4
TRACT 4978
DUBLIN BOULEVARD EXTENSION
THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF
ALAMEDA, STATE OF CALIFORNIA BEING A PORTION OF LOT 4 OF TRACT 4978
RECORDED JULY 5, 1984 IN BOOK 145 OF MAPS AT PAGES 3 THROUGH 5 IN
THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY' CORNER OF LOT 1 OF THE
AFOREMENTIONED TRACT 4978, SAID POINT BEING ON THE EASTERLY RIGHT
OF WAY OF DOUGHERTY ROAD; THENCE SOUTH 88°46 ' 58" EAST ( SOUTH
88°46'58" EAST ALONG THE SOUTHERLY LINE OF TRACT 4978 WAS TAKEN. AS
THE BASIS OF BEARING FOR THIS DESCRIPTION) ALONG THE SOUTHERLY LINE
OF TRACT 4978, 889.03 FEET TO THE SOUTHERLY CORNER COMMON TO LOTS
3 AND 4 OF TRACT 4978 AND THE ACTUAL POINT OF BEGINNING; THENCE
ALONG THE LINE COMMON TO LOTS 3 AND 4, NORTH 01o17'02" EAST 77.43
FEET TO A CURVE TO THE RIGHT RAVING A RADIUS OF 550.00 FEET, A
RADIAL BEARING TO THE RADIUS POINT OF SOUTH 1°21'34" EAST; THENCE
NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 02°34 '36"
AN ARC DISTANCE OF 47.44 FEET; THENCE SOUTH 88o46'58'' EAST AND
PARALLEL TO THE SOUTHERLY LINE OF LOT 4, 252.48 FEET TO THE LINE
COMMON TO LOTS 4 AND 5; THENCE ALONG SAID COMMON LINE SOUTH
01'13'02" WEST 78.50 FEET TO THE SOUTHEASTERLY CORNER OF LOT 4;
THENCE NORTH 88°46 '58" WEST 300.00 FEET MORE OR LESS TO THE ACTUAL
POINT OF BEGINNING
SAID PARCEL CONTAINS 0.5402 ACRES MORE OR LESS "
DONALD HOBBS, LS 4807
EXPIRATION DATE 9/30/92
A
To ACCOMPANY D"~CRIPTioN
LOT 4-
,~ · o2.0~4.'36,"
R= Io55,0o
L- 4.T, 44
PROPOSED DUBLIN
0.5~o~ Ac. +-
.-!-
BL VD.
N 88°4.6,'58'' W
ACTUAL POINT oF BEGINNING
3oo.0o
,¢~<)UTHERLy PoRTloW OF LoT 4-Tr(,hCT4q78 To BE DEDICATED tN FEE TO
THE C/TY oF DUI}LIN.
WILSEY&HAM ,,,,,,. ,,,.'.o,, ,,.,....,,,,.
San Re/non, Ce/lfornta 94583
ENGINEERING AND PLANNING SEATa~S (5.tO) 275-977C
hb~o Im}i,i;.z,.mts Lind Dfrtl~t
SCALg:
!"=
DATE:
/~/~/~
JOB ~E1
DRW. NO.
LOT 5
TRACT 4978
DUBLIN BOULEVARD EXTENSION
THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF
ALAMEDA, STATE OF CALIFORNIA BEING A PORTION OF LOT 5 OF TRACT 4978
RECORDED JULY 5, 1984 IN BOOK 145 OF MAPS AT PAGES 3 THROUGH 5 IN
THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF THE
AFOREMENTIONED TRACT 4978; THENCE SOUTH 88°46'58'. EAST (SOUTH
88°46'58" EAST ALONG THE SOUTHERLY LINE OF TRACT 4978 WAS TAKEN AS
THE BASIS OF BEARING FOR THIS DESCRIPTION) ALONG THE SOUTHERLY LINE
OF TRACT 4978, 1189.03 FEET TO.THE SOUTHERLY CORNER COMMON TO LOTS
4 AND 5 OF TRACT 4978 AND THE ACTUAL POINT OF BEGINNING; THENCE
ALONG THE LINE COMMON TO LOTS 4 AND 5, NORTH 01°13'02" EAST 78.50;
THENCE LEAVING SAID COMMON LINE TO LOTS 4 AND 5 ALONG A LINE
PARALLEL TO THE SOUTHERLY LINE OF TRACT 4978 SOUTH 88°46'58'' EAST
448.48 FEET; TO THE EASTERLY LINE OF TRACT 4978; THENCE ALONG SAID
EASTERLY LINE OF TRACT 4978, SOUTH 46°28'47" EAST, 116.63 FEET TO
THE SOUTHEASTERLY CORNER OF LOT 5 TRACT 4978; THENCE ALONG THE
SOUTHERLY LINE OF LOT 5 NORTH 88046'58" WEST 534.74 FEET MORE OR
LESS TO THE ACTUAL POINT OF BEGINNING
SAID PARCEL CONTAINS 0.8859 ACRES MORE OR LESS ~ ~
DO ALD HOBBS, LS 4807
EXPIRATION DATE 9/30/92
LOT 5
TRACT 4978
CHABOT ROAD
THAT REAL PROPERTY SITUATED IN THE CITY OF DUBLIN, COUNTY OF
~DA, STATE OF CALIFORNIA BEING A PORTION OF LOT 5 OF TRACT 4978
RECORDED JULY 5, 1984 IN BOOK 145 OF MAPS AT PAGES 3 THROUGH 5 IN
THE OFFICE OF THE RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF THE
AFOREMENTIONED TRACT 4978; THENCE SOUTH 88°46'58" EAST (SOUTH
88o46'58'' EAST ALONG THE SOUTHERLY LINE OF TRACT 4978 WAS TAKEN AS
THE BASIS OF BFatRING FOR THIS DESCRIPTION) ALONG THE SOUTHERLY LINE
OF TRACT 4978; 1189.03 FEET TO THE SOUTHERLY CORNER OF LOTS 4 AND
5; THENCE NORTH 01o13'02" EAST ALONG THE LINE COMMON TO LOT 4 AND
5, 78.50 FEET; THENCE SOUTH 88o46'58" EAST AND PARALLEL TO THE
SOUTHERLY LINE OF TRACT 4978, 303.66 FEET TO THE INTERSECTION OF
THE NORTHERLY LINE OF DUBLIN BOULEVARD EXTENSION AND THE WESTERLY
LINE OF CHABOT ROAD AND THE AETUALPOINTOF BEGINNING; THENCE NORTH
46°13'02" EAST 45.25 FEET; THENCE NORTH 01°13'02" EAST 70.67 FEET
TO THE EASTERLY LINE OF TRACT 4978; THENCE SOUTH 46028'47'' EAST
ALONG SAID EASTERLY LINE OF LOT 5 TRACT 4978, 152.54 FEET TO THE
NORTHERLY LINE OF DUBLIN BOULEVARD EXTENSION, SAID POINT BEING
78.50 FEET MEASURED AT RIGHTANGLE FROM THE SOUTHERLY LINE OF TRACT
4978; THENCE NORTH 88°46'58" WEST PARALLEL TO THE SOUTHERLY LINE
144.82 FEET TO THE ACTUAL POINT OF BEGINNING
SAID P/LRCEL CONTAINS 0.1447 ACRES MORE OR LESS
DONALD HOBBS, LS 4807
EXPIRATION DATE 9/30/92
f
WILSEY&HAM
ENGINEERING AND PLANNING SEllVICES
2894 Bishop Drive, Suite 210
San Rsmon, Cal~ornta 94563
(510) 275-9770
SCALE: JOB NUMBER:
DATE: DRW. NO.
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