Loading...
HomeMy WebLinkAboutItem 4.08 Dub Ran G Right Entry CITY CLERK File # 0600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: March 21, 2000 SUBJECT: Improvement Agreement and Right of Entry for central Parkway, Collector B and Dublin Boulevard and Related Improvements for Area G/Dublin Ranch Report prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) Resolution Approving Agreement and Authorizing Mayor to execute the Agreement Agreement RECOMMENDATION: ~opt Resolution FINANCIAL STATEMENT: The cost of constructing the improvements will be paid by the developer. The developer will receive credits for constructing those improvements which are Eastern Dublin Traffic Impact Fee improvements and for dedicating right-of-way needed for such improvements. DESCRIPTION: On March 7, the Council approVed a General Plan and Specific Plan Amendment for Dublin Ranch Areas F, G and H and introduced an ordinance to approve a Stage 1 Planned Development Rezone for Areas F and H and a Stage I and II Planned Development Rezone for Area G. In a related agenda item tonight, the Council will consider adopting the ordinance approving the Planned Development Rezonings. On March 14, 2000, the Planning Commission approved Master Vesting Tentative Map 7148 for Dublin Ranch Area G (PA 99-044). The Master Vesting Tentative Map will create ten master development parcels in the area of Dublin Ranch known as Area G/Town Center. Some of the ten parcels created by the Master Vesting Tentative Map will be further subdivided and some parcels will require no further subdivision. For example, the high density residential areas may not be further subdivided. The Conditions of Approval of the Master Vesting Tentative Map require certain infrastructure improvements to be constructed by the developer. These conditions include construction of Central Parkway from Tassajara Road to Collector Street "B" (2 lanes); Collector Street "B" from Central Parkway to Dublin Boulevard (2 lanes); Dublin Boulevard from Collector Street "B" to Tassajara Road (4 lanes); turn lanes on Tassajara Road; signal improvements; and storm drain improvements. COPIES TO: Marty Inderbitzen, Lin's Attorney John DiManto, Adjacent Property Owner g:\develop\dub ranch\areas f-g-h\agst imp agmt & roe ITEM NO. Construction of these improvements will facilitate the development the master parcels within Area G. However, because other improvements are necessary to satisfy all of the conditions of approval for Tentative Map 7148, a further improvement agreement will be required to secure the developer's obligation to construct the additional improvements which are not included in this agreement. The "Improvement Agreement and Right of Entry for Central Parkway, Collector B, Dublin Boulevard and Related Improvements" specifies the developer's obligations for construction of these improvements. It also grants the Jennifer Lin family, as the developer, the right to enter upon and construct Central Parkway and Dublin Boulevard improvements upon the property that the City has recently acquired through an eminent domain action. The agreement requires the improvements to be completed by June 30, 2001; requires security and insurance; provides for City inspection of the work; provides the developer a right of entry on the City land necessary for the improvements; requires the owner to indemnify the City from any claims or actions related to the construction; indicates the City's intent to form a storm drainage benefit district to require the developer of the adjacent property to reimburse the Lins for storm drain improvements; and contains miscellaneous other provisions. The agreement is within the scope of the program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91-103064), certified by the City in May 1993, together with two addenda to that EIR dated May 4, 1993 and August 22, 1994. All significant environmental impacts not addressed by the program EIR were analyzed in the Mitigated Negative Declarations for Areas F, G and H, which were approved on March 7, 2000, by Council Resolution. Staff recommends that the Council adopt the resolution approving the agreement and authorizing the Mayor to execute the agreement° Page 2 RESOLUTION NOo - 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY FOR CENTRAL PARKWAY, COLLECTOR B AND DUBLIN BOULEVARD AND RELATED IMPROVEMENTS FOR ARE G/DUBLIN RANCH WHEREAS, the Council has been presented with an agreement entitled "Improvement Agreement And Right Of Entry For Central Parkway, Collector B And Dublin Boulevard And Related Improvements For Area G/Dublin Ranch"; and WHEREAS, the Council is familiar with the terms of the agreement; and WHEREAS, the City Manager has recommended approval of the agreement; and WHEREAS, the agreement is within the scope of the program Environmental Impact Report for the Eastern Dublin General Plan Amendment and Specific Plan (SCH 91-103064), certified by the City in May 1993, together with two addenda to that EIR dated May 4, 1993 and August 22, 1994. All significant environmental impacts not addressed by the program EIR were analyzed in the Mitigated Negative Declarations for Areas F, G and H, which were approved on March 7, 2000, by Council Resolution. NOW, THEREFORE, the Council hereby approves this agreement and authorizes and directs the Mayor to sign the agreement. PASSED, APPROVED AND ADOPTED this 21st day of March 2000, by the following vote: AYES: NOES: · ABSENT: ABSTAIN: ATTEST: MAYOR CITY CLERK g:develop\dublin ranch\areas f-g-h\reso imp agmt & roe IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY FOR CENTRAL PARKWAY, COLLECTOR B AND DUBLIN BOULEVARD This agreement is made and entered into this day of__., 2000, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Chang Su-O-Lin (also known as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lin (also known as Kevin Lin), hereinafter referred to as "OWNER". RECITALS WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of California, that OWNER desires to improve and dedicate the following improvements (hereafter collectively "The Improvements"): Improvement of Central Parkway (the "Central Parkway Improvement"). OWNER shall construct Central Parkway from Tassajara Road to Collector "B" as follows: OWNER shall construct two 16-foot lanes with 8-foot shoulders (one eastbound and one westbound in each direction), 16-foot median as per improvement plans prepared by MacKay & Somps Infrastructure Group, Assessment District 2000-1, dated March 15, 2000, and the Dublin Ranch - Areas F, G and H Precise Plan Lines prepared by the same said company, dated November 1999, and to the satisfaction of the Director of Public Works. Improvements shall include the ultimate median curb, final 15avement section minus 2" future overlay, appropriate drainage swales, fencing, storm drainage, street lights, and rough grading to future roadway width. A diagram showing the Central Parkway Improvements is attached as Exhibit A. Improvement of Collector B (the "Collector B Improvement"). OWNER shall construct Collector B between Central Parkway and Dublin Boulevard as follows: OWNER shall construct two 12-foot travel lanes (one northbound and one southbound in each direction) with 8-foot parking lanes (one in each direction), 20-foot median as per improvement plans prepared by Mac Kay & Somps Infrastructure Group, Assessment District 2000-1, dated March 15,2000, and the Dublin Ranch - Areas F, G and H Precise Plan Lines prepared by the same said company, dated November, 1999, and to the satisfaction of the Director of Public Works. Improvements shall include the ultimate median curb, final pavement section, appropriate drainage swales, fencing, storm drainage, street lights and rough grading to future roadway width. A diagram showing the Collector B Improvements is attached as Exhibit B. Improvement of Dublin Boulevard (the "Dublin Boulevard Improvement"). OWNER shall construct Dublin Boulevard from Collector B to Tassajara Road as follows: Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard OWNER shall construct four 12-foot travel lanes (two eastbound and two westbound in each direction) with 8-foot shoulders (one in each direction), 28-foot median as per the improvement plans prepared by Mac Kay & Somps Infrastructure Group, Assessment District 2000-1, dated March 15, 2000, and in accordance with the Dublin Ranch - Areas F, G and H Precise' Plan Lines prepared by the same said company, dated November, 1999, and to the satisfaction of the Director of Public Works. Improvements shall include the ultimate median curb, final pavement section minus 2" future overlay, appropriate drainage swales, fencing, street lights, storm drainage, and rough grading to future roadway width. A diagram showing the Dublin Boulevard Improvements is attached as Exhibit C. Improvements of Tassajara Road (the "Tassajara Road"). OWNER shall construct street improvements of Tassajara Road at the intersections of Dublin Boulevard and Central Parkway as follows: OWNER shall construct a 12-foot-wide 300-fo0t-long right-turn lane with a 90-foot transition on northbound Tassajara Road, and two 12-foot wide 260-foot long left turn lanes with a 120-foot transition in the westbound Central Parkway and modify the existing traffic signal to a four-way traffic signal at the intersection of Central Parkway. OWNER shall construct a 29' wide 300 long right turn lane on northbound Tassajara Road and two 12'-wide 250 foot long left turn lanes with a 120 feet transition on south bound Tassajara Road, and a three 12'-wide 250 long left turn lane with 180 transition in the westbound Dublin and modify the existing traffic signal to a four-way traffic signal at the intersection of Dublin Boulevard." Future Signal Improvements: OWNER shall install conduit for future Traffic Signals in the intersections shown in the Dublin Ranch - Area F, G & H precise plan lines prepared by MacKay & Somps Infrastructure Group, dated November 1999, at the following intersections: Dublin Boulevard and A street Dublin Boulevard and Main Street Dublin Boulevard and B street Central Parkway andA street Central Parkway and Main Street Central Parkway and B street B street and C street B street and D street Intersection improvements shall be installed at ultimate median improvements. Storm Drain: OWNEP~ shall construct all storm drain improvements as shown on Sheet 2A of 43 Improvements Plans Assessment District 2000-1 and per the Master Storm Drain Improvements prepared by MacKay & Somps Infrastructure Group, dated May 1999, and to the satisfaction of the Director of Public Works. Improvements shall include all storm drain lines and manholes, outfalls, inlet structures, and pump stations. Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard Page 2 of 15 March 15, 2000 Miscellaneous Improvements: Owner shall construct Area G Grading as shown on the Improvements Plans prepared by MacKay & Somps Infrastructure Group for Assessment District 2000-1, dated March 15, 2000. If needed, OWNER shall construct paved access for Fire and emergency vehicles on Dublin Boulevard, Collector B 'and Central Parkway. Improvements shall also include interim and final traffic safety devices, signs, striping, painted curbs, barricades, traffic handling plans, construction signage, or any other traffic control measures shall be in accordance with Alameda County Fire Department and City of Dublin standards. OWNER shall construct all joint utility trenches (such as electric, telephone, cable TV, and gas) along City streets as shown on the Tentative Map, and in accordance with the appropriate utility jurisdiction and the City of Dublin guidelines. All communication vaults, electric transformers, cable TV boxes, blow-off valves, and any appurtenant utility items thereto shall be underground to the extent possible and located behind the proposed sidewalk within the public service easement, unless otherwise approved by the Director of Public Works and any applicable agency. All conduit shall be under the sidewalk within the public right-of-way to allow for street tree planting. Utility plans, showing the location of all proposed utilities (including electrical vaults and underground transformers) behind the sidewalk, shall be reviewed and approved by the Director of Public Works. Location of these items shall be shown on the Final Landscaping and Irrigation Plan. OWNER shall install two 3-inch conduits and related pull boxes (spaced a maximum of 500 feet apart) for specific City purposes in all joint trenches. The Improvements shall be designed and constructed in accordance with City of Dublin Public Works Standard Plans; the requirements of the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Dublin; and the above referenced plans, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as thoUgh set forth at length herein; and WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication of right-of-way and The Improvements in consideration for OWNER's satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, City will provide OWNER with a fight to enter those lands required for construction of The Improvements which are not owned by OWNER; WHEREAS, construction of The Improvements will satisfy certain of the conditions of approval of Master Vesting Tentative Map 7148; and WHEREAS, OWNER and CITY will enter into a separate agreement for construction of improvements left to be constructed by the conditions of approval of Master Vesting Tentative Map 7148, NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard Page 3 of 15 March 15, 2000 Section 1. Completion Time. OXXrNER will commence construction of The Improvements within thirty (30) days following the date on which CITY executes this Agreement and shall complete such improvements by July 1, 2001. Time is of the essence in this Agreement. Upon completion, OWNER shall furnish CITY with a complete and reproducible set of final as-built plans of The Improvements, including any authorized modifications. OWNER shall complete such Improvements no later than one year following execution of this agreement. Section 2. Estimated Cost of Improvements. For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to be $4,009,000. Said mounts include costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. Section 3. Bonds Furnished. Concurrently with the execution of this Agreement, OWNER shall furnish CITY with the following security in a form satisfactory to the CITY Attorney: Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent of fifty per cent (50%) of the estimates set forth in Paragraph 2 and sufficient to assure CITY that OWNER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor. CITY shall be the sole indemnitee named on any instrument required by this Agreerhent. Any instrument or deposit required herein shall conform with the provisions of Chapter 5 of the Subdivision Map Act. Section 4. Insurance Required. Concurrently with the execution hereof, OWNER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, or his designee, as to form, amount and carrier. Prior to the commencement of work under this Agreement, OWNER's general contractor shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph, and such insurance shall have been approved by the Administrative Services Director of CITY, as to form, amount and carrier. OWNER shall not allow any contractor or subcontractor to commence Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard Page 4 of 15 March 15, 2000 work on this contract or subcontract until all insurance required for OWNER and OWNER's general contractor shall have been so obtained and approved. Said' insurance shall be maintained in full force and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: (i) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) (ii) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (iii) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. b. Minimum Limits of Insurance. OWNER shall maintain limits no less than: (i) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (ii) Automobile Liability: $1,000,000 combined single limit per accident for . bodily injury and property damage. (iii) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the OWNER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard Page 5 of 15 March 15, 2000 (i) General Liability and Automobile Liability Coverages. (a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the OWNER; products and completed operations of the OWNER; premises owned, occupied or used by the OWNER; or automobiles owned, leased, hired or borrowed by the OWNER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. (b) The OWNER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the OWNER's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. (d) The OWNER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (ii) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the OWNER for the CITY. (iii) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. (a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. (b) Verification of Coverage. OWNER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard Page 6 of 15 March 15, 2000 that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. (c) Subcontractors. OWNER and/or OWNER's general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Section 5. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, OWNER guarantees all work executed by OWNER and/or OWNER's agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of_the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. OWNER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. OWNER further covenants and agrees that when defects in design, workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period shall automatically be extended for the corrected items for an additional year to insure that such defects have actually been corrected. In the event the OWNER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time or such longer time period as agreed to in writing by the Director of Public Works, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and OWNER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and OWNER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, OWNER shall pay, in addition to actual costs and expenses of such repair or work, twenty-five percent (25%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard Page 7 of 15 March 15, 2000 Section 6. Inspection of the Work. OWNER shall guarantee free access to CITY through its Public Works Director/City Engineer and his designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by OWNER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the Improvements plans and specifications. Section 7. Agreement Assignment. This Agreement shall not be assigned by OWNER without the written consent of CITY. Section 8. Abandonment of Work. Neither OWNER nor any of OWNER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of OWNER's obligations under this Agreement. If OWNER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if OWNER should be adjudged as bankrupt, or should make a general assignment for the benefit of OWNER's creditors, or if a receiver should be appointed, or if OWNER, or any of OWNER's contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its Public Works Director may serve written notice on OWNER and OWNER's surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of OWNER. In the event of any such notice of breach of this Agreement, OWNER's surety shall have the duty to take over and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written - notice of its intention to take over the performance of the contract, and does not commence performance . thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute th~ same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of OWNER and OWNER's surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to OWNER as may be on the site of the work and necessary therefor. Section 9. Notices All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard Page 8 of 15 March 15, 2000 Notices required to be given to CITY shall be addressed as follows: Lee Thompson Director of Public Works City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to OWNER shall be addressed as follows: Martin Inderbitzen Attorney at Law 5510 Sunol Boulevard, Suite A Pleasanton, California 94566 and The Lin Family c/o James Tong 6601 Owens Drive, Suite 100 Pleasanton, CA 94588 Notices required to be given surety of OWNER shall be addressed as follows: Martin Inderbitzen Attorney at Law 5510 Sunol Boulevard, Suite A Pleasanton, California 94566 Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. Concurrently with the execution of this Agreement, OWNER has executed and has caused to be acknowledged an abstract of this Agreement. OWNER agrees CITY may record said abstract in the Official Records of Alameda County. Section 10. Use of Streets or Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all of the streets to be constructed under this Agreement shall be at the sole and exclusive risk of OWNER. Section 11. Safety Devices. OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. OWNER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard Page 9 of 15 March 15, 2000 the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the OWNER, and the entire site left clean and orderly. Section 12. Acceptance of Work. Upon notice of the completion of The Improvements and the delivery of a set of final as-built mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer or his designated representative, shall examine the work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify OWNER or his designated agents of such acceptance. Section 13. Patent and Copyright Costs. In the event that sgid plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, OWNER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. Section 14. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. Section 15. Liability. OWNER Primarily Liable. OWNER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. OWNER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of OWNER, its employees, agents, or independent contractors in connection with OWNER'S actions and obligations hereunder; provided as follows: (i) That CITY does not, and shall not, waive any rights against OWNER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by OWNER, of any of the insurance policies described in Paragraph 3 hereof. Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard Page 10 of 15 March 15, 2000 (ii) That the aforesaid hold harmless agreement by OWNER shall apply to all damages and claims for. damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. bo Design Defect. If, in the opinion of the CITY, a design defect in the work of Improvements becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the Improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, OWNER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. Co Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against OWNER's surety on the bonds provided under Section 3. Section 16. Right of Entry. CITY grants to OWNER a right of entry to enter upon the property described in Exhibit D with such personnel, equipment, machinery, vehicles and materials as may be necessary for the sole purpose of construction of The Improvements pursuant to this Agreement. This right of entry shall be effective upon the date of this agreement and shall terminate on July 1, 2001. There shall be no payment for the right of entry. OWNER's obligation to indemnify, defend and hold CITY harmless, as described in Section 15, shall be applicable to any acts or omissions of OWNER, its contractors, subcontractors and agents, in connection with this right of entry. Prior to imposing a condition on a land use entitlement for the property adjacent to the property described in Exhibit D to construct improvements in or adjacent to the area described in such exhibit during the effective term of the right of entry, CITY will consult with OWNER to determine whether any additional conditions can or should be imposed on such land use entitlement or whether an amendment to this agreement is needed to assure that OWNER and OWNER'S contractors are able to use the property described in Exhibit D to construct The Improvements without interference and to assure that liability for any damage to improvements to be constructed in the Exhibit D area or on the adjacent property is properly apportioned between OWNER and the developer/owner ofthe adjacent property. Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard Page 11 of 15 March 15, 2000 Section 17. Indemnification and Waiver. OWNER shall defend CITY, its officers, employees and officials, against any claims or actions (including declaratory or injunctive relief) concerning OWNER's construction of The Improvements on OWNER's property or on the property described in Exhibit D and shall indemnify and hold CITY harmless from any damages, charges, fees or penalties that may be awarded or imposed against CITY and/or OWNER in connection with, or on account of, OWNER's construction of The Improvements and/or CITY's failure to enforce or comply with any applicable laws. OWNER waives any claim or cause of action against CITY in connection with the construction of The Improvements by OWNER prior to the effective date of Master Vesting Tentative Map 7148. Section 18. Credits. CITY shall provide a credit to OWNER for dedication of any right-of-way needed for The Improvements if such right-of-way is needed for improvements described in the Eastern Dublin Traffic Impact Fee (Resolution No. 225-99). All aspects of the credit shall be governed by the City's Administrative Guidelines (Resolution No. 23-99). CITY shall provide a credit to OWNER for construction of The Improvements if such improvements are described in the Eastern Dublin Traffic Impact Fee (Resolution No. 225-99) and if such improvements are constructed in their ultimate location. All aspects of the credit shall be governed by the City's Administrative Guidelines (Resolution No. 23-99). Section 19. Storm Drainage Benefit District. Owner has previously requested formation of a Storm Drainage Benefit District in order to provide a mechanism to reimburse Owner for the total cost of that portion of the storm drain system to be constructed under this agreement that benefits properties not owned by Owner. City shall take all actions within its power to form such a district. Section 20. '" Relationship to Master Development Agreement City agrees that The Improvements satisfy the OWNER's obligation under Section 13 of the Master Development Agreement to assure that all arterial streets and major infrastructure (including the "backbone infrastructure" and any other needed infrastructure not listed on Exhibit D to the Master Development Agreement) are provided for Area G prior to development of Area G (as the term "develop" is used in Section 7 of the Master Development Agreement) with the following exceptions: Section 21. Development in Area G No Certificate of Occupancy shall be issued until The Improvements have been completed for any building within Area G. Section 22. Recitals. The foregoing Recitals are true and correct and are made a part hereof. Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard Page 12 of 15 March 15, 2000 IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN: By: Guy S. Houston, Mayor Date: ATTEST: By: Kay Keck, City Clerk Date: Approved as to Form: Elizabeth H. Silver, City Attorney OWNER: Date: Chang Su-O-Lin (also known as Jennifer Lin) Date: Hong Lien Lin (also known as Frederici~ or Frederic Lin). Hong Yao Lin (also known as Kevin Lin) Approved as to Form: Date: Martin W. Inderbitzen Attorney for Lin Family J:\WPDWINRSW~ 114\14 lXAgree\improvement_314.wpd EHS:rja Improvement Agreement and Right of Entry for Central Parkway Collector B and Dublin Boulevard Page 13 of 15 March 15, 2000 -- TASSAdARA BLVD. sTREET CENTRAL PARKWAY DUBLIN BLVD. TASSAJARA BLVD. =~ -=- _ _~ - B sTREET FEE TITLE DESCRIPTION Fee title acquisition for the purposes of widening Tassajara Road and the construction of Dublin Boulevard, Central Parkway and Gleason Drive in the City of Dublin, Alameda County, California, along and through the lands of Dublin Land Company, a deed for which was recorded September 30, I983, Series 83-182776, Alameda County Records. The fee title right-of-ways are described as follows: *NOTE: See Exhibit D for Parcels A through E and points of beginning referenced in Exhibit C. PARCEL F', Tassajara Road (Fee Title) . BEGINNING at the first hereinabove referenced POINT OF BEGINNING for PARCEL A; thence leaving said POINT OF BEGINNING along the easterly tine of Tassajara Road S I °I 3 '07"W 172.80 feet; thence S1°12'54"W 2207.39 feet; thence S88°44'32"E 18.39 feet; thence SI°15'25"W 234.16 feet; thence leaving said easterly line S88°47'06"E 10. I2 feet; thence NOO°29'lg"w 381.27 feet; thence N01°12'54"E 947.52 feet; thence N02°56'41"W 165.44 feet; thence N01°12'54"E 505.98 feet; thence S88°47'06"E 9.00 feet; thence N01°12'54"E 360.00 feet; thence N00°52'10"E 165.00 feet; thence N00°03'33"W 89.68 feet to the southerly line of Tract 6925; thence along said southerly line N88°39'20"W 11.00 feet to the POINT OF BEGFt4NING. - Containing 0.761 acres, more or less. PARCEL G, Tassajara Road (Fee Title) BEGINNING at the above described POINT A on the easterly line of Tassajara Road; thence along said easterly line S01 °15'28"W 503.97 feet; thence along a tangent curve to the left having a radius of 234.02 feet through a central angle of 16°03'36" for an arc length of 65.60 feet to a point of compound curvature; thence along a curve to the left having a radius of 29.00 feet through a central angle of 38°35'34'' for an arc len=o~th of !9.54 feet; thence leaving said easterly line of Tassajara Road N01°I2'54"E 383.95 feet; thence NO I°32'46"W 200.64 feet; thence NSg°47'06"W 10.12 feet to the POINT OF BEGINNING. Containing 0.237 acres, mbre or tess~. PARCEL H, Dublin Boulevard (Fee Title) COMMENCING at the above described POINT A on the ea. sterty line of Tassajara Road; thence S88°47'06"E 10.12 feet to the TRUE POINT OF BEGINNING; thence S01°32'46"E 200.64 feet; thence S88°47'06"E 33.00 feet; thence N46°I2'54"E 28.28 feet; thence N02°13'07"W 32.06 feet; thence S88°47'06"E 277.84 feet; thence S88°29'55"E 200.00 feet; thence S88°47'06"E 368.55 feet to the easterly line of Dublin Land Co., Series 83-182776; thence along said easterly line N01°08'49"E 76.00 feet; thence leaving said easterly line NSg°47'06"W 69.06 feet; thence N86°55'25"W 400.21 feet; thence N88°47'06"W 129.48 feet; thence N01°12'54"E 9.00 feet; thence N88°47'06"W 253.58 feet; thence N02© 13'07"W 32.06 feet; thence N44°38' 13"W 27.86 feet; thence N88°47'06"W 33.01 feet to the TRUE POINT OF BEGINNING. Containing 1.933 acres, more or less. Fee Title Description continued PARCEL J, Central Parkway (Fee Title) BEGINNING at the above described POINT B; thence N46°I2'54"E 28.28 feet; thence N04°I6'07:'W 32.15 feet; thence S88°47'06"E 240.70 feet; thence S89°52'35"E 420.08 feet; thence S88°47'06"E 206.02feet to the easterly line of Dublin Land Co., Series 83-182776; thence along said easterly line N01°08'49"E 40.00 feet; thence leaving said easterly line N88°47'06"W 205.88 feet; thence N88°01'16"W 300.03 feet; thence N88°47'06"W 119.79 feet; thence N01°I2'54"E 9.00 feet; thence N88°47'06"W 246.86 feet; thence N04°I6'07"W 32.15 feet; thence N43°47'06"W 28.28 feet; thence N88°47'06"W 33.00 feet; thence S02°56'41"E I65.44 feet; thence S88°47'06"E 33.00 feet to the POINT OF BEGINNING. Containing 1.171 acres, more or less. PARCEL K, Gleason Drive (Fee Title) BEGINNING at the above described POINT C; .thence N46°I2'54"E 28.28 feet; thence N00°45'32"E 32.00 feet; thence S88°47'06"E 249.95 feet; thence S89°52'35"E 420.08 feet; thence S88°47'06"E 195.73 feet to the easterly line of Dublin Land Co., Series 83-182776; thence along said easterly line NI°08'49"E 40.00 feet; thence leaving said easterly line N88°47'06"W 195.59 feet; thence N88°01'16"W 300.03 feet; thence N88°47'06"W 119.79 feet; thence N01°12'54"E 9.00 feet; thence N88°47'06"W 250.74 feet; thence N00°45'32"E 32.00 feet; thence N43°47'00"W 28.29 feet; thence N88°47'06"W 33.00 feet; thence S00°52'10'W 165.00 feet; thence S88°47'06"E 33.00 feet to the POINT OF BEGINNING. Containing 1.171 acres, more or less. Total fee title acquisition is 5.273 acres, more or less. This real property description h~ been prepared by me, or under my direction, in conformance with the Professional .La..~nd..S. urveyors Act.  Date ~:~ MAC~Y & SOMPS - ~ Infrastructure Group San Ramon, California EASEMENT DESCRIPTION Easements for the purposes of widening Tassajara Road and the construction of Dublin Boulevard, Central Parkway and Gteason Drive in the City of Dublin, Alameda'County, California, along and through the lands of Dublin Land Company, a deed for which was recorded September 30, 1983, Series 83-182776, Alameda County Records. Parcels A through E correspond to the various street right-of-ways as shown on the current plan lines. 'Parcels F, G, H, J and K are the portions of the streets being purchased in fee title and a drainage and utility easement is being acquired over the remainder. The easements are granted for purposes of grading and installing utilities in the ultimate location and paving a portion of the streets. The existing poles on Tassajara Road will be relocated. The drainage and utility easements are described as follows: PARCEL A, Tassajara Road BEGINNING at the most northwesterly comer of above said land, said comer being on the easterly line of Tassajara Road, 66.00 feet in width and the southerly line of Tract 6925, Dublin Ranch, the map of which was filed in Book 241 of Maps it. Page 39, Alameda County Records and said Point of Beginning bears N01°I 3'07"E 172;83 feet and S88°39'20"E 33.00 feet from the monument "Tass 3" on the centerline of Tassajara Road; thence leaving said Point of Beginning along the easterly line of Tassajara Road S 1 o 13'07"W 172.80 feet; thence S 1 ° 12'54"W 2207.39 feet; thence S88°44'32"E 18.39 feet; thence SlOI5'2g"w 234.16 feet to a point hereafter 'known as POrNT A which bears N01°12'54"E 114.52 feet'and S88°47'06"E 51.21 feet from the monument "Tass 1" on the centerline of Tassajara Road; thence leaving the easterly line of Tassajara Road S88°47'06"E 43.13 feet; thence N00°29'19"W 381.76 feet; thence NI°I2'54"E 947.03 feet to a point hereafter known as POINT B; thence N88°47'06"W 33.00 feet; thence N02056'41"W 165.44 feet; thence S88°47'06"E 33.00 feet; thence N01°12'54"E 505.98 feet; thence S88°47'06"E 9.00 feet; thence N01°12'54"E 360.00 feet to a point hereafter known as POINT C; thence N88°47'06"W 33.00 feet; thence N00°52'10"E 165.00 feet; thence S88°47'06"E 33.00 feet; thence Nl°t3'07"E 89.66 feet to the southerly line of above said Tract 6925; thence along said southerly line N88°39'20"W 46.00 feet to the POINT OF BEGINNING. Containing 2.494 acres, more or less. PARCEL B, Dublin Boulevard COMMENCING at the above described POINT A on the easterly line of Tassajara Road; thence S88°47'06"E 10.12 feet to the TRUE POINT OFBEGINNING; thence S01°32'46"E 200.64 feet; thence S88747'06"E 33.00 feet;. thence N46°12'54"E 28.28 feet; thence S88°47'06"E 275.84 feet; thence S88°29'55"E 200.00 feet; then~ S88°47'06"E 368.67 feet to the easterly line of Dublin Land Co., Series 83-182776; thence along said easterly line Nl°08'49"E 140.00 feet; thence leaving said easterly line N88°47'06"W 68.51 feet; thence N86°55'25"W 400.21 feet; thence N88°47'06"W I30.00 feet; thence NI°I2'54"E 9.00 feet; thence N88°47'06"W 255.50 feet; thence N44°38' 13"W 27.86 feet; thence Ngg°47'06"W 33.01 feet to the TRUE POINT OF BEGINNING. Containing 3.181 acres, more or less. PARCEL C, Central Parkway BEGINNING at the above described POINT B on the easterly line of Tassajara Road; thence N46°I2'54"E 28.28 feet; thence S88°47'06"E 237.93 feet; thence S89°52'35"E 420.08 feet; thence S88°47'06"E 205.75 feet to the easterly line of Dublin Land Co., Series 83-182776; thence along said easterly line N l°08'49"E 104.00 feet; thence leaving said easterly line N88°47'06"W 205.63 feet; thence N88°0I'I6"W 300.03 feet; thence N88°47'06"W 120.00 feet; thence Nl°I2'54"E 9.00 feet; thence N88°47'06"W 249.93 feet; thence N43°47'06"W 28.28 feet; thence N88°47'06"W 33.00 feet; thence S02°56'4 I"E 165.44 feet; thence S88°47'06"E 33.00 feet to the POINT OF BEGINNING. Containing 2.449 acres, more or less. Easement Description continued PARCEL D, Gleason Drive BEGINNING at the above described POINT C on the easterly line of Tassajara Road; thence N46°f2'54"E 28.28 feet; thence S88°47'06"E 250.00 feet; thence S89°52'35"E 420.08 feet; thence S88°47'06"E 195.46 feet to the easterly line of Dublin Land Co., Series 83-182776; thence along said easterly line N 1 °08'49"E 104.00 feet; thence leaving said easterly line N88°47'06"W 195.34 feet; thence NSg°01"16"W 300.03 feet; thence N $8°47'06"W 120.00 feet; thence Nl°12'54"E 9.00 feet; thence NgS°47'06"W 250.99 feet; thence N43°47'00"W 28.28 feet; thence N88047'06''W 33.00 feet; thence S00°52' 10"W 165.00 feet; thence S88 °47'06"E 33.00 feet to the PO1NT OF BEGINNING. Containing 2.443 acres, more or less. PARCEL E, Tassajara Road BEGINNING at the above described POINT A on the easterly line of Tassajara Road; thence along said easterly tine S01°15'28"W 503.97 feet; thence along a tangent curve to the left having a radius of 234.02 feet through a central -angle of 16o03'36" for an arc len~h of 65.60 feet to a point of compound curvature; thence along a curve to the left having a radius of 29.00 feet through a central angle of 64°03'43TM for an arc len~h of 32.43 feet to a point of compound curvature; thence along a curve to the left having a radius of 164.02 feet through a central angle of 05°34'3 I" for an arc length of 15.96 feet to a point of reverse curvature; thence along a curve to the right having a radius of I78.02 feet through a central angle of 01°44'09'' for an arc Ien~h of 5.39 feet; thence leaving said easterly Iine of Tassajara Road N01°12'54"E 391.35 feet; thence N88°47'06"W 33.00 feet; thence NOI°32'46"W 200.64 feet; thence N$8°47'06"W 10.12 feet to the POINT OF BEGINNING. Containing 0.532 acres, more or less. EXCEPTING THEREFROM, the portions of the above described parcels that are being purchased in fee title which are described in Exhibit C: Total Drainage and Utility Easements is 5.826 acres, more or less. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors ~ lira| No. 25573 · ~ ~' ~P t2.5I-of J ~ ~/ Prepared bythe fi~ of San Ramon, California SLOPE EASEMENT DESCRIPTION ,2/ A slope easement along the northerly line of GIeason Drive through the Lands of Dublin Land Company, a deed for which was recorded September 30, 1998, Series 83~182776, Alameda County Records and described as follows: PARCEL L, Slope Easement BEGINNING at the most northeasterly comer of Parcel D described above; thence along the easterly line of Dublin ~Land Co. (Series 83-152776) N01°08'49"E 15.00 feet; thence leaving said easterly line S82°40'58"W 101.I0 feet to the northerly line of above said Parcel D; thence along said northerly line S88°47'06"E 100.00 feet to the POINT OF BEGINN~G. Containing 0.017 acres, more or less. This real property description has been prepared by me, or under my direction, in conformance with the ProfessionaI Land Surveyors Act. XN¢~CIV1L~/I Prepared by the fi~ of ~: :~~ mC~Y & SOMPS '--~:.: -:= z:- Infrastructure Group San Ramon, California Date TEMPORARY CONSTRUCTION EASEMENTS DESCRIPTION Temporary construction easements for the purposes of constructing Dublin Boulevard, Central Parkway and Gleason Drive in the City of Dublin, Alameda County, California, along and through the lands of Dublin Land Company, a deed for which was recorded September 30, 1983, Series 83-1527.76, Alameda County Records and described as follows: A strip of land ten (10) feet in width, contiguous to the perimeter of the above described Parcels B, C, D, and L. Said temporary easement shall expire 9 months from the dat6 this document is fully executed. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. Prepared by the firm of MACKAY & SOMPS Infrastructure Group San Ramon, California MAPS OF PROPERTY DESCRIPTIONS I~,q T~ tt z z 0 ~ ~ :g ........ N88~47'06" W- _ ~ 0' ~ ~ ~'- NS~47'0¢W 255:5 [ ~ 150-00' . ,.. .... 255.58' ~ ~V'~ 129.48' ~'~'~ :EL B~ ~P~C~ ~~ 277.84' ~ ~.~/.~ 200.00" ! 275.84' 200.00' ~ NS~47'O6"W .. .. NS~29'55"W- DUBLIN Z O "~' I:0 ~ ZC~ Z~ 0 100 200 SCALE: 1" = 100' ,Shce-J' / o-~ ~ 12-3-9~ PLATTO ACCOMPANY DESCRIPTION DUBUN LAND COMPANY DUBUN CAUFORNIA '" ALAMEDA COUN'rY. CALIFORNIA MARCH. 1999 lilACS& SomPs INFRASTRU(3TURE QROUP S~ee~ 5 L/tIE '"'0 17.00' C ENTRAL 0 I00 SCALE: 1" = 100' SI/eel Z o~c ~ 2OO Z EXlqlRIT "G' 1 O0 200 ' : SCALE: 1" = 100' 5/,ee / J o-[ d 5.00' A ~I~. I Ab:::) TA88AJAFIA ROAD~ X N88'47'0~ W 36.00' ~ - 3~.00' POINT 28.28' / ,o~s'~2"E / ~~ ~2.00' ~/ I "TASS ,3" NOI' 12'54' E 0 100 2OO SCALE: 1" = 100' 1 O' TC[ P.O N01Ol 3'07" E ~'52' 165.00' 72.80' 89.68' 3~: -- 9.61' 3'07" E 33.00' 747'00"W 28.28' , )0~ 45'32" E '--i .32.00' 9.00' lO' TCE ~ARCEL SLOPE 101.10' /0~.00 120.66' N01°08'49" E L ;EMENT 89.66' BEARING) NO~°~2'5,qE 2207.59' ~,SIS OF P~C~ (P~P~EL ~ TiF ROW~ ~'/ :'E ~.o~' ~ TA AJA ~4~ 12'54'E 28.28' " / NO4o ~ 6'OZ" w 32.15' .. 33.00' / --_ 165.44' ~ ' NOP ~2'54"E 5~8, N45' 47'06" W ~CEL /dA T¢ tt LINE 12'54-" E 9.00' 0 100 SCALE: 1" = 100' ,9 h e e -/ .5- oF d 2OO 10' TCE 10' TCE TEMPORARY CONSTRUCTIO~ TOTAL AREA=52,011 SQ. r---- R=234.02' · /,5= 1 ~0,3',36' N88'47'06" W -- . . 33.00' / ~ r' tt l, 503.97' ~ NOV~='S~-'E 353.95' "~"~--TIF ROW ~ PARCEL E ~ NO 1'12'54"E 391.,35' R= 164..02' /',=05'34'31" L=15.96' R=178.02' N46' 12'54"E A=01°44'09' 28.28' -- L=5.39' NO2" 13' 07' W 32.06' ROAD ,O NO1* 15'28" E NT A N88"44'32" 738.15' 18.3g' 254.16' N00~29' 19"W 381.27' N88*47'O6"W 10.12' TIF ROW- NOO*2g'lg"W 381.76' 88t, 47'06" W 53.01' N44.° 38' 1 ,.T' W 27.86' 52.06' I~TCI~ Z/CZ- 12'54"E 9.00' 0 100 2OO SCALE: 1" = 100' Shee'/ ~ o-[' ~ 10' TCE ,! 76.00' Z