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HomeMy WebLinkAbout4.06 DubBlvdExt SchaeferHtCZTY COUNCZL MEETZNG DATE: CITY CLERK FILE #600-30 & #600-50 AGENDA STATEMENT April 3, 2001 SUBJECT: Approval of Agreements With Schaefer Heights, Inc., and With State of California, Department of Transportation (Caltrans) for the Purchase of Property from Caltrans to Construct the Westerly Extension of Dublin Boulevard Report Prepared by: Lee S. Thompson, Public Vforks Director ATTACHMENTS: Resolution Approving Agreements with Schaefer Heights, Inc., and Caltrans for Purchase of Property from Caltrans for Construction of the Westerly Extension of Dublin Boulevard, with Agreement and Option to Purchase RECOMMENDATION:~6~ Adopt resolution approving the Agreement with Schaefer Heights, Inc., and approving the Option to Purchase with Caltrans to purchase lands along 1-580 from Caltrans for the westerly extension of Dublin Blvd. FINANCIAL STATEMENT: There is no cost to the City associated with the purchase of this property from Caltrans. Since Caltrans will not sell property directly to a private entity, the funds for the purchase have been deposited by the Developer with the City. These funds will, in tum, be paid to Caltrans for the purchase of the property. Developer is also responsible for any and all recording fees, taxes and other expenses necessary for completion of this transaction. DESCRIPTION: On August 11, 1998, the Planning Commission of the City of Dublin approved Tentative Map 6765 for the development known as Schaefer Heights. As a condition placed on the development for traffic mitigation, Schaefer Heights, Inc., was required to extend the western end of Dublin Boulevard to the Schaefer Heights development. In order to meet this requirement, a portion of right-of-way owned by Caltrans must be acquired. Caltrans is unable to sell right-of-way directly to private individuals or firms, but is willing to sell the necessary land to the City. Schaefer Heights, Inc., has requested that the City purchase the right-of-way and has deposited $15,000 with the City for this purpose and has also agreed to pay all costs of the transaction. Caltrans has transmitted an Option to Buy (Exhibit A of the Resolution) to the City for the property, and it is now g:develop\schaeferXagst agmt caltrans row COPIES TO: Rob Yohal, Schaefer Heights, Inc. ITEM NO. 4.6 appropriate for the City to enter into Agreements with both the Developer and Caltrans to effect the transaction. Schaefer Heights, Inc., has agreed to take the place of the City in all requirements for the purchase with Caltranso Staff recommends that the City Council approve the Agreement with Schaefer Heights, Inc., for the purchase of property necessary to construct the westerly extension of Dublin Boulevard, and approve the Caltrans Option to Purchase, together with the approval to transmit the required $15,000 to Caltrans, and authorize the Mayor to execute the Agreement. Page 2 RESOLUTION NO. - 01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AGREEMENT WITH SCHAEFER HEIGHTS, INC., AND OPTION TO PURCHASE WITH STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR PURCHASE OF PROPERTY TO CONSTRUCT THE EXTENSION OF DUBLIN BOULEVARD WHEREAS, Tentative Map 6765 (Schaefer Heights) was approved by the City of Dublin Planning Commission on August 11, 1998; and WHEREAS, a condition of the project required the Developer to acquire property from the State of California, Department of Transportation (Caltrans) for access to the project along Interstate 580; and WHEREAS, Caltrans has agreed to sell the required property for the extension of Dublin Boulevard for $15,000, but must sell the property to a public agency; and WHEREAS, Schaefer Heights, Inc., has deposited the required sum of $15,000 with the City of Dublin for the purchase and has agreed to take the City' s position (requirements) in the Caltrans "Option to Purchase"; and WHEREAS, the City of Dublin has agreed to be the intermediary for this exchange of land from the State of California (Caltrans) to the Developer (Schaefer Heights, Inc.). NOW, THEREFORE, BE IT RESOLVED that the City of Dublin City Council hereby approves the attached Exhibit "A" Agreement. BE IT FURTHER RESOLVED that the City of Dublin City Council hereby approves the attached Exhibit "B" , Option to Purchase, and authorizes the payment of $15,000 to Caltrans for the purchase of the property. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to sign the Agreement and Option to Purchase, and the City Clerk is hereby directed to transmit the signed Option to Purchase, together with the $15,000, to the State of California, Department of Transportation. PASSED, APPROVED AND ADOPTED this 3rd day of April, 2001. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor g:developlschaeferlreso agrnt caltrans row AGREEMENT BETWEEN THE CITY OF DUBLIN AND SCHAEFER HEIGHTS, INC., FOR THE ACCEPTANCE AND RECORDING OF A DEED FOR REAL PROPERTY NECESSARY TO CONSTRUCT AN EXTENSION OF DUBLIN BOULEVARD THIS AGREEMENT is entered into this day of ,2001, by and between the City of Dublin, a municipal corporation (hereafter "City"), and Schaefer Heights, Inc., a California corporation'(hereafter "Developer"). RECITALS A. On August 11, 1998, the City's Planning Commission approVed Developer's Tentative Map 6765, subject to numerous conditions. Developer's 'plans and tentative map, as approved by City, and the dev.elopment agreement between Developer and city provided that, prior to approval of a final map for the subdivision, Developer would be required to acquire property from the California Department of Tranpsortation (hereafter "Caltrans") sufficient ~o extend Dublin Boulevard from its current terminus to Developer's subdivision. Developer would then be required, to use a portion fo the property acquired to extend Dublin Boulevard as contemplated. B. The property necessary to extend Dublin Boulevard to Developer's subidivsion presently belongs to Caltrans, which will not sell the property directly to Developer, Therefore, City has agreed to buy the necessary property on Developer's behalf and to sell the property to Developer. Developer has deposited with City the sum of FIFTEEN THOUSAND DOLLARS AND NO CENTS (815,000.00) for the purpose of acquiring the necessary property. C. Pursuant to an agreement entitled "Option to Purchase." between the City and Caltrans, City.has agreed to purchase, and Caltrans has agreed to sell, the property identified in that agreement (4-ALA-580-2.7/23.9; DD 008141-01-01) (hereafter "Property"), a copy of which is attached hereto as Exhibit A and hereby incorporated by reference. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Accel~tance and recordation of deed. Concurrent with City's acceptance of the Director's Deed identified in Exhibit A, transferring interests in the Property from Caltrans to City, Developer agrees to accept and record the Quitclaim Deed attached hereto as Exhibit B and hereby incorporated by reference, which Quitclaim Deed shall transfer City's interests in the Property to Developer. Developer agrees to record the Quitclaim Deed with the Alameda County Recorder. As part of Developer's agreement to accept and record the Quitclaim Deed,. Developer acknowledges and agrees that the property identified therein is the same'as the property identified in the Director's Deed. ' Developer further agrees to the terms of Exhibit A. 2. Identification of Property on final maD; use of ProDertV. Subsequent to Developer taking title to the Property by accepting and recording the Quitclaim Deed, Developer shall include the Property in the Schaefer Heights development Final Subdivision Map for Tract 6765. Developer shall dedicate to City, for street purposes, the portion of the Property within Dublin Boulevard and the portions of the Property south of Dublin Boulevard, after Developer has improved those portions of the Property as provided for in Developer's plans and tentative map and the development agreement between City and Developer. The portions of the Property north of Dublin Boulevard shall be incorporated into the project's permanent open space. The foregoing dedications and designations shall be indicated on the Final Map for Tract 6765. 3. Payment' of costs by Developer. In addition to the FIFTEEN THOUSAND DOLLARS AND NO CENTS (815,000.00) already paid by Developer, Developer shall pay all recording fees, documentary taxes, and other real estate transaction taxes and fees, regardless of their designation, including escrow fees or brokers commission, if any, and personal property sales taxes, if applicable. Developer shall also pay any and all similar expenses incurred by City in purchasing the Property from Caltrans. 4. Indemnification. (a) DeMeloper shall defend, indemnify, and hold harmless City for any claim against the City of any nature 'whatsoever arising out of or in connection with Developer's purported acts or omissions on or about, or Developer's occupancy or use of, the Property or Developer's performance or non- performance under or with respect to this Agreement, except to the extent any such claim arises out of or in connection with the City's purported acts or omissions on, about or with respect to the Property or the City's performance or non-performance under or with respect to this Agreement. If any such claim is attributable to an action or omission of Developer.'s construction contractor, such contractor shall also defend, indemnify and hold harmless the City against such claim arising out of or in connection with Developer's construction contractor's purported acts or omissions on or about, or Developer's construction contractor's occupancy or use of, the Property or Developer's construction contractor's performance or non:performance under or with respect to this Agreement> except to the extent any 'such claim arises out of or in connection with the City's purported acts or omissions on, about or with respect to the Property or the City's performance or non-performance under or with respect to this Agreement. The foregoing indemnification of City by Developer shall include any claim against the City under state or federal law related to the presence of any hazardous or toxic substance on the Property or the release upon or from the Property of any such substance. Such indemnification shall apply without regard Agreement between City of Dublin and Schaefer Heights Inc. For Acceptance and Recordation of Deed November 29, 2000 Page 2 of 4 to whether, in the course of litigation, Developer is found to be City's successor- in-interest under any.legal theory. b, Upon knowledge of any such claim, the City shall notify the Developer and its construction contractor of such claim in writing. Upon receipt of such written notice, Developer, and, if appli~:able, its construction contractor, shall defend at their own expense any suit based on such claim. Such defense shall include provision of separate and independent counsel for the City where such counsel if required by the California Code of Professional Conduct, or by common law conflict of interest principles. The City shall have the right to- choose such independent counsel. If any judgment or claims against the City shall be allowed, the Developer and, if applicable, its construction contractor, shall pay or satisfy such judgment or claim and pay all costs and expenses in connection therewith. c. The obligations to defend, indemnify, and hold harmless the City above shall not apply to any claim against the City arising from d~mage caused by the City act or omission or the tortious conduct of the City. d. Developer, the City, and Developer's construction contractor shall have an affirmative duty to cooperate with one another in the conduct of any suit arising from this Agreement or from development of the Property; provided, however', that such duty to cooperate shall be limited by any conflict of interest that arises during the course of any such suit. e. The foregoing provisions for Developer's indemnification of the City shall in no way limit Developer's rights at law or in equity to be indemnified by the City with respect to any claim arising out of or in connection with a purported act .or omission by the City. CITY OF DUBLIN Guy S. Houston, Mayor SCHAEFER HEIGHTS, INC. Its: Agreement between City of Dublin and Schaefer Heights Inc. For Acceptance and Recordation of Deed November 29, 2000 Page 3of 4 . 'ATTEST: Kay Keck, City Clerk APPROVED AS TO FORM: EliZabeth· H. Silver, City Attomey J:\WPD\MNRSW~114\064~GREE\deed-dublinblvd-ext_11'20.doc Agreement between City of Dublin and Schaefer Heights Inc. for Acceptance and Recordation of Deed November 29, 2000 Page 4 of 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra. 6osta SS, On= 3-13-2001 Date personally appeared , before me, D.L. Mills Name and Title of Officer (e.g., "Jane Doe, Notar~ Public") ~ Robert Yohat , Name(s) of Signer(s) [] personally known to me :~ 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 .Cornre. ~ 1221851 signature(s) on the instrument the person(s), or ~ NOTARY PUBLIC,CALIFORNIA ~ the entity upon behalf of which the person(s) Y C2~%:~i~;~f~Jt%003 ~ acted, executed the inst~ment. R ffl W = a d and ocml seal. : 'n oa ' i. Place Nota~ Seal Above ~g atum of N t ~ Publ c OPTIO Though the information b~low is not mquired by law, 'it may prove valuable to pe~ons relying on ~e d~ument and could prevent fraudulent removal and reattachment Of this fo~ to another document. Description-of Attached Document Title or Type of D0cumen~:L Document Date: Number of Pages~ .. Signer(s) Other Than Nam. ed Above: Capacity(ies) Claimed by Signer Signer's Name: [] Individual [] Corporate Officer ,-- Title(s): [] Partner -- [] Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: · Top of thumb here. Signe~ Is Representing: 1999 National NotaP/A~soclatjon o 9350 De Soto Ave., P.O. Box 2402 · Chatsworth, CA 91313-2402 · www. nationalnotery. org Prod. No. 5907 Reordec Call TolFFree 1-800-876-6827 Page 1 of 3 OPTION TO PURCHASE 4-ALA-580-2.7/23.9 ~,/~/ DD 008141-01-01 ~ OPTION TO PURCHASE This Agreement is entered into as of this day of between the CITY OF DUBLIN, a municipal corporation, "PURCHASER", and the STATE OF CALIFORNIA, TRANSPORTATION, hereafter referred to as "SELLER ". 2000, by and herelfter referred to as DEPARTMENT OF This Agreement is for the purchase of the real property rights described in the Director's Deed attached hereto and made a part hereof, marked as Exhibit "A-I". PURCHASER hereby agrees to the terms of this option, and further agrees to pay to the SELLER, for the purchase of the above-noted real property rights, the total sum of FIFTEEN THOUSAND DOLLARS ($15, 000. 00) as full payment for the above-noted property. Paid herewith is an option deposit of ONE THOUSAND FIVE HUNDRED DOLLARS ($1,500.00). The balance in the amount of THIRTEEN THOUSAND FIVE HUNDRED DOLLARS ($13,500.00) is to be paid on or before the expiration of the option period. Payments must be made payable to the order of the Department of Transportation, P.O. Box 23440, Oakland, CA 94623-0440. TERMS OF OPTION: 1. TERMS OF THE SALE: The purchase will be for all cash. , OPTION PERIOD: The option period shall be for 90 days. There may be situations wherein the PURCHASER is unable to complete the Terms of The Option within the time allowed for reasons beyond their control. Under these circumstances, the SELLER, at its discretion, may elect to extend the option period. A charge of 1% of the purchase price per month will normally be charged for such extensions. The charge shall not be applied toward the purchase price. The option deposit will be the consideration for the 90-day Option Period which shall commence on the first day after the date of PURCHASER'S signature to this AGREEMENT. All payments will be paid in full on or before the expiration of the option period. , FORFEITURE OF DEPOSIT: The option deposit shall be NON-REFUNDABLE in the event that PURCHASER fails to comply with any and all terms of this Option Agreement as herein provided. The sale under this option is subject to the approval of the California Transportation Commission. Any assignments under this contract must be made prior thereto. If the sale is not approved, any monies received by the SELLER shall be refunded without interest. PURCHASER may take title when the Director's Deed is recorded. Wlfen the sale is approved by the California Transportation Commission and the PURCHASER elects to exercise the option, the option deposit will be credited toward the purchase price. Page 2 of 3 OPTION TO PURCHASE 4-ALA-580-22.7/23.9 DD 008141-01-01 10. 11. 12. 13. 14. The SELLER reserves the right to cancel the sale in part or its entirety any time prior to the approval of the sale by the California Transportation Commission. In the event of cancellation of sale, all monies shall be refunded without interest. SELLER shall convey to the PURCHASER a marketable title to the property by Director's Deed. The right, title and interest in the property shall not exceed that vested in the STATE OF CALIFORNIA, and the sale is subject to all title exceptions and reservations whether or not of record. The PURCHASER may obtain a policy of title insurance at their expense. Total sum of purchase price is FIFTEEN THOUSAND DOLLARS ($15,000.00). A fully executed Director's Deed will be delivered to PURCHASER upon Seller's receipt of full purchase price. PURCHASER shall pay all recording fees, documentary stamp taxes, or other real estate transaction taxes or fees by whatever name known, including escrow fees or brokers commission, if any, and personal property sales taxes where applicable. It is the - understanding of the parties that neither PURCHASER nor the SELLER has contacted a real estate broker in connection with this transaction. Should the PURCHASER desire a survey of the property, this may be accomplished by an independent survey at the PURCHASERS expense. No warranty is made by the SELLER relative to the ground locations of property line other than monumented highway right of way lines. The PURCHASER shall be responsible for checking and complying with local building codes and ordinances. PURCHASER will need to see local planning department for permitted land uses. PURCHASER agrees that, as of the close of escrow, it will be acquiring the property in ')iS IS" condition with all faults and conditions then existing on the property, including any hazardous waste substances or hazardous wastes that may be located on, under, or around the property, whether known or unknown, and PURCHASER assumes all responsibility for such faults and conditions. PURCHASER requests that the property shall be vested as follows: CITY OF DUBLIN, A MUNICIPAL CORPORATION Page 3 of 3 OPTION TO PURCHASE 4-ALA-580-2.7/23.9 DD 008141-01-01 APPROVAL RECOMMENDED STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPROVED PURCHASER'S NAME: JULIE McDANIEL District Branch Chief Excess Land Sales DATE: city of Dublin DATE: APPROVED STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION: MARTA A. BAYOL District Office Chief R/W Real Property Services DATE: EXHIBIT A-1 D1RECTOR'S DEED Space above this line for Recorder's Use District County Route Post Number 4 A LA 580 22.7/23.9 DD-00g 141-01-01 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to _ all that real property in the California, described as: Please see EXHIBIT "A" attached City of Dublin , County of Alameda , State of MAIL TAX STATEMENTS TO: -2- 4-ALA -580-22.7/23.9 Parcel DD-008141-01-01 EXHIBIT "A" PARCEL 1: A portion of that certain parcel of land described in state deed No. 44629 to the State of California, recorded November 30, 1976, in Reel 4621, Image 764, official records of Alameda County, described as follows: BEGINNING AT A POINT ON THE GENERAL NORTHERLY LINE OF THAT CERTAiN ?ARCEL 1:", DESCRIBED IN SAID STATE DEED No. 44629, DISTANT THEREON S78°OY54"W, 19.29 FEET FROM THE MOST NORTHEASTERLY CORNER THEREOF; THENCE, ALONG SAID GENERAL NORTHERLY LINE (4621 O.R. 764) S78°OY54"W,, 32.68 FEET,' THENCE, NON-TANGENT TO THE LAST COURSE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF A CURVE CONCAVED SOUTHK/ISTERLY, THE RADIUS POINT OF WHICH BEARS S48°51'18'~E, HAVING A RADIUS OF 650.0 FEET, A CENTRAL ANGLE OF 20009'40", A DISTANCE OF 228.72 FEET,' THENCE, LEAVING SAID GENERAL NORTHERLY LINE (4621 O.R. 764) AND NON-TANGENT TO LAST CURVE, N27°lY56"E, 74.74 FEET,' THENCE NORTHEASTERLY ALONG THE ARC OF A TANGENT CURVE CONCAVED SOUTHEASTERLY, HAVING A RADIUS OF 389.00 FEET. A CENTRAL ANGLE OF 26°02'14'', A DISTANCE OF 176. 78 FEET; THENCE, TANGENT TO LAST SAID CURVE, N53°16'lO'~E, 2. 43 FEET TO THE POINT OF BEGINNiNG. CONTAiNiNG 1,510 SQUARE FEET (0.035 ACRES), MORE OR LESS ~'ARCEL 2: A portion of that certain parcel of land described in state deed No. 44626 to the State of California, recorded June 23, 1975, in Reel 4010, Image 30, official records of Alameda County described as follows: BEGINNiNG AT A POiNT ON THE GENERAL NORTHERLY LiNE OF THAT CERTAIN 20.036 ACRE PARCEL DESCRIBED iN SAID STATE DEED No. 44626, DISTANT THEREON S23°37'04"W,, 11.62 FEET FROM THE NORTHEASTERLY TERMINUS OF THE COURSE STATED AS "N23°37'O4"E, 176. 02 FEET," THEREIN; THENCE, ALONG SAID GENERAL NORTHERLY LINE (4010 O.R. 30), N23°37'O4"E, 11.62 FEET; THENCE, N87°40'4Y'E, 131.87 FEET,' THENCE LEAVING SAID GENERAL NORTHERLY LINE (4010 O.R. 30) WESTERLY, ALONG THE ARC OF A NON-TANGENT CURVE, CONCAVED NORTHERLY, THE RADIUS POINT OF WHICH BFARS NO9°5Y56"W,, HAVING A RADIUS OF 1225.00 FEET, A CENTRAL ANGLE OF 06°25'39", A DISTANCE OF 137. 42 FEET TO THE POINT OF BEGINNiNG. CONTAINiNG 865 SQUARE FEET (0.020 ACRES), MORE OR LESS. -3- 4-ALA-580-22.7/23.9 Parcel DD-008141-01-01 PARCEL3: A portion of each of the parcels of land conveyed to the State of California by deeds recorded as follows: State Deed Number Recording Date Volume Page 8141 October 17, 1951 6562 267 8142 September I)4, 1951 6526 457 Reel Image 44625 (Parcel 2) June 17, 1976 4407 191 44626 June 23, 1975 4010 30 ALL OF OFFICAL RECORDS OF ALAMEDA COUNTY, BE1NG DESCRIBED AS WHOLE AS FOLLOWS: BEG]NNING AT A POINT ON THE GENERAL NORTHERLY LINE OF THAT CERTAIN 20.036 ACRE PARCEL DESCRIBED IN SAID STATE DEED No. 44626, DISTANT THEREON S27°37'39"W,, 49.83 FEET FROM THE MOST NORTHEASIERLY TERM]NUS OF THE COURSE STATED AS 'TV27°37'39'~E, 172.05 FEET", THEREIN; THENCE, ALONG SAID GENERAL NORTHERLY LINE (4010 O.R. 30), N27°37'39'~E, 49.83 FEET,' THENCE, N81°39'44"E, 100.18 FEET; THENCE, S46°21'49'9E, 105.68 FEET,' THENCE, N86°19'23'gE, 227.27 FEET,' THENCE, N33°O2'37'gE, 164.22 FEET,. THENCE, LEAVING LAST SAID GENERAL NORTHERLY LINE (4010 O.R. 30) AND ALONG THE GENERAL NORTHERLY LZNE OF THAT CERTAIN 8.076 ACRE PARCEL DESCRIBED IN SAID STATE DEED No. 8141, N76°50'47"E, 111.84 FEET; THENCE, LEAVING LAST SAID GENERAL NORTHERLY LINE (6562 O.R~ 267) AND ALONG THE GENERAL NORTHERLY L]NE OF THAT CERTAIN '7~ARCEL 2:", DESCRIBED IN SAID STATE DEED No. 44626, N76°50'47"E, 30.00 FEET; THENCE, S34°14'51'E, 175.90 FEET; THENCE, LFAV1NG LAST SAID GENERAL NORTHERLY L]NE (4407 O.R. 191) S84°49'07"W, 386.53 FEET,. THENCE, WESTERLY, ALONG THE ARC OF A TANGENT CURVE, CONCAVED NORTHERLY, HAVZNG A RADIUS OF 152100 FEET, A CENTRAL ANGLE OF 12024'50" A DISTANCE OF 330.42 FEET, TO A POINT OF REVERSE CURVATURE; THENCE, WESTERLY, ALONG THE ARC OF A TANGENT CURVE,' CONCArED SOUTHERLY, HAVZNG A RADIUS OF 1175.00 FEET, A CENTRAL ANGLE OF 01°50'23", A DISTANCE OF 37. 73 FEET TO THE POINT OF BEGINNEVG. CONTAINING 44,392 SQUARE FEET (1.019 ACRES), MORE OR LESS. PARCEL 4: A portion of that certain parcel of land conveyed by state deed no 8141 to the State of Califomia, recorded October 17, 1951, Volume 6562, Page 267 and Parcel 2 of state deed No. 44625 to the State of California, recorded June 17, 1976 in Reel 4407 at Image 191, both being of official records of Alameda County and being described as a whole aS follows: BEGINNING AT A POINT ON THE GENERAL NORTHERLY LINE OF THAT CERTAIN "PARCEL 2:" AS DESCRIBED IN SAID STATE DEED No. 44625, DISTANT THEREON S24°46'42"W, 189.98 FEET FROM THE MOST NORTHEASTERLY TERMINUS OF THE COURSE STATED AS '~24°46'42"W, 231.25 FEET", THEREIN; THENCE, ALONG SAID GENERAL NORTHERLY LINE (4407 O.R. 191), N24°46'42'~E, 189.98 FEET; THENCE, LEAVING LAST SAID GENERAL NORTHERLY LINE (4407 0. t~ 191) AND ALONG THE GENERAL NORTHERLY LINE OF THAT CERTAIN 8.076 ACRE PARCEL DESCRIBED IN SAID STATE DEED No. 8141, SSO°38'lY'E, 282.54 FEET,' THENCE, S85°01'lY'E, 128.05 FEET,. TO THE MOST WESTERLY CORNER OF THAT PARCEL OF LAND SHOWN AS "SEGMENT 7" ON SHEET 15 OF THAT CERTAIN SET OF MAPS OF 18 SHEETS ENTITLED "RELINQUISHMENT IN THE COUNTY OF ALAMEDA" RECORDED APRIL 9, 1981, UNDER SERIAL NO. 81-055904, OFFICIAL RECORDS OF ALAMEDA COUNTY; THENCE, ALONG THE SOUTHWESTERLY LINE OF SAID SEGMENT 7 S62°26'35"E. 64.98 FEET; THENCE, LEA FING LAST 4-ALA-580-22.7/23.9 Parcel DD-008141-01-01 SAID SOUTHWESTERLY L1NE (6562 O.R. 267) WESTERLY, ALONG THE ARC OF A CURE, CONCAVED NORTHERLY, AND TANGENT TO THE SOUTttERLY LINE OF SAID SEGMENT 7, THE RADIUS POINT OF WHICH BEARS NO1°24'27'~E, HAVING A RADIUS OF 450.00 FEET. A CENTRAL ANGLE OF 11°06'30', A DISTANCE OF 87.24 FEET,. TI-IENCE, TANGENT TO IAST CURVE, N77°29'O3"W, 57.82 FEET,. THENCE, WESTERLY, ALONG THE ARC OF A TANGENT CURVE, CONCAVED SOUTHERLY, HAVING A RADIUS OF 1175.00 FEET, A CENTRAL ANGLE OF 16041'54", A DISTANCE OF 342.44 FEET TO THE POINT OF BEGINNING. CONTAINING 28, 460 SQUARE FEET (0.653 ACRES), MORE OR LESS. As to the above described PARCELS 1, 2, 3 and 4, there shall be no abutter's rights of access appurtenant to the above-described real property in and to the adjacent State fleeway. The bearings and distances used in the above descriptions are on the Califomia Coordinate System based on the North American Datum-1927 (NAD27), Zone 3. Multiply the above distances by 1.0000973 to obtain ground level distances. This real property des 'tion has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors A Signature: ~d~L/ce~d~;~ · tIse tt tt or Date: COORDINATES. DISTANCES AND BEARINGS SHOWN ARE BASED ON THE NORTH AMERICAN DATUM-1927 (NAD27), ZONE 3. MULTIPLY DISTANCES BY 1.0000973 TO OBTAIN GROUND LEVEL DISTANCES. COUNTY OF ALAMEDA SECTION 4- SECTION 3 T. 3 S., R.1 W. T.3 S., R,1 W. M.D.B. & U. DD-008141-01-01 M.D.B. & M. PARCEL Nos. 1, 2, 3 AND ,~ PARCEL 1 PARCEL 4 .~ ,.d, <~) \ k~/ PARCEL 3 2700 Yg~aeie Valley Roa~ S~ile 100 Waln,l Creek, Cali~r~ia 9~598-3462 f925l 210-9300 STATE OF CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 04 DIRECTOR'S DEED DD-008141-01-01 SCALE IN FEET ~ , 0 1000 2000 DRAWN BY: CHECKED BY: CO. RTE.I P.t 580 22' ALA. 2~. DATE: 11/97 SCALE: 1"=1000' ' I DR. NO. / 1 OF5 L_ ~- o (u~d z~z0 < LL 0 Z D 0 0 0 oO Ld ry _I /x '° 0 c-,l /~_/ /x I.d i, / / i~~ / COORDINATES, DISTANCES AND BEARINGS SHOWN ARE BASED ON 'rile NORTH AMERICAN DATUM-1927 (NAD27), ZONE 3. MULTIPLY DISTANCES BY 1.0000973 TO OBTAIN GROUND LEVEL DISTANCES, COUNTY OF ALAMEDA POINT DF BE LEGEND: IIIIIII1~ SECTION 3 T.3S.,Rol W. M.D.B. & M. pROPO! DUBUN L=137.42' A=06o85,39,, PARCEL 2 D D-O08141-01-01 75,227 Sq.ft.(1.727+A:c.) 865 Sq.ft. (O.020+Ac.) '" ,~ ,c %'8(~;3~'~'~)7)I --- "'~(~S/Ob~ _ - . -- 91.81' 1":, ('~; ,2 , o~,_., ,~, 865 Sq.ft,(O. O20+Ac.) / (,_~46___26._Z1.,) '¢%~"'~2f-~,__.~. (N 86°09'47" E)~ (5__~49.7__~o')~ ~ ~ p/Design Resources, Inc. Planning· Engineering · Surveying (,__ 8142 ._) INDICATES CHANGE OF DIRECTION PROPOSED RIGHT OF WAY WITH ABUTTERS RIGHT OF ACCESS PROHIBITED PROPOSED DUBLIN BOULEVARD EXTENSION RIGHT OF WAY SCALE IN FEET 0 100 2700 Ygnacio Valley Road, Suite I00 Walnut Creek, California 94598-3462 [925] 210-9306 -4 STATE OF CALIFORNIA c~ BUSINESS, TRANSPORTATION .......--V" AND HOUSING AGENCY · .----"'o · ""' o DEPARTMENT OF TRANSPORTATION DISTRICT 04- DIRECTOR'S DEED DD-008141-01-01 DRAWN BY: DATE: 11/97 CHECKED BY: SCALE: 1"=100' , CO. IRTE. P.M. DR. NO. 200 ALA. 580 2.%.0 ,5 OF 5 (S67'22'47"E)(458.30') RECORD BEARING AND DISTANCE AS SHOWN IN MONUMENTS MAP (SEE NOTE COORDINATES, DISTANCES AND BEARINGS SHOWN ARE BASED ON THE NORTH LEGEND: DD-008141-01-01 AMERICAN DATUM-1927 (NAD27), ZONE 5. MULTIPLY DISTANCES BY 1.O000973 TO ( OBTAIN GROUND LEVEL DISTANCES. g INDICATES CHANGE OF DIRECTION 75,227 Sq.ft. 1.727+Ac.) I ll~l;llt PROPOSED RIGHT OF WAY WITH ABUTTERS RIGHT COUNTY OF ALAMEDA OF ACCESS PROH;BITED PROPOSED DUBLIN BOULEVARD EXTENSION RIGHT OF WAY {044625-01-01~) (S67'22'47"E)(458.30') RECORD BEARING AND DISTANCE AS SHO~N IN ~,155 Sq.fL(O.OBS~Ac.) L --POINT OF BEGINNING SECTION3 MONUMENTS MAP (SEE NOTE ~2)I ~ 11,705 Sq.ft,(O.269~Ac.) ASSOC .~ -...: - _ .. -.; .: .....~............ ....:.......,. ,, ,/ ~ _ ~.....- f, .:.. ... '.,,,.,.. ..,,,,..,. ....'.".. ?.." :.'.':: ...............:... ;' . ..... .: .... · ,;..= ..:., .; ... ','.:.. :. ~.~.. , ,, ~o 5 ~ ~WY 580 _ ~ ~ DIRECTOR~ DEE] SCALE IN FEET 0 100 200 DD-008141-01-01 DRAWN BY: DATE: 11/97 CHECKED BY: SCALE: 1"=100' CO. DR. NO. ALA. 4 OF 5 COORDINATES, DISTANCES AND BEARINGS SHOWN ARE BASED ON THE NORTH LEGEND: AMERICAN DATUM-1927 (NAD27), ZONE 3. SECTION 3 MULTIPLY DISTANCES BY 1.0000973 TO OBTAIN GROUND LEVEL DISTANCES. T.3 S., R.1 W. \ e COUNTY OF ALAMEDA M.D.B.&M. \ I I:,,,,,, DD-008141-01-01 INDICATES CHANGE OF DIRECTION PROPOSED RIGHT OF WAY WITH ABUTTERS RIGHT OF ACCESS PROHIBITED PROPOSED DUBLIN BOULEVARD EXTENSION RIGHT OF WAY W W_ I--- Z [] ,----+_------""' i 580 "~N" LINE- HWY 580 o ,----""' SCALE IN FEET 0 1 O0 200 2700 Ygnaclo Valley Road, Suite tO0 Walnut Creek, California 94598-3462 [9251 210-9300 STATE OF CALIFORNIA BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION DISTRICT 04- DIRECTOR'S DEED DD-008141-01-01 DRAWN BY: CHECKED BY: CO'IRTE'I P'~ ALA. 580 22. DATE:11/97 SCALE: 1"=100' DR. NO. 50F5