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HomeMy WebLinkAboutReso 050-01 SchaeferHts DBXRESOLUTION NO. 50 - 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: Councilmembers Lockhart, McCormick, Oravetz, Zika and Mayor Houston NOES: None ATTEST: ABSENT: None ,.~~ .~./ ~ ABSTAIN: None Mayor g:developtschaeferfreso agmt caltrans row K;/G/4-3-O1/reso-schaefer-caltrans. doc (Item 4.6) .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 appro~/ed Developer's Tentative Map 6765, subject. to numerous conditions. Developer's 'plans ' a'nd tentatiye map, as approv~d 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 5o sell the property to Developer. Developer has' deposited with City the sum of FIFTEEN THOUSAND DOLLARS AND NO CENTS (915,000.00) 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. Acceptance 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.~ A.s part of Developer's agreement to a~cept'and record the Quitclaim Deed,-Developer acknowledges .and agrees that the property identified therein is th'e same'as the property identified in the Direc. tor's Deed. ' Developer further agrees'to the terms of Exhibit A. 2. identification of Property on final maD: use of Property. 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 T, HOUSAND DOLLARS AND. NO CENTS (915,000.00) 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) .' Dev. eloper shall defend, indemnify, and hold harmless City for' any c).aim against the 'City of any nature 'whatsoever arising out of or in connection with DeVeloper's purported acts or omissions on or about, or Devel0per'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'contracto.r'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 indemnificatio~ of City by Developer shall include any Claim. against the City under state or federal law related to the p.resence 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 applicable, 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, in~iemnify, 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. Agreement between City of Dublin and Schaefer Heights Inc. For Acceptance and Recordation of Deed November 29, 2000. Page 3'of 4 · 'ATTEST: Kay Keck, City Clerk APPRO~ED AS TO FORM: Eii~:abeth H. Silver, City Attomey J:'~WPD~/INRStN~114~.064'~AGREE'deed-dubllnblvd-exLl 1~20.~1o~ 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 Coun~ of Contra. Gosta- ,,- On! 3-13-200I, Date personally appeared' , before me, D.:Lo M~lls Name and 'l~Ue of Offlcer Ce~g., 'Jane Doe, Notary Public"} . ~ Robert Yohat Nam~(s)ofs~.~,i " [] personally known to me · .X~ 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 acknowl.edged to me that he/she/they .executed · the same in I~istherttheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which-.the person(s) acted~ executed the instrument, , W T ~/~~C)nd and official seal, OPTIO ' ~ ' Though the information b~lpw Is not required by law, '~t may prove valuable lo ~3erson8 relying on ~e'document end could prevent fraudulent removal and reattachment 6f this form to another documenL Description: of Attached Document TItle or Type of D0cumentI' Document Date: : Number of Pages: .. . SIgner(s) Other Than Nam. ed Above: Capacity(ies) Claimed by Signer Slgner's Name:' [] individual [] Corpomtb Officer,--- T'~le(s): .'1'1 Partner =---[13 Limited [] General [] Attorney in Fact [] Trustee [] Guardian or Conservator [] Other: Signet Is Representing: ' '- i;; ~9~Na~i~N~t~A~da~93~sd~Av~P.~.~24~c~w~dh~A~1~t3~24~2~ww~na~br~d~ F~d.~O. SgOF · Reodet:Call'rdI.Freel-800-S/S-e82/ 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 "o 2000, by and herefilter 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 DOLIMRS ($15, 000. 00) as full payment for the above-noted property. Paid herewith is an option deposit of ONE THOUSAND HVE HUNDRED DOLLARS ($1,500.00). The balance in the mount 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 allowe'd 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, o The option deposit will be the consideration for the 90-day Option Period which shall commence on the first day at%r the date of PURCHASER LS' 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. Wtfen 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. II. 12. 13o 14o 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 orsale, 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 DOLIARS ($15,000.00). A fully executed Director's Deed will be delivered to PURCHASER upon Seller ~ 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 PURCHASER'S 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 '915 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 DD 008141-01-01 APPROVAL RECOMMENDED STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION APPROVED PURCHASER'S NAME: JULIE McDANII31, 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 DIRECTOR'S DEED Spac~ abort this lin~ for Rc~rd~r~s Us~ District County Route Post Number 4 ALA 580 22.7/23.9 DD-008141-0I-O1 The STATE OF CALIFORNIA, acting by and through its Director of Transportation, does hereby grant to_ all ~hat real property in the California, described as: Pleaso sec EXHIBIT "A' attached City of Dublin , County of Alameda State of Mj//Z TAX ST,4TEMENTS TO: 4-ALA-580-22.7/:23.9 -2- Pamol DD.00gI41-01-01 EXHIBIT "A" PARCEL 1: A portion of that certain parcel of land de, scribed in state doed No. 44629 to the State of California, recorded November 30, I976, in Reel 4621, Image 764, official records of Alameda County, described as follows: BEGINNING AT .4 POINT ON THE GENERAL NORTHERLY LINE OF THt4T CERTAIN "P~4RCEL 1:", DESCRIBED IN SAID BTATE DEED No. 44629, DIST.4NT THEREON S78°OYJ4"g, 19.29 FEET FROM THE MOST NORTttF_~SIERLY CORNER THEREOF; THENCE~ ALONG 8AID GENERg NORTHERLY LINE (4621 O.R. 764) S78°OY54"W, 32.68 FEET: THENCE, NON-TANGENT TO THE L.45T COURSE SOUTttFgZSTERLY AND SOUTHERLY ALONG THE ARC OF A CURFE CONCAFED SOUIItEABTF_J~Y, THE P, ADIU8 POINT OF WHICH BEARS S48°51'18"E~ I-L4V1NG .,4 RADIUS OF 650.0 FEET, A CEtVTRtL ANGLE OF 20°09'40", A DISTANCE OF 228.72 FEET; THENCE, LEAFING SAID GENERAL NORTHERLY LINE (4621 O.R. 764) AND NON-TANGENT TO LAST CURFE, N27=13~56"E, 74.74 FEE1;' THENCE NORTHR4STERLY ALONG THE .4.RC OF .4 TANGENT CURtrE CONC~4FED SOUTHE~STERLY, ItaF1NG A PalDIU~ OF 389.00 FEE'E. .,4 CENIRaL ANGLE OF 26°0274", .4 DISTANCE OF 176.78 FEET: THENCE, TANGENT TO ~ 8.41l)CURFE; N5 3°16'l O"E~ 2. 43 FEET TO THE PO1BT OF BEGINNING. CONTAI3IING 1,510 8QUARE FEET (0.035 ACRES), MORE OR LF_~S ~'ARCEL 2: ' 'A portion of that certain par~l 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 Alaraeda County described as follows: BEGINNING AT A POINT ON THE GENERAL NORTHERLY LINE OF THAT CERTAIN 2a036 AcRE PARCEL DF_3CRIBED IN 8AID STAff DEED No. 44626, DISTANT THEREON S23o37'O4"g, 11.62 FEET FROM THE NORTHEJJTERLY TERkHNUS OF THE COURSE STATED AS '~r23°37'O4"E, 176.02 FEET," THEREIN; THENCE, ALONG &~rD GENERAL NORTHERLY LINE (4010 O.R. 30), N23°37'O4'~E~ 11.62 FEET; THENCE, N87°40'43"E, 131.87 FEET,. TttENCE LEAF1NG SAID GENERAL NORTHERLY LINE (4010 O.R. 30) WESTERLY, ALONG THE ARC OF A NON-TANGENT CURVE; CONCAgED NORTHERLY, THE RADIUS POBV'T OF WHICH BEARS NO9°53~6"W, It,4FING 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, PARCEL 4-ALA-580-22.7/23.9 Parcel DD-008141-01-01 A portion of each of the parcels of land conveyed to the State of California by deeds recorded as follows: Xtale Deed Number Recording Date Folume Page 8141 October 17, 1951 · 6562 267 8142 September 04, 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,, BEZI~G DESCRIBED AS WHOLE AS FOLLOV/S: BEGINNING AT .A POINT ON THE GENERAL NORTHERLY LINE OF THAT CERTAIN 20.036 ACRE PARCEL DESCRIBED 1~ ,F~4ID STATE DEED No. 44626, DISTANT THEREON S27037~39~, 49.821 FEET FROM THE MOST NORTHEASTERLY TERMZNUS OF THE COURSE iST'ATED AS '7%r27037'39'~E, 172.05 FEET", THEREIN; THENCE, ALONG SAID GENER.4L NORTHERLY LINE (4010 O.R. .30), N27°37'39"E, 49.83 FEET,' THENCE, NSl°39'44"E, 100.18 FEET; TIENCE, ,.g46°21'49"E, 105.68 FEE'IC' THF_.NCE~ N86019~.3"E, 227.27 FEET,. THENCE, N213°02'37'5~, 164.22 FEET,. THENCE; LEAV1NG LA,ST ,.V~4ID GENERAL NORTHERLY LZNE (4010 O.R- 30) AND ALONG THE GENERAL NORTHERLY LINE OF THAT CERTAIN 8.076 ACRE PARCEL DESCRIBED IN X,4ID STATE DEED No. 8141, N76°50'47"E; 111.84 FEET; THENCE, LF_,,4VING L4ST ,SAID GENERAL NORTHERLY LI~E (6562 O.R. 267) AND ALONG THE GENERAL NORTHERLY LINE OF THAT CEETAIN "PARCEL 2:', DESCRIBED 1N i~.lD STATE DEED No. 44626, N76*50'47"E, .30.00 FEET; THENCE, S.34014'51'E; 175.90 FEET,. THENCE, LEAVING L,48T SAID GENERAL NORTHERLY LI~E (4407 O.R. 191) 884'49'07"F,C, 386.521 FEET,. THENCE, tVESTERLY, ALONG THE ARC OF A TAYGENT CURVE, CONCAVED NORTHERLY, HAVING A RADIUS OF 1525.00 FEET, A CENTRAL ANGLE OF 12'24~50'; A DISTANCE OF 21210.42 FEET, TO .A POINT OF REVERSE CURFATURE; THENCE, 171zESTERLY, ALONG THE ARC OF ,4 TANGENT CURVE,' CONCAVED SOUTHERLY, HAVING A RADIUS OF 1175.00 FEET, A CElv'TRAL ANGLE OF 01'50'2Y~ A DISTANCE OF 37. 73 FEET TO TIE POINT OF BEGINNING. CONTAINING 44,392 SQUARE FEET (1.019 .ACRES), MORE OR LESX PARCEL 4: A portion of that certain parcel of land conveyed by state deed no 8141 to the State of California, recorded October 17, 1951, Volume 6562,.Page 267 and Parcel 2 of state deed No. 44625 to fixe 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 a~ follows: BEGINNING AT A POINT ON THE GENERAL NORTHERLY LINE OF THAT CERTAIN "PARCEL 2:' .dS DESCRIBED IN SAID STATE DEED No. 44625, DISTANT THEREON S24046'42"1~ 189.98 FEET FROM THE MOST NORTHEASTERLY TERMINUS OF THE COURSE ST,4TED AS '~24°46'42~W, 231.25 FEET'~ THEREIN; THENCE, ALONG SAID GENERAL NORTHERLY LINE (4407 0.1~ 191), N24*46'42"E, 189.98 FEET,' THENCE, I,F_.4 VI~G L48T 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, S50°387Y~,.282.54 FEET,' THENCE, ~85°01'13'E, 128.05 FEE~,. TO THE MOST VFF3TERLY CORNER OF THAT PARCEL OF LAND SHOVe'N AS '~EGMENT 7" ON SHEET 15 OF THAT CERTAIN SET OF MAPS OF 18 SHEETS ENTITLED "RELINQUIStlMENT IN THE COUNTY OF ALAMEDA" RECORDED APRIL 9, 1981, UNDER SERL4L NO. 81-055904, OFFICIAL RECORDS OF AL4MEDA COUNTY; TIENCE; ALONG THE SOUTHIVESTERLY LINE OF SAID SEGMENT 7 S62°26'35'F- 64.98 FEET,' THENCE, LEA VING L4ST 4-ALA -580-22.7/23.9 Parcel DD-008141-01-01 S~ID SO~TERLY LINE (6562 0.1~ 267)WESTERLY, ALONG THE tLRC OF A CURIE, CONCAIED NORTHERLY, AND T/INGENT TO THE SOUTHERLY LINE OF $AID 8EGMENT 7, THE 1%4DIUS POINT OF FFHICH BE4RS NOl°24~7"E, I~4FING A 164DRJS OF 450.00 FEET. A CF2VTRAL ANGLE OF 11°06'30", A DISTtlNCE OF 87.24 FEET,. THENCE T/INGENT TO L4ST CURF~ N77°29'03'~, 57.82 FEET,' THENCK WESTERLY~ ALONG THE ARC OF A TANGENT CURIE, CONCA FED SOUTHERLY, H~ FING A tMDIUS OF 1175.00 FEET, A CENTIL4L ANGLE OF 16e 41~4", A DISTANCE OF 342.44 FEET TO THE POEVT OF BEGINNEVG. CONZ42?~NG 28, 460 SQUAP~ FF_,~T'(O. 653 ACRES), MORE OR As to the above described PARCELS 1, 2, 3 and 4, there shall be no abutter's fights of access appurteaant to the abovo<lescrib~ real property in and to the adja~nt Stato floeway. The bearings and distances used in the above descriptions are on tim California Coordinate System based on North American Dahun-1927 (NAD27~ Zone 3. Multiply the above distances by 1.0000973 to obtain ~round level This real property des ' tion has bern prepared by me, or under my dire~tian, in oonformanoe with lhe Professional Land Surveyors A · , . Signature: ~d~~dz~~o; ~ · tl$ ~ or 4246 COORDINATES, DISTANCES AND BEARINGS SHOWN ARE BASED ON TIlE NORTH AMERICAN DA'IUM-1927 (NAD27), ZONE 3- MULllPLY DISTANCES BY 1.0000973 TO OBTAIN GROUND LEVEL DISTANCES. COUNTY OF ALAMEDA SECTION J~ SECTION 3 T.3 S., R.1 W. T. 3 S., R.1 Wo M.D.B. & U. DD'O08141-01-01 M.D.B. & U. PARCEL Nos, 1, 2, 3 AND 4 PARCEL 1 ' PARCEL 4 _~ ,,d, ~/I \ ~/\ _"---, PARC .PARCEL 3 ~ . "'" ' '' 2: ' ' D i; Resource's, inc. SCALE IN FEET 0 1ooo 2000 P//~ Plan/~lnge Eflgineerlng eSurveylng 2100 r~lo Fa~y 9~ $dle I00 , We~l Cre~ C8~I~ 94598.~2 1925i 210.93~ STATE OF CALIFORNIA BUSINESS, ~ANSPORTA~ON AND HOUSING AGENCY DEPAR~ENT OF TRANSPORTA~ON DISTRICT 04 DIRECTOR'S DEED DD-008141-01-01 DRAWN BY: DATE: 11/97 CHECKED BY: SCALE: 1"=,1000' co. RT .I ALA. 580 COORDINATES, DISTANCES AND BEARINGS SHOWN ARE BASED ON 1HE NORTH AMERICAN DATUM-1927 (NAD27), ZONE 3. MULTIPLY DISTANCES BY 1.0000973 TO OBTAIN GROUND LEVEL DISTANCES. COUNTY OF ALAMEDA PARCEL 1 1,510 Sq.ft. (o.os5± o.) / / LEGEND: / %, --a6'o2,14, e :3eS.OO' 'L =176;78'p, o N16'29'~3"E)~(18.85') Z 580 INDICATES CHANGE OF DIRECTION PROPOSED RIGHT OF WAY WiTH ABUTTERS RIGHT OF ACCESS PROHIBITED PROPOSED DUBUN BOULEVARD EXTENSION RIGHT OF WAY (S67'22'47"E)(458.30') RECORD BEARING AND DISTANCE AS SHOWN IN MONUMENTS MAP (SEE NOTE #2) / DD-008141-01-01 / / 75,227 Sq.'ft.(1 :.) / OF BEGINNING 19,29' N5Y1'6'10"E ,-,2.4Y 32.68' 31) 1,510 Sq.ft. (O.035+Ao.) SECTION 4 T.3S.,R.1 W. M.D.Bo & M. SCALE IN FEET 0 1 O0 200 p/Design Reaources, Inc. Planninge Engineering e ~ur v e ying 2700 Yg~acfo V~//ey Ro#~, $dle ~O W~ef ~e~ Caif~la 945~.3462 [~25) 2ffi.930~ 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. RTE,~ P.M ALA. 580 23,' DATE: 11/97 SCALE: 1"=100' , ] DR. NO. ) 20F5 COORDINATES. DISTANCES AND BEARINGS snow, ARE BASED ON ~E NO,~, PARCEL2 DD-008141-01-01 AMERICAN DATUM-1927 (NAB27), ZONE 3. MULnPL~ DmTANCES BY 1.0000973 TO SECTION 3 75,227 Sq.ft.(l o727+Ac.) OBTAIN CaOUNB LEVEL DISTANCES. 865 Sq.ft. DINT DF BE6INNING ~ .........F-'t"'-,"" """' ' 91 81' ~ ~ e/ ~ pTY ~ R ~a 5~ ~ ~ ~ 0 2 ~ , ~ ~~9~ LEGEND: Illlllll ,,,,,,1~,- "" .--- ~ ~ ---- "-" ~ ~6 "MN"' INDICATES CHANGE OF DIRECTION PROPOSED RIGHT OF WAY WITH ABUTTERS RIGHT OF ACCESS PROHIBITED PROPOSED DUBUN BOULEVARD EXTENSION RIGHT OF WAY (S67'22'47"E)(458.30') RECORD BEARING AND DISTANCE AS SHOWN IN' MONUMENTS MAP (SEE NOTE SCALE IN FEET 0 100 200 Design Resources, Inc. Plenninge Engineering =Surveying 2700 Y~?a¢lo Val~y Road, Sdte tOO Wa~ut Creek, Callfold= 94598-3462 1925/210-9300 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. RTE.~ P,~ ALA. 580 23. DATE: 11/97 SCALE: 1"=100' . ~ DR. NO. ) 3 OF5 -COORDINATES, DISTANCES ANO BEARIngS SHOWN ARE BASED ON 1HE NORTH AMERICAN DATUM-1927 (NAb27), ZONE 3, MULTIPLY DISTANCES fiY i.0000973 TO LEGEND: DD-O08141-01-01 ' 75,227 Sq,ft,(1.727:F.'Ac.) OBTAIN C, ROUNO LEVEL DISTAl, ICES. e INDICATES CHANGE OF DIRECTION _m ~ ~ ~ ~ ~ f m PROPOSED RIGHT 0F WAY WITH ABUTTERS RIGHT COUNTY OFALAMEDA OF ACCESS PROHIBITED ' BEGiNNiNG SECTION3 MONUME.NTS MAP (SEE NOTE #2)I (.S 16~;t~ ~N') ~:~,2 . /'  ' T.3 S., R.t W. SCHAEFER ¢-, ' ---j,_044626- - -') M.D.B. - HEIGHTS ,~...,, ..... t 0 269~Ac ) ASSOCIATE .~,~ : ...... ~ ~ / ~ ~. L=330,~'%44626-01-6'p--"-:-~/" k" ~" I 44,592 Sq.fL ~:~: ~ CA~ I~ (1.019~AC.) DISTRICT O~ .~2 ~ o z ~ ~ / 3 ~O2~o M2 ~ ~ 2 r ~ · DIRECTOR'S DEED ~7~; $ - ~ ~ ~ - - ~ DD-008~4~-0~ -G $ ~//,~ L~ SCALE IN FEET CO. RTE. P.M. 0 100 _- COORDINATES, DISTANCES AND BEARINGS SHOW/t4 ARE BASED ON THE NOR'II-I AMERICAN DATUM-1927 (NAD27),. ZONE 3. MULTIPLY DISTANCES BY 1.0000973 TO OBTAIN GROUND LEVEL DISTANCES. SECTION 3 T.3S.,R.1 W. M.D.Bo & M, LEGEND: ,\ e INDICATES CHANGE OF DIRECTION '~ls~ I,~s , PROPOSED RIGHT OF WAY WITH ABUTTERS RIGHT COUNTY OF ALAMEDA \ OF ACCESS PROHIBII'ED PROPOSED DUBLIN BOULEVARD EXTENSION RIGHT OF WAY DD-008141-01-0'1 PARCEL 4 (S67'22',4.7"E)(4-Se.,.'$O') RECORD BEARING AND DISTANCE AS SHOWN IN 75E, D227 Sq,ft,(1,727±Ac,)' 28,¢60 Sq.ft. \ ~ cu MONUMENTS MA~ (SEE N cOTE ~2) ____. \ ' pROPOS ""' -- ' ( 62'26'35" E) "" -- -'--= .=---- -- ~, "": ..... :~-,., ,:'- ,, .... (N aa 35 33 .w) -------~ . , = ,' , ,oj . ' " v _.-. ~ .---' ' ' II'al~t C~eek, alllornla 94598.3462 192~1 210-9300 I.,_ ~ ....,C.---" '"""" STATE OF CALIFORNIA ..._ -'r- ""' ~ 5SO "~t~" Lt~F-, HWY 580 · BUSINESS, TRANSPORTATION °o AND HOUSING AGENCY Z ~!~~~" DEPARTMENT OF TRANSPORTATION ~ 'r'~' DISTRICT 04. .,,- DIRECTOR'S DEED ~ DD-008141-01-01 -o~ 'C 03 DRAWN BY: DATE: 11/'97 '?-..b m .:,, CHECKED BY: SCALE: 1"=100' SCALE IN FEET CO, R'~E. [' P.N~,.~ ' DR. NO. 0 100 200 ALA. 580 22. 5 OF 5