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HomeMy WebLinkAboutItem 7.2 Open Space Parks Bond CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 8, 1992 SUBJECT Regional Wildlife, Open Space, Shoreline and Parks Bond - Local Grant Program, Measure AA Report By Diane Lowart, Recreation Director EXHIBITS ATTACHED A. Memo from City Attorney regarding Use of Bond Proceeds for "Private Business Use" B. Memo from City Attorney regarding ''// purchase agreements for Heritage Center Y RECOMMENDATION ., / Determine a project(s) for the grant funds FINANCIAL STATEMENT Phase II Allocation - $157, 829 DESCRIPTION At the April 27, 1992 meeting of the Dublin City Council , the Council adopted Resolution 49-92 Approving Application to the Local Grant Program Under the East Bay Regional Park District Regional Open Space, Wildlife, Shoreline, and Parks Bond Ordinance (Phase II) for the Following Projects: Mape Park Renovation; Dublin Sports Grounds Renovation; and the Acquisition and Renovation of the Original Murray Schoolhouse and the Old St. Raymond's Church. In addition, the Council requested that the Parks and Recreation Commission review the three eligible projects and make a recommendation as to which project should receive the funds. The Parks and Recreation Commission considered the use of these funds at their meeting of May 12, 1992. The Commission, however, did not make a recommendation as to how the funds should be spent, but generally agreed that the funds should be spent on those high priority projects which benefit the greatest majority of residents. Further, the Commission felt that it was premature to prioritize the Heritage Center with other park capital projects until such time that the property was acquired by the City. At the May 27, 1992 meeting of the City Council, Councilmember Burton requested that this item be placed on the agenda for the June 8, 1992 meeting in order to make a final project selection. Additionally he suggested that the grant funds be utilized only for the acquisition and renovation of the Old St. Raymond's Church; the Original Murray Schoolhouse and Dublin Cemetery could be dealt with at a later time as these acquisitions are more complicated. The costs associated with each of the aforementioned projects are shown below: Dublin Sports Grounds Renovation - Phase I Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 18,768 Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,007 Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 156,400 Machinery & Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 24,500 Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2 ,000 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 208,675 ------------ --Z---------------------------------------------------- ITEM NO. COPIES TO: Parks & Recreation Commission Heritage Committee E CITY CLERK E 191_l� D O 1 Mane Park Renovation Preliminary Engineering. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 6 ,000 Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20 , 200 Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 7,400 Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 185,010 Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2 ,000 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 220,610 Old St. Raymond's Church Acquisition & Renovation Acquisition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 20, 200 Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 4,768 Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 2 , 384 Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 47,685 Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 500 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 75,537 Heritage Center Acquisition & Renovation Acquisition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 21 , 202 Design. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 10 ,605 Inspection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 5, 302 Improvements. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 126, 051 Miscellaneous. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 1 ,000 TOTAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 164,160 The City Attorney has reviewed the Procedural Guide for the Local Grant Program regarding the use of bond proceeds for "private business use" (Exhibit A) . It is her opinion that the City could qualify for bond monies and lease the Original Murray Schoolhouse to the Dublin Historical Preservation Association (DHPA) if the following conditions are included in the lease: 1 . The lessee must assure the City that the building will be open to the general public at least 90% of the time (i.e. , 90% of normal operating hours) . This is to assure that the bond monies are spent for a public purpose. 2 . The City must assume maintenance and operation of the building on an on-going basis. Again, this is to assure that the building is maintained and the "private business" is not involved. (Estimated cost for 1992-93 is $27,082; estimated annual cost is $41,710) 3 . All fees that are collected for touring the building or building rentals, for instance, must be turned over to the City. If the City chooses to enter into a lease with DHPA, the lease must be submitted with the grant application by the June 15, 1992 deadline and is subject to review by the EBRPD General Counsel and, if necessary, the District's bond counsel, for determination as to whether it triggers the "private business use" provision. Complete applications for Phase II projects are due June 15, 1992. In order for an application to be considered complete, the following information is required: 1 . Compliance with the California Environmental Quality Act of 1970 (CEQA). Complete for Mape Park and Dublin Sports Grounds; complete by June 12, 1992 for Heritage Center. 2. Land Tenure Documentation; i.e. copies of• deeds, title insurance policies, leases, and joint powers agreements, etc. , that affect the project. Complete for Mape Park and Dublin Sports Grounds; pending for Heritage Center. 3 . Development Cost Estimate; including architectural, engineering and inspection costs as well as construction costs. Preliminary estimates developed for all projects. 4. Acquisition Schedule; including acreage, estimated date of acquisition, estimated value of land to be acquired, estimated value of improvement to be acquired, relocation costs and total estimated costs. Not applicable for Nape Park and Dublin Sports Grounds, Complete for Heritage Center. 5 . Site and Location Maps; i.e. a scaled site map showing the major facilities and exterior boundaries of the area to be developed with the grant and city, county or district map showing project(s) location(s) . Complete for all projects. 6 . Source of Protect Funds; including amount, type and source of funds, above the grant award, provided by the grant applicant or other private or public sources. Pending outcome of June 9, 1992 City Council Budget Hearing. 7. Photographs of Project Site. Complete for all projects Grant funds are not available for expenditure until an agreement between the East Bay Regional Park District and the grant applicant has been signed by both parties. It is estimated that this will be accomplished by mid-August. In regards to the acquisition of the Heritage Center properties, preliminary title reports have been obtained and the City Attorney has developed the following documents; 1. Draft agreement to purchase the Old St. Raymond's Church from the Amador-Livermore Valley Historical Society; 2 . Draft escrow instructions for purchase of property from Amador-Livermore Valley Historical Society; 3 . Draft agreement to purchase Dublin Cemetery from Dublin Cemetery Inc. ; 4. Draft escrow instructions for purchase of property from Dublin Cemetery Inc. ; 5. Draft "Donation of Murray Schoolhouse and Assignment of Lease" . Copies of these documents as well as a memorandum from the City Attorney are attached in Exhibit B. The preliminary title reports indicate that there are deed restrictions on two of the four parcels. The church property contains a deed restriction which was imposed by the Catholic Bishop of Oakland that restricts use of the property for religious services. In order to make the church available for rental to individuals for religious services such as weddings, the restriction would need to be removed. Additionally, one of the cemetery parcels contains a deed restriction which requires use of the property for "cemetery purposes" . As the parcel in question is the site of the schoolhouse, this restriction will need to be removed as well. The Amador-Livermore Valley Historical Society and the Dublin Historical Preservation Association have completed their review of the draft documents and are generally in agreement with the terms. The Dublin Cemetery has not yet completed their review of the draft agreement. It is recommended that the City Council: 1) receive the report; 2) determine a project(s) for the grant funds; and 3) direct Staff to submit the application materials by the June 15, 1992 deadline. EXHIBIT A MEYERS, NAVE, RIBACK & SILVER MICHAEL R.NAVE A PROFESSIONAL LAW CORPORATION PENINSULA OFFICE STEVEN R.MEYERS 1220 ELIZABETH H.SILVER GATEWAY PLAZA BUR HOWARD CA SUITE 250 777 DAVIS STREET,SUITE 300 TELEPHONE:CA 94010.130 MICHAEL S.RIBACK TELEPHONE:(415)348-7130 MICHAEL F.RODRIQUEZ SAN LEANDRO,CALIFORNIA 94577 FACSIMILE:(415)342-0686 KATHLEEN FAUBION TELEPHONE:(510)351-4300 FREDERICK S.ETHERIDGE FACSIMILE:(510)351-4481 WENDY A.ROBERTS DAVID W.SKINNER MEMORANDUM STEVEN T.MATTAS OF COUNSEL REPLY TO: ANDREA J.SALTZMAN San Leandro TO: Diane Lowart DATE: May 11, 1992 Recreation Director FROM: Elizabeth H. Silver City Attorney RE: Heritage Center: Use of Bond Proceeds for "Private Business Use" I have reviewed the Procedural Guide for the Regional Open Space, Wildlife, Shoreline and Parks Bond Ordinance Local Grant Program issued by the East Bay Regional Park District. I also spoke with Susan Williams, Grants Specialist with EBRPD, regarding the use of bond monies to purchase and renovate the old Murray School. I have not independently researched the Internal Revenue Code. The 1986 amendments to the Internal Revenue Code apparently eliminate the tax exempt status of bonds if more than 10% of the total issuance can be used for "private business use. " The EBRPD issuance is $225, 000, 000 and, thus, no more than $22 ,500, 000 can be used for "private business use" or the bonds will lose their tax exempt status. The EBRPD has entered into leases for grazing of open space lands, which are considered a "private business use of the open space property. As such, the District must be particularly careful that the 10% limitation is not exceeded. The District therefore carefully screens all applications to determine if there is any potential for "private business use" and, if there is, such applications will apparently be less likely to be approved. The City could qualify for bond monies and lease the old Murray School to the Dublin Historic Preservation Association if the following conditions are included in the lease: TO: Diane Lowart FROM: Elizabeth H. Silver RE: Heritage Center: Use of Bond Proceeds for "Private Business Use" DATE: May 12 , 1992 PAGE: 2 1. The lessee must assure the City that the building will be open to the general public at least 90% of the time (i.e. , 90% of normal operating hours) . This is to assure that the bond monies are spent for a public purpose. 2 . The City must assume maintenance and operation of the building on an on-going basis. Again, this is to assure that the building is maintained and that "private business" is not involved. 3. All fees that are collected for touring the building, for instance, must be turned over to the City. It is my understanding that if the lease with DHPA includes these provisions, the fact that the City leases the building to DHPA will not trigger the "private business use" provision of the tax laws. The lease must be submitted with the grant application and is subject to review by the EBRPD General Counsel and, if necessary, the District's bond counsel, for a determination as to whether it triggers the "private business use" provision. TO: Diane Lowart FROM: Elizabeth H. Silver RE: Heritage Center: Use of Bond Proceeds for "Private Business Use" DATE: May 12 , 1992 PAGE: 3 If the City operates the old Murray School and does not lease it to DHPA, the "private business use" provision is not applicable at all. Please let me know if you have any questions. Very truly yours, MEYERS, NAVE, RIBACK & SILVER ELIZABETH H. SILVER cc: Councilmember Burton Councilmember Moffatt 114%Memo%Lowart-3.Ehs EXHIBIT B MEYERS, NAVE, RIBACK & SILVER MICHAEL R.NAVE A PROFESSIONAL LAW CORPORATION PENINSULA OFFICE STEVEN R.MEYERS 1220 HOWARD AVE.,SUITE 250 ELIZABETH H.SILVER GATEWAY PLAZA BURLINGAME,CA 94010-4211 MICHAEL S.RIBACK 777 DAVIS STREET,SUITE 300 TELEPHONE:(415)348-7130 MICHAEL F.RODRIQUEZ SAN LEANDRO,CALIFORNIA 94577 FACSIMILE:(415)342-0888 KATHLEEN FAUBION TELEPHONE:(510)351-4300 FREDERICK S.ETHERIDGE FACSIMILE:(510)351-4481 WENDY A.ROBERTS DAVID W.SKINNER MEMORANDUM STEVEN T.MATTAS OF COUNSEL REPLY TO: ANDREA J.SALTZMAN San Leandro TO: Diane Lowart, Recreation Director DATE: May 22 , 1992 FROM: Elizabeth H. Silver, City Attorney RE: Purchase Agreements with Amador-Livermore Valley Historical Society (Old St. Raymond' s Church) , Dublin Cemetery Inc. (Dublin Cemetery) and Dublin Historical Preservation Association (Old Murray School) Enclosed please find the following: 1. Draft agreement to purchase the Old St. Raymond' s Church from the Amador-Livermore Valley Historical Society; 2 . Draft escrow instructions for purchase of property from Amador-Livermore Valley Historical Society; 3 . Draft agreement to purchase Dublin Cemetery from Dublin Cemetery Inc. ; 4. Draft escrow instructions for purchase of property from Dublin Cemetery Inc; S. Draft "Donation of Murray Schoolhouse and Assignment of Lease" ; 6. Copies of the preliminary title reports for the two properties. Please review these documents and give me your comments. You will note that I have included a provision in paragraph 7 of the agreement with ALVHS requiring removal of the restriction against use of the property for religious services. When the Council subcommittee met on May 12 , Councilmember Moffatt indicated that he envisioned that the City would use Old TO: Diane Lowart FROM: Elizabeth H. Silver, City Attorney RE: Purchase Agreement with Amador-Livermore Valley Historical Society (Old St. Raymond' s Church) DATE: May 22 , 1992 PAGE: 2 St. Raymond' s Church for rental to individuals for religious services such as weddings. It would appear that that type of rental would not be permitted unless the restriction is removed, which can only be done by the Catholic Bishop of Oakland, the entity that imposed the restriction or the Catholic Bishop agrees that such use is not a violation of the restriction. If the City does not wish to use the church for rental for religious services, the restriction does not have to be removed. Because the Dublin Historical Preservation Society has offered to donate the Murray Schoolhouse to the City, the City Council has to accept the donation (see Government Code section 37354) . When the agreements are on the Council' s agenda for approval, a resolution accepting the Murray Schoolhouse should also be on the agenda. I have provided that Dublin Cemetery, Inc. will sell the cemetery property to the City for the sum of one dollar, rather than donating it to the City. This is to enable the City to obtain title insurance and enjoy certain legal benefits which flow from a grant deed which is given in exchange for consideration but may not be present if property is donated. ("California Real Property Sales Transactions, " sec. 7 . 13 . ) The City has to comply with certain procedural requirements before it can enter into these agreements. The City has to obtain an appraisal of the church property which reflects that the fair market value of the property is less than $10, 700. (See Government Code § 7267 . 2 (b) . ) When this agreement is placed on the Council's agenda for approval the staff report should indicate that such an appraisal was obtained. The City also has to comply with CEQA prior to entering into these agreements; the staff report should indicate the method of compliance. As you know, I strongly recommend that the City obtain a soils report regarding the presence of toxic or hazardous chemicals or materials in the soil or groundwater prior to purchasing these properties. Once the City has purchased the properties, it becomes liable for any cleanup costs pursuant to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) which can be significant. In addition to TO: Diane Lowart FROM: Elizabeth H. Silver, City Attorney RE: Purchase Agreement with Amador-Livermore Valley Historical Society (Old St. Raymond's Church) DATE: May 22 , 1992 PAGE: 3 cleanup costs, the costs of oversight can be charged. It would be irresponsible for the City to purchase any property without an examination of the property to determine the absence or presence of toxic or hazardous materials. Accordingly, I have included a provisions in both the agreement with ALVHS and Dublin Cemetery (paragraph 8) requiring such a report. I have also provided, in the escrow instructions, that the City will obtain a policy of title insurance. Again, I strongly recommend that the City obtain title insurance when it purchases these properties. Title insurance is a contract whereby the insurer agrees to indemnify against loss through defects in the title or against liens or encumbrances that may affect the title at the time when the policy is issued. It is standard practice to obtain a policy of title insurance when purchasing property because of the protection it affords the purchaser against later defects in title. The City Engineer should check the possible encroachments referred to in exception number 5 to the preliminary title report for the church property. After staff has reviewed the draft agreement, I can make whatever changes are appropriate and we can circulate it to the Council subcommittee for review. A, f 4 - Elizabeth H. Silver City Attorney Enclosure cc: City Manager 114\Memo\StaffMem.Ehs AGREEMENT between DUBLIN CEMETERY, INC. and CITY OF DUBLIN regarding PURCHASE OF REAL PROPERTY This agreement is made this day of , 1992 , by and between the Dublin Cemetery, Inc. , a California corporation (hereafter "Dublin Cemetery") and the City of Dublin, a municipal corporation (hereafter "City") . RECITALS A. Dublin Cemetery is the owner of the real property referred to hereinafter as the "Property. " The Property is located in the City of Dublin, County of Alameda, is designated as Assessor' s Parcel Numbers 941-1650-001-02 , 941-1650-005 and 941-1650-006, and is more specifically described in Exhibit A, attached hereto and incorporated herein. The property is used for the Dublin Cemetery and the Old Murray School is located on the Property. B. Dublin Cemetery, by letter dated 1991, has offered to sell the Property to City for the sum of $1. 00. AGREEMENT 1. The foregoing recitals are true and correct and are a part of this agreement. 2 . Dublin Cemetery agrees to sell and City agrees to purchase the Property for the sum of $1. 00. 3 . City shall pay Dublin Cemetery the sum of $1. 00 for the Property when title to said Property vests in City, free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) , and taxes, except: 1 a. Taxes for the fiscal year in which escrow closes, which shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow; b. The easement referred to in Exception No. 4 to preliminary title report issued by Northwestern Title Company dated May 11, 1992 (Order No. 810465) . 4. All normal escrow, recording and title insurance fees, costs and premiums will be paid for by City. 5. Dublin Cemetery warrants that, with the exception of the Lease Agreement dated July 23 , 1991, between Dublin Cemetery and the Dublin Historical Preservation Association, there are no oral or written leases on all or any portion of the Property exceeding a period of one month, and Dublin Cemetery further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of Dublin Cemetery for a period exceeding one month. 6. This agreement is specifically made contingent upon removal of the restriction on the Property requiring use of the Property for "cemetery purposes" for that portion of the Property described in Exhibit B, attached hereto. Dublin Cemetery shall obtain the removal of such restriction from The Roman Catholic Bishop of Oakland, a corporation sole. 7. Dublin Cemetery agrees, upon full payment of the purchase price, to make, execute and deliver to City a good and sufficient grant deed to the Property in a form satisfactory to City. It is understood that the grant deed will include a restriction on use of the property for cemetery purposes, with the exception of the portion of the Property on which the Old Murray School is located (See Exhibit B) , and that should City fail to use the Property for cemetery purposes, the Property will revert to Dublin Cemetery. It is further understood that the deed will require perpetual care by City of the cemetery. It is further understood that the grant deed will restrict use of the area now used for parking to that purpose and will prevent the City from laying out future plots for burial in that area. 8. This agreement is specifically made contingent upon receipt by City of a soils report satisfactory to City regarding the presence of hazardous and/or toxic materials, substances or chemicals in, on or below the Property or the ground water. Dublin Cemetery agrees to cooperate with City to allow entry onto the Property by employees or agents of City engaged in performing such soils report for inspection and soils testing, as necessary. Upon receipt by City of a satisfactory soils report, City will 2 provide written notice to the escrow agent to proceed with the escrow. 9 . Dublin Cemetery will comply with applicable state law with respect to transfer of the Property, including requirements for notice to the State Cemetery Board and publication of such notice. Dublin Cemetery will provide written notice to the escrow agent of compliance with applicable state law. 10. Dublin Cemetery will transfer its endowment fund in the amount of $ , to City, to be used by City subject to the same restrictions applicable to the endowment fund at the time of transfer. 11. Dublin Cemetery will transfer all of its books and records relating to the cemetery, such as records relating to purchase and ownership of plots and maintenance of grounds. 12 . Dublin Cemetery assigns its rights under the "Lease Agreement" dated July 23 , 1991, between it and Dublin Historical Preservation Association, to City, upon close of escrow. 13 . City will use and operate the portion of the Property restricted to cemetery uses as a public cemetery in accordance with applicable state laws. 14 . This transaction shall be handled through an escrow with Northwestern Title Company, 275 Rose Ave. , Suite 200, Pleasanton, California 94566 . Joint Escrow instructions shall be in substantially the form attached hereto as Exhibit C. 3 15. Escrow shall close no later than IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY OF DUBLIN DUBLIN CEMETERY, INC. By: Mayor Its: Approved as to form: City Attorney 114\Agree\Cemetery.Ehs 4 810465 P49 D E S C R I P T I O N All that certain real property situated in the City of Dublin, County of Alameda, State of California described as follows: PARCEL ONE: PORTION of the 296.03 acre parcel of land firstly described in the Deed from Ada Dougherty Clement and Jabish Clement, her husband, dated October 1, 1904, recorded October 11, 1904, in Book 1015 of Deeds, Page 25, Alameda County Records, described as follows: BEGINNING at the intersection of the centerline of the State Highway from Hayward to Dublin, or County Road No. 35, as it existed 60 feet wide, with the general southwestern line of the land described as Parcel 2 in the Quitclaim Deed from Wilhelnrina Kolb to Felix Ferrero, dated December 9, 1935, recorded January 4, 1936, in Book 3271, Page 119, Alameda County Records; then run on the last named line, south 21° 15' east, 423.72 feet, north 71° 30' east, 24.618 feet, south 21° 15' east, 39.6 feet and north 711 30' east, 66 feet, more or less, to the general northeastern line of said 296.03 acre parcel; then on the last named line, south 25° east, 229 feet, more or less, to the general northeastern line of the land described in the Deed from Wilhelmina Kolb to Harold W. Kolb, dated September 21, 1948, recorded September_ 22, 1948, in Book 5611, Page 380, Alameda County Records; then on the last named line south 41° 19' 21" west (said bearing used in last mentioned Deed) 140.08 feet and north 20° 39' 55" west (said bearing used in last mentioned Deed) 743.77 feet to said center line of County Road No. 35; and then on the last named line northeasterly, 15 feet to the point of beginning. EXCEPTING THEREFROM, that portion lying within the lines of said road, as it now exists. PARCEL TWO: BEGINNING at the southern terminus of that certain curve having a radius of 50 feet connecting the southwestern line of Donlon Way, formerly Foothill Road, also known as the road from Dublin to Sunol, with the southeastern line of the State Highway from Hayward to Livermore, as said highway, line and curve are described in the Deed from Felix Ferrero and wife, to State of California, dated May 20, 1930, and recorded August 13, 1932, in Book 2867 of Official Records of Alameda Cunty, Page 76; running thence southeasterly along said line of Donlon Way, 325.39 feet, more or less, to the southern line of that certain 1.77 acre parcel of land described in Deed from Louis, Bianchi and Josephine Bianchi, to Felix Ferrero, recorded August 15, 1919, Book 2808 of Deeds, Page 11, Alameda County Records, said last mentioned point being the actual point of Cormiencement; thence continuing along said line of Donlon Way southeasterly 380 feet, more or less to the southern line of that certain parcel of land described in Quitclaim Deed from Amelia A. Murray, to The Roman Catholic Archbishop of San Francisco, a corporation sole, recorded September 11, 1952, in Book 6822 of Official Records of Alameda County, Page 427, thence along the last mentioned line the five following courses and distances: south 750 19' west 7.42 feet, north 63° 29' west 47.53 feet, south 881 25' 10" west 32.55 feet, south 79° 17' 10" west 101.10 feet and south 70' 23' 10" west 60.29 feet; thence northwesterly in a direct line 250 feet, more or -3- EXHIBIT 810465 P49 less, to the most eastern corner of that certain 2.858 acre tract of land described in Deed to Hans Therkelsen, recorded December 31, 1908, in Book 1549 of Deeds, Page 219, Alameda County Records; thence along the northeastern line of said 2.858 acre tract of land northwesterly 38.28 feet to the most southern corner of the 1.77 acre parcel of land hereinabove referred to; thence northeasterly along the southern line of said 1.77 acre parcel of land 202.62 feet to the actual point of ccmnencement. EXCEPTING THEREFROM the following described portion thereof: BEGINNING at the southern terminus of that certain curve having a radius of 50 feet connecting the southwestern line of Donlon Way, formerly Foothill Road, also known as the road from Dublin to Sunol, with the southeastern lire of the State Highway from Hayward to Livermore, as said highway, line and curve are described in the Deed from Felix Ferrero and wife, to State of California, dated May 20, 1930 and recorded August 13, 1932, in Book 2867 of Official Records of Alameda County, Page 76; running thence southeasterly along said line of Donlon Way, 325.39 feet, more or less, to the southern line of that certain 1.77 acre parcel of land described in Deed from Louis Bianchi and Josephine Bianchi, to Felix Ferrero, recorded August 15, 1919, in Book 2808 of Deeds, Page 11, Alameda County Records, said last mentioned point being the actual point of comlznencement; thence continuing along said line of Donlon Way south 25° 25' 30" east 82.62 feet; thence south 67° 09' 15" west 86.94 feet; thence north 22° 04' 39" west 14.00 feet; thence south 67° 09' 15 west 14.00 feet; thence north 22° 04' 35" west 63.68 feet to the southern line of said 1.77 acre parcel of land; thence along the last named line northeasterly 96.29 feet to the actual point of ccninencement. PARCEL THREE: ALL THAT CEIZFAIN real property as conveyed in the deed from Samuel B. Martin, Joseph Sadoc Alemany, Archbishop of San Francisco, California, dated February 1, 1867, recorded March 23, 1867, in Book X of Deeds, Page 457, Alameda County Records, described as follows: BEGINNING at a point on the line dividing the lands of Dougherty and Green and running thence south 70° 30' west 2 chains and 76-1/2 links to the northwesterly corner of the lot as now enclosed; thence south 25° 45' east 3 chains, 45 links to a stake on the northerly bank of a small creek or Arroyo; thence north 771 45' east 2 chains and 71 links to a stake; thence north 24° west 3 chains and 76-1/2 links to the point- of beginning. Cmi-only known as: Donlon Way Alameda County Account No. 941-1560-1-2 941-1560-5 941-1560-6 -4- v REAL PROPERTY IN THE TOWNSHIP OF PLEASANTON. UNINCORPORATED, COUNTY OF ALAMEDA, STATE OF CALIFORNIA. DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHERN TERMINUS OF THAT CERTAIN CURVE HAVING A RADIUS OF 50 FEET CONNECTING THE SOUTHWESTERN LINE OF DONLON WAY, FORMERLY FOOTHILL ROAD; ALSO KNOWN AS THE ROAD FROM DUBLIN TO SUNOL. WITH THE SOUTHEASTERN LINE OF THE STATE HIGHWAY FROM HAYWARD TO LIVERMORE, AS SAID HIGHWAY, LINE AND CURVE ARE DESCRIBED IN THE DEED FROM FELIX FERRERO AND WIFE, TO THE STATE OF CALIFORNIA, DATED MAY 20 , 1930 , AND RECORDED AUGUST 13 , 1932 , IN BOOK 2867 OF OFFICIAL RECORDS OF ALAMEDA COUNTY , PAGE 76 : RUNNING THENCE SOUTHEASTERLY ALONG SAID LINE OF DONLON WAY, SOUTH 25 DEGREES 25 FEET 30 INCHES 325 . 39 FEET, MORE OR LESS , TO THE SOUTHERN LINE OF THAT CERTAIN 1. 77 ACRE PARCEL OF LAND DESCRIBED IN DEED FROM LOUIS BIANCHI AND JOSEPHINE BIANCHI , TO FELIX FERRERO, RECORDED AUGUST 15 , 1919 , IN BOOK 2808 OF DEEDS , PAGE 11, ALAMEDA COUNTY RECORDS, THENCE CONTINUING ALONG SAID LINE OF DONLON WAY SOUTH 25 DEGREES 25 FEET 30 INCHES EAST 174 . 00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, THENCE LEAVING LAST SAID LINE SOUTH 64 DEGREES 34 FEET 30 INCHES WEST 107 . 00 FEET; THENCE SOUTH 25 DEGREES 25 FEET 30 INCHES APPROXIMATELY 166 . 00 FEET ; THENCE. NORTH ALONG CREEK LINE TO POINT OF INTERSECTION WITH DONLON WAY . THENCE ALONG SAID LINE OF DONLON WAY NORTH 25 DEGREES 25 FEET 30 INCHES •WEST APPROXIMATELY 227 . 00 FEET TO THE POINT OF BEGINNING. EXHIBIT-,6- May 27, 1992 San Leandro Louise McCarthy, Escrow Officer Northwestern Title Company 275 Rose Avenue, Suite 200 Pleasanton, CA 94566 Re: Dublin Cemetery Escrow #810465 Dear Ms. McCarthy: This letter constitutes joint escrow instructions, in accordance with the "Agreement Between Dublin Cemetery and City of Dublin Regarding Purchase of Real Property" ("Purchase Agreement") . Enclosed please find: 1. City of Dublin warrant in the amount of Dollars and Cents ($ ) payable to Northwestern Title Company. This amount represents the purchase price of Ten Thousand Seven Hundred Dollars and no Cents ($10, 700. 00) plus Dollars and Cents ($ ) for escrow, recording and title insurance fees. 2 . Copy of the Purchase Agreement, including Exhibit A thereto (legal description) . 3 . Certified copy of City of Dublin Resolution No. 24-87 authorizing acceptance of real property adopted by City Manager. 4 . Certificate of Acceptance of Deed signed by the City Manager. Your preliminary title report (#810465) , dated May 11, 1992 , shows title held by "Dublin Cemetery, Inc. " (hereinafter referred to as "Dublin Cemetery") , a California corporation. To: Louise McCarthy, Escrow Officer Re: Dublin Cemetery Escrow #810465 Date: May 22 , 1992 Page: 2 The amount deposited ($ ) should be invested, with interest credited to the City ' s account, until the escrow is ready to close. You may close this transaction when you have: 1. Received written notice from Dublin Cemetery that the deed restriction has been removed (see paragraph 6 of Purchase Agreement) ; 2 . Received written notice from the City that a satisfactory soils report has been received (see paragraph 8 of Purchase Agreement) ; 3 . Issued your standard CLTA policy of title insurance in favor of the City of Dublin in the amount of $ for the property; 4 . Determined the amount of taxes due for APN 941-1560- 001-1-2 , -5 and -6 for the first installment of property taxes for Fiscal Year 1992-93 and withheld from the purchase price the amount of such taxes and paid such amount to the Alameda County Tax Collector. (The City Clerk will request cancellation of the taxes on the property to be conveyed by this escrow from and after the close of escrow in accordance with Revenue & Taxation Code §§ 4986 and 5081 et se q. ) ; 5. Obtained from Dublin Cemetery and recorded a Grant Deed in the form described in paragraph 7 of the Purchase Agreement; and provided the undersigned with a copy of the Grant Deed for approval as to form in advance; 6 . Obtained from Dublin Cemetery evidence of compliance with state law (see paragraph 9 of Purchase Agreement) ; 7 . Obtained from Dublin Cemetery a corporate resolution authorizing sale of the Property; 8 . Obtained from Dublin Cemetery its assignment of the "Lease Agreement" (see paragraph 11 of Purchase Agreement) ; 9 . Received a check from Dublin Cemetery in the amount of $ from its endowment fund and issued your To: Louise McCarthy, Escrow Officer Re: Dublin Cemetery Escrow #810465 Date: May 22 , 1992 Page: 3 check in the amount of $ to the City to transfer said endowment fund to the City (see paragraph 10 of Purchase Agreement) ; 10. Disbursed to Dublin Cemetery, c/o the sum of One Dollar and No Cents ($1. 00) ; and 11. Filled in the date of the deed on the "Certificate of Acceptance. " All escrow fees, recording fees and the premium for the policy of title insurance shall be paid by the City of Dublin. The City has provided you with ($ ) as the estimated amount of escrow, recording and title insurance fees. If this sum is not sufficient, please bill the City. Any deposited funds in excess of the closing cost estimate of ($ ) should be refunded to the City. The recorded Grant Deed should be returned to the City Clerk, City of Dublin, 100 Civic Plaza, P. 0. Box 2340, Dublin, CA 94568 . To: Louise McCarthy, Escrow Officer Re: Dublin Cemetery Escrow #810465 Date: May 27 , 1992 Page: 4 If you have any questions, please call. Very truly yours, Elizabeth H. Silver Attorney for City of Dublin EHS:rdw So Agreed: Dublin Cemetery Receipt and acceptance of these instructions is acknowledged. Dated: NORTHWESTERN TITLE COMPANY By: cc: Dublin Cemetery, Inc. 114\Ltr\01\Escrow.New AGREEMENT between AMADOR-LIVERMORE VALLEY HISTORICAL SOCIETY and CITY OF DUBLIN regarding PURCHASE OF REAL PROPERTY This agreement is made this day of , 1992 , by and between the Amador-Livermore Valley Historical Society, a corporation (hereafter "ALVHS") and the City of Dublin, a municipal corporation (hereafter "City") . RECITALS A. ALVHS is the owner of the real property referred to hereinafter as the "Property. " The Property is located in the City of Dublin, County of Alameda, is designated as Assessor 's Parcel Number 941-1650-001-01, and is more specifically described in Exhibit A, attached hereto and incorporated herein. Old St. Raymond' s Church is located on the Property. B. ALVHS, by letter dated October 30, 1991, has offered to sell the Property to City for the sum of $10, 700 . AGREEMENT 1. The foregoing recitals are true and correct and are a part of this agreement. 2 . ALVHS agrees to sell and City agrees to purchase the Property for the sum of $10, 700. 3 . - City shall pay ALVHS the sum of $10, 700 for the Property when title to said Property vests in City, free and clear of all liens, encumbrances, assessments, easements and leases (recorded and/or unrecorded) , and taxes, except: a. Taxes for the fiscal year in which escrow closes, which shall be cleared and paid in the manner required by Section 5086 of the Revenue and Taxation Code, if unpaid at the close of escrow. 1 4 . All normal escrow, recording and title insurance fees, costs and premiums will be paid for by City. 5. ALVHS warrants that there are no oral or written leases on all or any portion of the Property exceeding a period of one month, and ALVHS further agrees to hold City harmless and reimburse City for any and all of its losses and expenses occasioned by reason of any lease of said Property held by any tenant of ALVHS for a period exceeding one month. 6. ALVHS agrees, upon full payment of the purchase price, to make, execute and deliver to City a good and sufficient grant deed to the Property in a form satisfactory to City. No restrictions will be included in the grant deed. 7 . This agreement is specifically made contingent upon removal of the restriction on the property against use of the Property for "conducting religious services. ALVHS shall obtain the removal of such restriction from The Roman Catholic Bishop of Oakland, a corporation sole. 8. This agreement is specifically made contingent upon receipt by City of a soils report satisfactory to City regarding the presence of hazardous and/or toxic materials, substances or chemicals in, on or below the Property or the ground water. ALVHS agrees to cooperate with City to allow entry onto the Property by employees or agents of City engaged in performing such soils report for inspection and soils testing, as necessary. Upon receipt by City of a satisfactory soils report, City will provide written notice to the escrow agent to proceed with the escrow. 9 . This transaction shall be handled through an escrow with Northwestern Title Company, 275 Rose Ave. , Suite 200, Pleasanton, California 94566 . Joint escrow instructions shall be in substantially the form attached hereto as Exhibit B. 2 10. Escrow shall close no later than IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. CITY OF DUBLIN AMADOR-LIVERMORE VALLEY HISTORICAL SOCIETY By: Mayor Its: Approved as to form: City Attorney 114\Agree\ALVHS.Ehs 3 i j ,0466 P50 D E S C R I P T I O N All that certain real property situated in the City of Dublin, County of Alameda, State of California described as follows: BEGINNING at the southern terminus of that certain curve having a radius of 50 feet connecting the southwestern line of Donlon Way, formerly Foothill Road, also known as the road from Dublin to Sunol, with the southeastern line of the State Highway from Hayward to Livermore, as said highway, line and curve are described in the Deed from Felix Ferrero and wife, to State of California dated May 20, 1930, and recorded August 13, 1932, Book 2867, Page 76, Alameda County Records; running thence southeasterly along said line of Donlon Way, 325.39 feet, more or less, to the southern line of that certain 1.77 acre parcel of land described in the Deed from Louis Bianchi and Josephine Bianchi, to Felix Ferrero, recorded August 15, 1919, in Book 2808 of Deeds, Page 11, Alameda County Records, said last mentioned point being the actual point of commencement; thence continuing along said line of Donlon Way, south 25° 25' 30" east 82.62 feet; thence south 67° 09' 15" west 86.94 feet; thence north 221 04' 39" west 14.00 feet; thence south 67° 09' 15" west 14.00 feet; thence north 22° 04' 35" west 63.68 feet; to the southern line of said 1.77 acre parcel of land; thence along the last named line northeasterly 96.29 feet to the actual point of conniencement. Commonly known as: Donlon Way Alameda County Account No. 941-1560-1-1 Exhibit A -3- May 27 , 1992 San Leandro Louise McCarthy, Escrow Officer Northwestern Title Company 275 Rose Avenue, Suite 200 Pleasanton, CA 94566 Re: Old St. Raymond' s Church Escrow #810466 Dear Ms. McCarthy: This letter constitutes joint escrow instructions, in accordance with the "Agreement Between Amador-Livermore Valley Historical Society and City of Dublin Regarding Purchase of Real Property" ("Purchase Agreement") . Enclosed please find: 1. City of Dublin warrant in the amount of Dollars and Cents ($ ) payable to Northwestern Title Company. This amount represents the purchase price of Ten Thousand Seven Hundred Dollars and no Cents ($10, 700. 00) plus Dollars and Cents ($ ) for escrow, recording and title insurance fees. 2 . Copy of the Purchase Agreement, including Exhibit A thereto (legal description) . 3 . Certified copy of City of Dublin Resolution No. 24-87 authorizing acceptance of real property adopted by City Manager. 4 . Certificate of Acceptance of Deed signed by the City Manager. Your preliminary title report (#810466) , dated May 11, 1992 , shows title held by "Amador-Livermore Valley Historical Society" (hereinafter referred to as "ALVHS") , a corporation. To: Louise McCarthy, Escrow Officer Re: Old St. Raymond' s Church Escrow #810466 Date: May 22 , 1992 Page: 2 The amount deposited ($ ) should be invested, with interest credited to the City' s account, until the escrow is ready to close. You may close this transaction when you have: 1. Received written notice from the City that a satisfactory soils report has been received (see paragraph 8 of Purchase Agreement) ; 2 . Received written notice from ALVHS that the deed restriction has been removed (see paragraph 7 of Purchase Agreement) ; 3 . Issued your standard CLTA policy of title insurance in favor of the City of Dublin in the amount of Ten Thousand Seven Hundred Dollars and no Cents ($10,700. 00) for the property; 4 . Determined the amount of taxes due for APN 941-0173- 001-06 for the first installment of property taxes for Fiscal Year 1992-93 and withheld from the purchase price the amount of such taxes and paid such amount to the Alameda County Tax Collector. (The City Clerk will request cancellation of the taxes on the property to be conveyed by this escrow from and after the close of escrow in accordance with Revenue & Taxation Code §§ 4986 and 5081 et sea. ) ; 5. Obtained from ALVHS a corporate resolution authorizing sale of the Property; 6. Obtained from ALVHS and recorded a Grant Deed; and provided the undersigned with a copy of the Grant Deed for approval as to form in advance; 7 . Disbursed to ALVHS, c/o , the sum of Ten Thousand Seven Hundred Dollars and no Cents ($10, 700. 00) ; and 8 . Filled in the date of the deed on the "Certificate of Acceptance. " All escrow fees, recording fees and the premium for the policy of title insurance shall be paid by the City of Dublin. To: Louise McCarthy, Escrow Officer Re: Old St. Raymond' s Church Escrow #810466 Date: May 27, 1992 Page: 3 The City has provided you with a check in the amount of ($ ) as the estimated amount of escrow, recording and title insurance fees. If this sum is not sufficient, please bill the City for any additional amount. Any deposited funds in excess of the closing cost estimate of ($ ) should be refunded to the City. The recorded Grant Deed should be returned to the City Clerk, City of Dublin, 100 Civic Plaza, P. 0. Box 2340, Dublin, CA 94568 . If you have any questions, please call. Very truly yours, Elizabeth H. Silver Attorney for City of Dublin EHS:rdw So Agreed: Amador-Livermore Valley Historical Society Receipt and acceptance of these instructions is acknowledged. Dated: NORTHWESTERN TITLE COMPANY By: cc: Amador-Livermore Valley Historical Society 114\Ltr\01\Escrow.OLd �A .1_ DONATION OF ORIGINAL MURRAY SCHOOLHOUSE AND ASSIGNMENT OF LEASE The DUBLIN HISTORICAL PRESERVATION ASSOCIATION, a California non-profit corporation, does hereby donate the Original Murray Schoolhouse, formerly known as the Primitive Baptist Church of Jesus Christ, together with the existing outbuilding, which buildings are located on property owned by Dublin Cemetery, Inc. , known as Assessor' s Parcel Number 941-1650-001-02 , to the City of Dublin, a municipal corporation, in their "as is" condition. The DUBLIN HISTORICAL PRESERVATION ASSOCIATION assigns its rights under the "Lease Agreement" dated July 23 , 1991, with Dublin Cemetery, Inc, a California non-profit corporation, to the City of Dublin. By its signature below, Dublin Cemetery, Inc. , hereby consents to the assignment of the "Lease Agreement. " DUBLIN HISTORICAL PRESERVATION ASSOCIATION Its Dated DUBLIN CEMETERY, INC. Its Dated 114\Misc\Murray.Ehs rl