The URL can be used to link to this page

Home My WebLink AboutAttach9 X AppendicesThe Marketplace at Hacienda (Parcel APN: 986-0005-040) Appendix A A preliminary title report documenting ownership, prepared within the last three months, follows this page of the application. The Marketptace at Hacienda Development Approvals Application - Appendices January 2004 CHICAGO TITLE COMPANY PRELIMINARY REPORT Regarding: THIRD UPDATED vacant land, Parcel 2, PM 7714 Dublin, California Dated as of: June 12, 2003 Order No.: 912602 - MG at 5:00 PM CHICAGO TITLE COMPANY hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception in Schedule B or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations of said Policy forms. The printed Exceptions and Exclusions from the coverage of said Policy or Policies are set forth in the attached list. Copies of the Policy forms are available upon request. Please read the exceptions shown or referred to in Schedule B and the exceptions and exclusions set forth in the attached list of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title Insurance policy and should be carefully considered. It Is Important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land. I'HIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILITATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY. IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BE REQUESTED. The form of policy of title insurance contemplated by this report is: American Land Title Association Owner's Policy (10-17-92) Visit Us On The Web: Title Depa~ment: ~ CHICAGO TITLE COMPANY 590 Ygnacio Valley Road, Suite 300 Walnut Creek, California 94596 (925) 974-4700 westerndivision.ctt.com Escrow Department: CHICAGO TITLE COMPANY One Kaiser Plaza, Suite 745 Oakland, California 94612 (510) 451-8888 fax: (510) 465-0738 Escrow No.: 000912602 MARK GOODRICH TITLE OFFICER Kris Owens ESCROW OFFICER PFP -08/05/99b)~ SCHEDULE A Order No: 912602 MG Your Ref: 1. The estate or interest in the land hereinafter described or referred to covered by this report is: A FEE 2. Titletosaidestateorinterestatthedatehereofisvestedin: SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA, CORPORATION CALIFORNIA, A PUBLIC 3. The land referred to in this report is situated in the State of California, County of Alameda and is described as Allows: CITY OF DUBLIN PARCEL 2, PARCEL AT PAGES 30 33, ASSESSOR'S PARCEL NO. MAP 7714, FILED AUGUST 1, 2001, IN BOOK 260 OF PARCEL MAPS, ALA,~EDA COUNTY RECORDS. 986-0005-040 PREA -'10/3 ~1/97bk SCHEDULE B Page 1 Order No: 912602 MG Your Ref: At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in the policy form designated on the face page of this Report would be as follows: 1. County and city taxes for the Fiscal Year 2003 - 2004, a lien not yet due or payable. 2. The Lien of Supplemental Taxes, if any, assessed pursuant to the provisions of Chapter 3.5, Revenue and Taxation Code, Sections 75 et seq. 3. Waiver of Claims for damages to said property by reason of the location, construction, landscaping or maintenance of the freeway adjoining said property as set forth in the deed to the State of California, recorded MAY 2, 1944, BOOK 4549, PAGE 68, SERIES NO. RR-26599, OFFICIAL RECORDS. 4. Lack of Abutter's rights in and to the freeway adjacent to the southerly and southeasterly lines of said property, said rights having been released and relinquished by deed to the State of California, recorded MARCH 3, 1969, REEL 2357, IMAGE 287, SERIES NO. 69-23789, OFFICIAL RECORDS, and to THE CITY OF PLEASANTON by instrument recorded DECEMBER 9, 1993, SERIES NO. 93431464, OFFICIAL RECORDS. Terms and conditions contained in the instruments last above referred to. 5. Easement, upon the terms, covenants and conditions thereof, for the purposes stated therein and incidental purposes created in that certain instrument Recorded : APRIL 18, 1969, REEL 2386, IM3%GE 375, SERIES NO. 69-43369, OFFICIAL RECORDS Granted to : PACIFIC GAS AND ELECTRIC COMPANY Purpose : ELECTRIC EASEMENTS AND GAS PIPELINES Affects : SOUTHERLY AND SOUTHEASTERLY PORTIONS NOT QUITCLAIMED BY INSTRUMENT RECORDED DECEMBER 26, 1995, SERIES NO. 95298042, OFFICIAL RECORDS 6. Easement, upon the terms, covenants and conditions thereof, for the purposes stated therein and incidental purposes created in that certain instrument Recorded Granted to Purpose Affects MAY 17, 1994, SERIES NO. 94188323, OFFICIAL RECORDS PACIFIC GAS AND ELECTRIC COMPANY UNDERGROUND GAS PIPE LINE AND ABOVE GROUND ELECTRICAL POLE LINES : SOUTHERLY AND SOUTHEASTERLY PORTIONS 7. Notice of Agreement to provide School Facilities Mitigation, upon the PRE8 -~10/3 !/'aTbk Page 2 Order No: 912602 SCHEDULE B (continued) MG Your Ref: terms, provisions, covenants and conditions contained therein Dated Executed By Recorded Revised APRIL 23, 1996 ALAMEDA COUNTY SURPLUS PROPERTY AUTHORITY AND DUBLIN UNIFIED SCHOOL DISTRICT : MAY 23, 1996, SERIES NO. 96124923, MAY 16, 1997, SERIES NO. 97123056, OFFICIAL RECORDS J 8. Covenants, conditions and restrictions and grants of easements in and over common areas, but omitting any covenant or restriction, if any, based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenant (a) is exempt under Chapter 42, Section 3607 of the United States Code or (b) relates to handicap but does not discriminate against handicapped persons, as contained in that certain instrument Entitled : DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Executed by : SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY Recorded : SEPTEMBER 24, 1996, SERIES NO. 96244777, OFFICIAL RECORDS NOTE: Section 12956.1 of the Government Code provides the following: If this document contains any restriction based on race, color, religion, sex, familial status, marital status disability, national origin, or ancestry, that restriction violates state and federal fair housing laws and is void, and may be removed pursuant to Section 12956.1 of the Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 9. Easements as follows as shown on the filed map of Parcel Map 7233 For : PUBLIC SERVICES Affects : A PORTION OF THE EASTERLY 10 FEET For : STORM DR3%INAGE Affects : SOUTHERLY AND SOUTHEASTERLY PORTIONS 10. Easement, upon the terms, covenants and conditions thereof, for the purposes stated therein and incidental purposes created in that certain instrument Recorded Granted to Purpose Affects DECEMBER 14, 2000, SERIES NO. 2000366224, OFFICIAL RECORDS DUBLIN SAN RAMON SERVICES DISTRICT WATER LINE PORTIONS ALONG THE WESTERLY AND SOUTHERLY BOLINDARY AS SHOWN ON THE PLAT ATTACHED THERETO L- 11. Easement, upon the terms, covenants and conditions thereof, for the PREUMSC-O/23/93bk Page 3 Order No: 912602 SCHEDULE B (continued) MG Your Ref: purposes stated therein and incidental purposes created in that certain instrument Recorded Granted to Purpose Affects DECEMBER 14, 2000, SERIES NO. 2000366225, OFFICIAL RECORDS DUBLIN' SAN RAMON SERVICES DISTRICT WATER PURPOSES PORTIONS ALONG WESTERLY BOUNDARY M 12. Easements as follows as shown on the filed map of Parcel Map 7714 For : PUBLIC SERVICE Affects : NORTHERLY 10 FEET; WESTERLY 10 FEET; A For Affects For Affects For Affects SOUTHWESTERLY PORTION; A 15 FOOT STRIP IN THE WESTERLY PORTION SIDEWALK WESTERLY 10 FEET; A STRIP ALONG THE NORTHERLY LINE; A STRIP ALONG THE WESTERLY LINE; THE SOUTHWESTERLY COR/qER STORM DRAIN A 20 FOOT STRIP IN A SOUTHERLY AND SOUTHEASTERLY PORTION; A SOUTHWESTERLY PORTION : TRAFFIC SIGNAL : A WESTERLY PORTION; A NORTHERLY PORTION 13. Development Agreement, upon the terms, provisions, covenants and conditions contained therein Dated Executed By Recorded FEBRUARY 20, 2001 CITY OF DUBLIN, COMMERCE ONE, INC. AaND THE SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA NOVEMBER 9, 2001, SERIES NO. 2001440502, OFFICIAL RECORDS 14. Easement, upon the terms, covenants and conditions thereof, for the purposes stated therein and incidental purposes created in that certain instrument Recorded Granted to : Purpose : Affects MAY 23, 2003, SERIES NO. 2003301785, OFFICIAL RECORDS THE CITY OF DUBLIN STORM DRAIN. A WESTERLY PORTION DESCRIBED THEREIN 15. Any rights, interests or claims which may exist or arise by reason of the following matters shown by an ALTA/ACSM survey of the land made by BKF Engineers, dated August 22, 2002 and designated Job No. 020123: (A) FIRE HYDRANTS AT VARIOUS LOCATIONS THROUGHOUT THE PROPERTY (B) SANITARY SEWER MANHOLES AT VARIOUS LOCATIONS THROUGHOUT THE PROPERTY PREUMBC-S/23/93bk Page 4 Order No: 912602 SCHEDULE B (continued) MG Your Ref: AND NOTED BY THE SURVEYOR AS "ABANDONED" TAX NOTE: The subject property is not assessed for taxation purposes for the fiscal year 2002-2003 A. P. No. : 986-0005-040 Code Area : 26-021 MG 07/11/02 MG 09/09/02 Amend/Update MG 05/09/03 2nd Update MG 07/11/03 3rd Update PRELIMBC-9/23/93bk ASSESSOR 'S SCALE= I' = 500' oo~ GLEASON 14 MAP 986 :~ueumzoD ~ go Code Area Nos. 26-021 RANCHO SAN RAMON (J.M. AMADOR) MA? OF THE PROPERTY OF THE ESTATE OF E.A.DOUGHERTY e/?s P. M. 7355 P. M. 7708 P. M. 77 14 ~o/~ ")m!rarta~: Thls plat i~ not a surve~r. It Is merely fumlshod as ~ ,t-mvPnien~ ~ ~te t)~ tand in ;e;at)o~ to adjolnin~ stree[s t~s, ~ or PORTION CENTR~~ 28 14 ~' ~ D UBL I N o I I DIOITAL { Z.9~ AC.t REMA I ~ER PARCEL 251.25 AC.~ 27.54 AC.* II I1 GLEASON 29 15 DRIVE 985 22 17 g 9 PARKWAY BOULEVARD 20 BOULEVARD 17 16 ~6 9. r4 AC.i: ACM: a8 SBE.' 45,55B REYF~ P.M.?I I~ 232/53 · P.M.?125 232/64 , P.M. 72.50 HPN: 40 Ik~) PG.' 2 19-001 Ill rill 'ARNOLD R'OAD (FOR'IdE~'Ly ROAD ANO S£BILLE ROA ARNOLD :~ ROAD N 01"'2.1'35' £ / 477.74' (1] i/ N 01'2's'-~,~- - ~. ~l°~r~- ~ ~ .: ARNOLD ~.~ ROAD 01 "'23'35' r a77-74° (1] .,,~ N ~J N 01~'~'E 01'23"35' E 477.74' (1] :_ _ _ La4_,~'_ ARNOLD ROAD (FORMERLY OXSEN ROAD AND $£BILLE ROAD) HACIENDA DRIVE -I · CHICA60 TITLE Eccor. ding requested by and when recorded mail to: COMPA~ , ':,y of Dublin .n: City Clerk 100 Civic Plaza Dublin, Ca. 94568 .SPACE ABOVETHIS LINF_ FOR RECORDEI~S USE 9 \ Grant of Easement FOR VALUABLE CONSIDERA'IION, receipi of which is hereby acknowledged. TI 1E SUPd~I.US PROPERTY AUTHORITY OF ALAMEDA COUNTY. a Surplus Property Authority created under thc Municipal Federal Surplus Property Authority Law, Cai Government Code SS40500 hereb.v ("Grantor") GRANTS to the CFFY OF DUBI.IN, a Municipal Corporation and Governmental Agency {"Gramce"), the following described easement for stom~ drain purposes in the City of Dublin. County of Alameda, State of California: SEE EXHIBIT "A" AT'FACHED ItEREFO AND MADE A PART HEREOF. By:. X~l~'~-~r~inelli, M~mager .- STATE OF CALIFOILNIA COUNTY OF WITNESS my hand and official seal. Sig,,ature .. (~.4_,4(x _j'~?gC._'g/'~ .me (typed ~ printefl), Notaw ~ublic for said Coun~ ~d S~te. On ~e~., } q, ~ O[~_ belbrc mc, [~ umc, '~t~ ~ __ a Not~ Public in ~d lbr Co~m~ and State, personally appeared ~&o[7¢ Moc~e personally htom to me (or proved to me on the b~is of satisfacto~ evidence) to ~ the pemon(s) xvho~e name(s) iffme subscribed to fl~e wiflfin instrumem ~d ac~owledged to me that he/she/they execta~ ~c in hisSer/their authorized capacity(les) ~d by bis~er/~eir signmum(s) on the inst~ment the pemon(s), or the cntiB' u~n I~half of which ~e person(s) acted, execmed ~e instrument. Comm. t1278303 MOTA~Y ~etmc. CALIFOI~aA Cv, h~rn ~c,, (scad ILLEGIBLE NOTARY SEAL DECLARATION (Government Code 27361.7) I Declare under penalty of perjury that the notary seal on the Document to which this statement is attached, reads as follows: NAME OF NOTARY PUBLIC: L COMMISSION NUMBER: NOTARY PUBLIC STATE: CALIFORNIA COUNTY: ALAMEDA MY COMM. EXPIRES: SIGNATURE OF DECLARANT: pRINT NAME OF DECLARANT: ... Harmony S. Santoro CITY & STATE OF EXECUTION: Walnut Creek, California DAq'E SIGNED: ~'/~ ~.__~~ THE ABOVE INFORIvlATION MUST BE LEGIBLE FOR SCPuNNh-'qG. B'kr L alNEERS SURVEYORS PLANNERS August 12, 2002 BKF Pn)ject No. 94015g- 14-04. EASEMENT DESCRIPTION STORM DRAIN EASEMENT All lhat certain real properly situate in the City of Dublin, Count)' of Alameda, State of California and described as follows: BEING a portion of Parcel 2 as said parcel is shown on that cenKln map entitled "PARCEl. MAP 7714", filed August l, 2002, in Book 260 of Parcel Maps at Pages 30 through 33. inclusive, in the Office of the Recorder of Alameda County, said portion being more particularly described as follows: CONLMENCLNG at the northeasterly corner of Storm Drain Easement #3 (SDE ~:3) as shown on said map (260 PM 30); TtIENCE westerly along thc northerly line of satd Storm Drain Easement #3 North 88°48'14'' West 21.58 feet to the POINT OF BEGINNING: THENCE along said northerly line North 88°48'14" West 38.42 feet to lhe northwesterly comer of said Slorm Drain Easement #3; THENCE along the westerly linc of said Storm Drain Easemenl #3 South 01°11'46' West 4.71 feet; THENCE leaving said westerly line North 33°36'1 l" West 99.28 feet tO the easterly right of way line of Arnold Road (right of way varies) as shown on said map (260 PM 30); TIIENCE northerly along said easterly right of way line North 01°23'35'' East 34.87 feet: THENCE leaving said easterly right of way line Soulh 33°36'11' Easl 49.74 feet; THENCE North 00~07'13' East 450.31 feet to ihe ~autherly prolongation of said easterly right of way line: TlIENCE along said ~utherly prolongation and said easterly right of way line North 03°33'24'' Ea.,,t 278.45 feet: THENCE leaving said easterly right of way line North 13°09'06'' East 38.51 feet to the southerly right of way line of Digital Drive (right of way varies) as shown on said map (260 PM 30): THENCE easterly along said southerly right of way line the following two (2) courses: i) North :t6°33'45'' East 14.41 feet; 2) South 88°16'05'' l~ast 12.31 feet: THENCE leaving said southerly right of way line South 13°09'06" West 51.30 feet; TttENCE South 03~33'24" West 276.17 feet; THENCE South 00°07'lY' West 454.02 feet: THENCE South 33°36'11'' East 81.48 feet to the POINT OF BEGINNING. Containing an area of 1%048 square lc'et. more or less. A plat showing Iht above described easement is aitached hereto and made a Part hereof as Exhibit "B". This descfiptiort.~asXgOpared for BKF Engineers. ~....~_._. ,</.' ...... . /t: ) q.: ' ".:-::,' .--'"'""~ Barry T. Williams P.L.S. No. 6711 !t" License expires: 06/30/04 k:\~ur94\940158.50~scription~\pm7714-sd.doc Exhibit "A' Page I of I ~HI' I- I i IIk N 13~09'06" E PARCEL 4. PARCEL IvIAP 7895 254 PM 28 N 00~07'13' E 450.3)' S 33~36'11" E 49.74' N 01'23'35" 34,87' N 33°56'11" W 99.28' $ 01~11'46" 4.71' PARCEL. ] PARCEL MAP 77!4 260 PM 30 46'.33'45" E 14.41' DIGITAL DRIVE 88'16'05" E 12.51' ~.~K~S, 13~9'06" W 51.30' STORM DRAIN /--- EASEMENT · 19,04.8 SF~ (",4 o / ,.: / .- -,,,// ---- 20' / /'~"'-- SDE#~ iI iI // /! /! // // // // PARCEL 2 PARCEL ~4j~p 77 ] 4 2OO plvJ 30 260 PM ,30 TO 8£ QUITCLAIMED GRAPHIC SCALE 0 75 1~ 3,00 // 81.48' E 1 inch = 150 feet i ~ .~, [----SDE *#2 T(~'t~.-(~ FI ~ 260 PM 30 ---- ~o ........... ---:------::::: ; -7,1-[ · N 88'48'14" W-- SDE ~3 38.42' 260 PM 30 HIGHWAY ROUT[ 580 EXHI[91T CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA 2737 North Idoin Street Wolnut Creek, CA 94596 510/940-2200 510/940-2299 ORA×) I I Subject .PLAT TO. ACCOI4O~ STORM DRA I N EASEMENT DESCR I PT ION Job No. 940158-14-04 By MLM Dote 08/12/02 Chkd. BTW SHEET I OF 1 ....... CITY OF DUBLIN' CERTIFICATE OF ACCEPTANCE ' (.Ca.!ifornia Government C.o. de § 27_28.!)., This is to certify that the interest in the real property to be conveyed by the GRANT OF EASEMENT executed on September 18, 2002 by THE SURPLUS PROPERTY AUTHORITY OF ALAMEDA COUNTY, a Surplus Property Authority created under the Municipal Federal Surplus Properbj Authority Law, Cai Government Code SS40500 is accepted by the undersigned officer or agent on behalf of the City Council of the City of Dublin, pursuant to authority conferred by Resolution No. 8-03 of the Dublin City Council adopted on February 4, 2003, and the Grantee consents to recordation thereof by its duly authorized officer. ,~Tr~et Lockhart, Mayor City of Dublin 100 Civic Plaza Dublin, CA 94568 CITY OF DUBLIN 100 Civic Plaza. Oublif;, Ca~iiornm 94568 Web$ite: http://www, ci.dublln,ca.us I hereby certify under penalty of perjury that the attached Resolution No. 8 - 03, adopted by the City Council on February 4, 2003, is a true and accurate copy of said document taken from the official files of the City of Dublin, By: F~c_~. _ -'"' ~./~y ~i~rk Area Code (925) · Cily Manager 833-6650 · City Council 833-6650 · Personnel 833-6605 · Economic Development 833-6650 Finance 833-6640 * Public Works/Engineering 833-6630 · Parks & Community Sorvices 8,33-6645 · Police 833,6670 Planning/Code Enforcement 833-6610' - ~uilding Inspeclion 833-6620 · Fire Prevention Bureau 833-6606 Printed on Recycled Paper RESOLUTION NO. S - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN SUMMARHN VACATING STORM DRAIN EASEMENT ENCUMBERING PARCEL 2 OF PARCEL MAP 7714 AND ACCEPTING GRANT OF REPLACEMENT EASEMENT (STREETS AND HIGHWAYS CODE CHAPTER 4) WHEREAS, a 20'-wide Storm Drain Easemem (S.D.E.) was dedicated on Final Parccl Map 7714 (Book 260 of Maps, at Pages 30-33) across Parcel 2 and subsequently accepted by the City on June 5; 2001; and WHEREAS, no public improvements have been installed within the easement area; and WHEREAS, after considering the City's Eastern Dublin General PlanJSpecific Plan Amendment processed for the Santa Rita Properly, the City Council finds that modifying thc easement to better utilize Parcel 2 is not inconsistent with thc Eastern Dublin Specific Plan rcquircments, and this easemcm abandonment is therefore not inconsistent therewith; and WHEREAS, a replacement 20'-wide easement has been granted over Parcel Map 77I 4, Santa Rita Property, by thc Alameda Count)' Surplus Property Authority in a manner consistent with the Tentative Map for ~id tract approved by the Planning Commission as Resolution No. 01-02; and WllE~EAS, it is to the benefit ofthe City to .vacate said easemcn! as Provided in Chapter 4 of the Streets and Highways Code; NOW, THEREFORE, BE IT RESOLVED that the 20'-wide Storm Drain 'Easement (S.D.E.) across Parcel 2 of Parcel Map 7714, as more particularly described on the Ea.mment Quitclaim Deed attached hereto, is no longer necessary, and is hereby summarily vacated, while thc remaining S.D.E.'s within hid Parcel Map 7714 remain in BE 1T FURTHER RESOLVED over Parcel 2 dedicated to the Alameda full force and effect. that the City. Council accepts thc grant ora replacement easement County Surplus Property Author/ty. BE IT FURTHER RESOLVED that the City Council hereby directs and authorizes the Mayor to execme the Easement Quitclaim Deed and the Grant of Easement. BE IT FURTHER RESOLVED that thc City Clerk shall assure that the executed Easement Quitclaim Deed and Grant of Easement, along with a certified copy of this Resolution attached, is transmitted to the County Recorder for recording. PASSED, APPROVED AND ADOPTED this 4th day of February, 2003. AYES: NOES: None ABSENT: None ABSTAIN: None Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Loc.khan Mayor K2/G/2-4-03/reso7714.doc (l~cm 4.2) The Marketplace at Hacienda (Parcel APN: 956-0005-040) Appendix B One set of Public Notice Materials, in the format requested in the City of Dublin requirements, is bound separately and submitted with this application. The Marketplace at Hacienda Development Approvals Application - Appendices January 2004 The Marketplace at Hacienda (Parcel APN: 956~0005-040) Appendix C The project traffic report has been prepared by Fehr 15 Peers Associates, Inc and is submitted under a separate cover. The Marketplace at Hacienda Development Approvals Application - Appendices January 2004 The Marketplace at Hacienda (Parcel APN: 986-00054)4t)) Appendix D Included in this appendix are copies of the following: 1. A letter report by Levine Fricke, dated July 31, 2002, summarizing previous environmental assessments for Areas A and B, 2. A letter report by Levine Fricke, dated October 9, 2003, presentin8 the results of a limited soil sampling program of Areas A and B, A report by Levine Fricke, dated October 9, 2003, entitled Risk Management Plan, Commerce One Parcel, Hacienda Drive and 1-580, Dublin, California establishing procedures to be followed when developing Areas A and B. A copy of item 1, above, follows this page. Two copies of items 2 and 3 are submitted under a separate cover. The Marketplace at Hacienda Development Approvals Application ' Appendices January 2004 July 31, 2002 J#of · ,,~ -- Post-it~ Fax Note 7671 Date t¥ I~.. Jpages- O Co./Dept. Co. J ' Phone ~ Phone ~ "ILFR LEVINEoFRICKE 01-09071-00-001 Mr. Doug Greenholz IKEA Property, Inc. 335 Brunell Drive Oakland, California 94602 Subject: Due Diligence Environmental Review, Commerce One Parcel, Hacienda Drive and Interstate 580, Dublin, California Dear Mr. Greenholz: INTRODUCTION At your request, LFR Levine-Fricke (LFR) has performed a review of environmental documents prepared by other consultants for a parcel of land at the northwestern quadrant of Hacienda Drive and Interstate 580 in Dublin, California ("the Site"). The purpose of our review was to evaluate subsurface conditions at the Site. This work was authorized by an executed copy of our prop~)sal dated June 26, 2002, and signed by Mr. George Ferrara. IKEA Property, Inc. ("IKEA") is considering purchasing the 27-acre Site for developing a new store. The Site was formerly part of Camp Parks and contained a railroad siding serving several warehouse buildings. Approximately 17 acres of the Site will be developed with an approximately 350,000-square-foot building, a five-level parking structure, at-grade parking, utilities, and landscaping. The remaining 10 acres will be developed in the future with three smaller buildings, at-grade parking, landscaping, and utilities. Additional details of the project are unknown to LFR at this time. SITE RECONNAISSANCE Lita Freeman of LFR visited the Site on July 9, 2002, to observe existing site conditions. At the time of the visit, the Site was undeveloped land covered with grasses and weeds. The surface soils across a majority of the Site could not be observed during the visit due to the presence of heavy vegetation. A large soil stockpile (approximately 100-feet long, 20-feet wide, and 8-feet high) was observed on the eastern border of the Site. The stockpile was covered with vegetation, and no evidence of debris or staining was noted on or around the stockpile. According to Mr. Rod Freitag of the Alameda County General Services Agency (ACGSA), the stockpile is likely derived from on-site soil 1900 Powell Street, 12th Floor, Emeryville, California 94608-1827 · (510) 652-4500 ° fax (510) 652-2246 · www. lfr. com Offices Worldwide la"ILFR amassed during grading of the Site. A concrete/asphalt rubble pile was noted near the northeastern corner of the Site; this pile may be located just off site rather than on site. A large drainage ditch was present along the southern border of the Site. Warning markers for a buried fiber optics cable and what appeared to be a natural-gas pipeline vent pipe were also observed along the southern border. Several storm-drain catch basins were present across the Site. In addition, wooden stakes that appeared to have been set during a survey of the Site were noted at various on-site locations. Several rectangular-shaped areas with less dense vegetation were observed on the central portion of the Site. These areas appeared to correspond to the locations of the former warehouse structures. No evidence of concrete foundations, floor slabs, or underground piping was observed in these areas. No evidence of the railroad track that reportedly crossed the Site in the past was observed during the visit. REVIEW OF ENVIRONMENTAL DOCUMENTS Ms. Freeman of LFR visited the offices of ACGSA on July 12, 2002, to review environmental reports prepared for the Site and surrounding parcels. These reports were provided by Mr. Freitag. A summary of the findings from our review of these reports is presented below. Versar, Inc. ("Versar") Report Versar (1994) performed a Phase I Environmental Site Assessment (ESA) of the Camp Parks property, of which the Site is a part, in 1994 for ACGSA. According to information presented in Versar's report, Camp Parks was formerly named Camp Shi~emaker. Portions of Camp Parks have been occupied by the United States military from the late 1930s to the present. Versar noted that the warehouses located on the Site were used by the military and Alameda County for storage of dry goods and were served by a railroad spur. During Versar's site reconnaissance, an approximately 100-gallon gasoline aboveground storage tank (AST), a 500-galion liquefied petroleum AST, and small quantities of paint, lube oil, roofing tar, isopropyl alcohol, and formaldehyde were observed in and around the warehouse. Versar did not note concerns with the storage of these materials other than the presence of roofing tar on cracked asphalt pavement. One 55-gallon drum of an oil/water mixture was also noted at the warehouses. Versar stated that this drum was approximately half full and that evidence of leakage onto a cracked concrete pad beneath the drum was observed. Versar's report did not indicate the exact location of these ASTs and materials; therefore, it is not known if these items were on or off site. A map prepared by Versar did not indicate the presence of an underground storage tank (UST) on the Site; however, it is our understanding that unknown USTs have been encountered on the former Camp Parks area during construction activities. ltr-ikea-env-09071 :GAC 2 Ia"'ILFR According. to information presented by Versar, transformers containing polychlorinated biphenyls (PCBs) that serviced the warehouses were replaced in the early 1990s. Versar's report did not indicate the locations of the transformers or mention staining in the area around them. An incinerator was present immediately northeast of the Site. Versar noted that a fuel AST may have been associated with this incinerator as a cradle for an AST was observed in this area. Erler & Kalinowski, inc. (E&K) Report E&K (1998) performed a subsurface investigation of and screening human health risk assessment for the Site (designated Parcel 16B) and adjacent parcels to the north (designated Parcel 16A) and west (designated Option Area Parcel). E&K noted that the Site and adjacent parcels were used for agricultural purposes until the early 1940s. Between the early 1940s and the mid-1990s, structures used by the military and later by Alameda County were present on the Site. The structures located on the Site included an athletic field house, a guest reception lounge, a gatehouse, a number of dry storage warehouses (total of six with a portion of a seventh) located along a railroad spur, and an underground fuel oil storage depot. The investigation include/t a geophysical survey of the southeastern portion of the Site in the:area of the former fuel oil storage depot. Anomalies indicative of buried metallic objects were noted during the survey. According to E&K's report, 7 or 8 trenches, measuring between 10 and 30 feet in length, 5 feet in width, and 7 feet in depth, were excavated in the area of the anomalies. Debris uncovered included approximately 100 linear feet of 6-inch-diameter steel pipe, concrete debris with rebar, and wood debris. No USTs were encountered in the trenches. The report noted that the trenches were backfilled with excavated soil and that the soil was not compacted. A total of five soil borings were advanced along a railroad spur that formerly crossed the adjacent parcel and the Site. Three of these borings (designated RR-3, RR-4, and RR-5) were located on the Site. Shallow soil samples, reportedly collected of native soil immediately below the ballast, were analyzed for chlorinated herbicides, total extractable petroleum hydrocarbons (TEPH), and California Code of Regulations (CCR) Title 22 metals. Chlorinated herbicides were not detected at concentrations equal to or greater than the laboratory reporting limits in the samples collected from the Site. TEPH was detected in samples RR-4 and RR-5 at concentrations of 2.9 milligrams per kilogram (mg/kg) and 6.6 mg/kg, respectively. These concentrations do not appear to present a significant environmental concern to the Site. Various CCR Title 22 metals were detected in the three samples collected from the Site. The concentrations of the metals were generally less than their respective U.S. Environmental Protection Agency (EPA 2001) Region IX Preliminary Remediation Goals (PRGs) for residential soils. Arsenic was detected at concentrations of 3.4 to 15 mg/kg, greater than the PRGs of 0.39 mg/kg and 2.7 mg/kg for residential and industrial soils, respectively. However, these arsenic concentrations are within the typical background concentrations of arsenic in soils (up to 11 mg/kg; Itr-ikea-env4Yg071 :GAC 3 I "ILFfl Kearney Foundation of Soil Science 1996) and/or the 95 percent upper confidence level for naturally occurring background concentrations of 19.1 mg/kg (Lawrence Berkeley National Laboratory 1995). E&K collected grab groundwater samples from 10 borings located on the Site and adjacent parcels. Volatile organic compounds (VOCs) were detected in groundwater samples collected from the parcel adjacent to the north of the Site. This VOC plume did not appear to extend onto the Site as VOCs were not detected in groundwater samples collected from borings located im/nediately north of the Site (inferred upgradient direction). Three of these ten borings (designated P-5, P-6, and P-7) were advanced on the Site. No VOCs, other than xylenes, were detected in the groundwater samples collected from these borings at concentrations equal to or greater than the laboratory reporting limits. Xylenes were detected in the groundwater sample from boring P-6, located near the southwestern corner of the Site, at a concentration of 6.6 micrograms per liter (3tg/1). Total petroleum hydrocarbons as diesel (TPHd) was detected in the groundwater sample from boring P-7, located at the former fuel oil storage depot, at a concentration of 120,000/xg/1. Eight additional borings were advanced in the area of the former fuel oil storage depot by E&K. TPHd was detected in groundwater samples from two of these borings at concentrations of 110 ~g/l (boring FD-7) and 180/xg/1 (boring FD-8). The laboratory noted that the hydrocarbons detected appeared to be "weathered diesel." Borings FD-7 and FD-8 were reportedly located approximately 55 feet in the inferred downgradient direction from the former fuel oil storage depot. TPHd was not detected in the groundwater samples from the remaining borings around the former fuel oil storage depot at concentrations equal to or greater than the laboratory reporting limit, which was generally listed as 50 ttg/l; however, the laboratory reporting limit for the sample from the boring located farthest downgradient of the former fuel oil storage depot'(boring FD-2) was listed as 200 tzg/1. Benzene, toluene, ethylbenzene, and xylenes were not detected in the groundwater samples from the eight borings at concentrations equal to or greater than the laboratory reporting limits. Based,on the analytical results, E&K concluded that the petroleum hydrocarbon plume near the southeastern corner of the Site did not appear to have migrated more than 55 feet from the former fuel oil storage depot area. E&K submitted the report to Mr. Scott Seery of the Alameda County Health Care Services Agency (ACHCSA) and requested official closure for the petroleum hydrocarbon plume. LFR attempted to discuss the current status with Mr. Seery; however, he was not available. Lowney Associates ("Lowney") Report Lowney (2000) conducted a Phase I ESA of the parcel adjacent to the north of the Site in 2000. Some historical information on the Site was included in this Phase I ESA report. Lowney reviewed a report that indicated asbestos-containing floor tiles, TransiteTM panels, and mastics were removed Itr-ikea-env-09071 :GAC 4 la"ILFR from the on-site buildings, which were reportedly used by Alameda County for storage of surplus equipment until 1994; the buildings were demolished in the mid-1990s. Lowney collected 15 near-surface soil samples from the parcel to the north of the Site during their assessment. These samples were analyzed for organochlorine pesticides (OCPs) and asbestos. The OCPs DDT and DDE were detected in the samples at concentrations less than their residential PRGs. Asbestos was not detected at concentrations equal to or greater than the laboratory reporting limits. Subsurface Consultants, Inc. (SCI) Report Between August and October 2001, SCI (2002) oversaw excavation of burn waste from the area of the former incinerator located immediately to the northeast of the Site. According to the map prepared by SCI, the excavation extended from the former incinerator location onto the northeastern corner of the Site. Because of the reportedly distinctive rust color of the burn waste, it was excavated based on visual observation. The portion of the excavation located on the Site had a maximum depth of 3.5 feet. The burn waste was reportedly disposed of at Chemical Waste Management, Inc. 's Kettleman Hills Landfill. Confirmation soil samples were collected following removal of the burn waste. These samples were analyzed for total lead, ahd selected samples were also analyzed for s61Uble lead. Total lead concentrations for soil samples collected from the Site generally ranged up to 130 mg/kg; however, samples CS-EW-5-2 and CS-EW-6-2.5 had concentrations of 580 mg/kg and 550 mg/kg, respectively. The highest concentration of total lead (640 mg/kg) was detected in sample CS2-2-WEST-1.5, located within the proposed roadway adjacent to the Site's northern border. It is not clear from the map if this roadway would be considered part of the Site. The California Environmental Protection Agency, Department of Toxic Substances Control has established a residential screening level of 255 mg/kg for lead, and EPA has established residential and industrial soil PRGs of 400 and 750 mg/kg, respectively, for lead. Therefore, the concentrations of lead in samples CS-EW-5-2 and CS-EW-6-2.5 would be greater.than the residential soil screening levels but less than the industrial soil screening level. CONCLUSIONS AND RECOMMENDATIONS The following conclusions and recommendations are based on our review of the available documents: Stockpiled soil is present on the Site. According to available information, the source of the soil is the Site itself. LFR recommends that consideration be given to collection and analysis of soil samples from the stockpile to establish the quality of the soil or that the material be removed from the Site before acquisition of the property. ltr-ikea-env4)9071 :GAC 5 la"ILFR According to Versar's report, a gasoline AST and small quantities of paints, oils, and an oil/water mixture were present on or near the Site in the past. These items would likely not present a significant environmental concern; however, LFR recommends that consideration be given to collection and analysis of soil samples from the areas where these materials were stored if IKEA needs information on the soil quality. Transformers with PCB-containing oils were reportedly located on the Site in the past. No information was available on potential leakage of oil from these transformers to the Site's surface soils. The presence of minor soil staining, if any, in the areas of the former transformers would likely not present a significant environmental concern; however, LFR recommends that consideration be given to collection and analysis of soil samples from these areas if IKEA needs information on the soil quality. A fuel oil storage depot was present near the southeastern corner of the Site in the past. Anomalies indicative of buried metallic objects were noted during a geophysical survey of the area. Trenches across the area revealed the presence of steel pipe and concrete debris with rebar but no USTs. LFR recommends that consideration be given to further evaluation of the area if IKEA needs to confirm that USTs are not present at this location. It should also be noted that undocumented USTs have been encountered on the Camp Parks property during past construction activities; therefore, it is possible that undocumented USTs may be present at the Site. E&K collected soil sgrnples along the railroad spur that formerly crossed the Site. Analygis of the samples did not reveal the presence of chlorinated herbicides, TEPH, and/or metals at concentrations of concern. In LFR's experience, PCBs, OCPs, phenols, and creosote are often associated with railroad tracks; therefore, LFR recommends that soil samples be collected along the former spur and analyzed for these chemicals of concern. The Site and surrounding areas were reportedly used for agricultural purposes in the past. According to Lowney's report, analysis of shallow soil samples collected from the parcel adjacent to the north of the Site did not reveal the presence of OCPs or metals at concentrations of concern. Based on the available information and similar history for the Site and adjacent parcel, it appears unlikely that OCPs or metals would be present in shallow on-site soils at concentrations of concern. However, if IKEA needs information on the soil qtiality across the Si.te, then consideration should be given to collection and analysis of shallow soil samples. Analysis of groundwater samples collected from the area of the former fuel depot indicated the presence of "weathered diesel" at concentrations up to 120,000 #g/l. E&K requested official closure of the Site from ACHCSA; however, LFR was unable to confirm if closure has been granted. LFR recommends that a closure letter be obtained from ACHCSA. In addition, consideration should be given to collection and analysis of soil samples from this area since none were collected in the past. LFR also recommends that IKEA pursue an agreement indemnifying them from future remediation work required at the Site (if any) by ACHCSA or other regulatory agencies. ltr-ikea-env-09071 :GAC 6 ia"ILFR LFR recommends that a Risk Management Plan be prepared for the Site describing procedures to be followed in the event that affected soil and/or groundwater is encountered during construction activities. It should be noted that the Site was developed in the past as part of a military installation. It is possible that abandoned utilities, including asbestos-wrapped and/or asbestos-cement pipelines, former building foundations, and/or other buried objects, are present at the Site. For a greater level of comfort regarding the presence of buried objects at the Site, a geophysi~cal survey and trenching could be performed. LIMITATIONS This work was conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. The observations and conclusions presented in this report are professional opinions based on the scope of activities, work schedule, and information obtained through the work described herein. Opinions presented herein apply to site conditions existing at the time of our study and cannot necessarily be taken to apply to site conditions or changes that we are not aware of or have not had the opportunity to evaluate. It must be recognized that conclusions drawn from these data are limited to the amount, type, distribution, and integrity of the information collected at the time of the assessment and the methods used to collect and evaluate the data; a full and complete determination of environmental risks cannot be made. Although LFR has taken steps to obtain true copies of available information, we make no representation or warranty with respect to the accuracy or completeness of this information. CLOSING LFR appreciates this opportunity to provide consulting services for IKEA. If you have any questions concerning the attached report or other issues, please contact either of the undersigned at (510) 652-4500. Sincerely, (¢~_ Lita D. Freeman, R.G., R.E.A. II Senior Geologist ibbs,~., C.I-I'G., R.E.A. II Principal Hydrogeolo-'gisC' cc: Mr. George Ferrara, IKEA U.S. General Partner, Inc. ltr-ikea-env-09071 :GAC 7 la"ILFR REFERENCES Erler & Kalinowski, Inc. (E&K). 1998. Results of Soil and Groundwater Investigations and Screening Human Health Risk Assessment for Properties Located at Hacienda Drive and Dublin Boulevard in Dublin, California. June. Kearney Foundation of Soil Science. 1996. Background Concentrations of Trace an~t Major Elements in California Soils. Prepared by the Division of Agriculture and Natural Resources, University of California. March. Lawrence Berkeley National Laboratory. 1995. Protocol for Determining Background Concentrations of Metals in Soil at Lawrence Berkeley National Laboratory. August. Lowney Associates ("Lowney"). 2000. Phase I Environmental Site Assessment and Soil and Ground Water Quality Evaluation, Cisco Systems Site 9, Dublin, California. November. Subsurface Consultants, Inc. (SCI). 2002. Investigation and Remediation, Former Incinerator/Burn Dump, Parcel 16A and Digital Drive, Santa Rita Property, Dublin, California. March. United States Environmental Protection Agency (EPA). 2001. Region IX Preliminary Remediation Goals. http : / /www. epa. g o v /re~ionO9 /waste/ sfund/prg Versar, Inc. ("Versar"). 1994. Phase I Environmental Site Assessment, County of Alameda, Santa Rita Property. January. ltr-ikea-env-09071 :GAC 8 The Marketplace at Hacienda (Parcel APN: 9564)0054)40) Appendix E Two copies each of separate soils reports for the Area A and Area B portions of the site are submitted under a separate cover. The Marketplace at Hacienda Development Approvals Application - Appendices January2004