HomeMy WebLinkAboutItem 7.2 Open Space Parks Bond (2) 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