HomeMy WebLinkAboutItem 4.02 JMoorePtyRelDecl (2)
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CITY CLERK
File # D~~[a-~~
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 18, 1997
SUBJECT:
Release of Declaration of Restrictions
JOM Moore Property on Dougherty Road
Report Prepared by: Lee S. Thompson, Public Works Director
EXHIBITS ATTACHED:
1)
2)
3)
4)
Letter from JOM Moore
Resolution, including Accommodation Recording Instructions
AND Release of Declaration
Declaration of Restrictions Recorded in 1989
Location Map
RECOMMENDA nON: <:\ /doPt Resolution Approving Release of Declaration and Authorizing
~ City Manager to Sign Documents
FINANCIAL STATEMENT:
No cost associated with this action
DESCRIPTION: In 1989, a Declaration of Restrictions was recorded in conjunction
with Tract 4978 and Parcel Map 2817, which are located on the east side Dougherty Road just north of
Dublin Boulevard. (Subsequent Tract Maps have been filed over Tract 4978 and P.M. 2817, and this area
is now known as P. M. 6571 and Tract 6644.) The Declaration of Restrictions set forth certain
obligations, which were to provide securities to construct an extension of Sierra Lane east of Dougherty
Road when the property developed, and, if an assessment district was formed to fund the extension of
Dublin Boulevard, that the subject property was to be included in the District.
JOM Moore, the property owner, has requested that the Declaration of Restrictions be released since the
two obligations have been met. When the site was developed for All-Safe Self Storage, Sierra Lane was
constructed as a short cul-de-sac. The City's construction of the Dublin Boulevard Extension precluded
the need to extend Sierra Lane as a through street. The first condition of the Declaration is therefore
satisfied. The property is included in the Dublin Boulevard Extension Assessment District as required by
the second condition. This Declaration of Restrictions prevents Mr. Moore from transferring or selling any
property until the City agrees to terminate the Declaration.
Based on the above, Staff recommends that the City Council adopt the resolution approving the Release of
Declaration and authorizing the City Manager to sign all documentation.
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COPIES TO: JOM Moore
4.2
ITEM NO.
g:\agenmisc\restrict
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March 7, 1997
Lee Thompson
City Engineer
City Of Dublin
100 Civic Plaza
Dublin, CA 94568
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MAR ... 1/'" 1007
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PUBLIC VvU~'I'--' '8
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Re: Release of Declaration of Restrictions
Dear Lee,
1. Patrick Land Company ("JPL"), the managing partner ofBJ-Dublin Commercial Partnership
("Owner"), herein encloses for the City of Dublin's signature two documents prepared by Chicago
Title Company: (1). Accommodation Recording Instructions and (2). Release of Declaration of
Restrictions ("Declaration"). Also enclosed is the recorded Declaration of Restrictions.
In summary, The Declaration of Restrictions is recorded as an exception to Title on Owner's
property near the intersection of Dublin Blvd. and Dougherty Rd.("Property"). The Declaration
prevents Owner from transferring or selling any parcel or lot within the Property until one of two
conditions was satisfied. The first condition was to meet certain obligations if Owner decided to
proceed with the development of Sierra Lane. Although the "lengthy" Sierra Lane cuI-de-sac was
not built, Owner, in cooperation with AllSafe SelfStorage, did put in the "short" Sierra Ct cul-de-
sac that presently exists. Essentially, that condition was met. The second condition involved the
establishment of an Assessment District for the pmpose of improving Dublin Blvd. from its fonner
terminus at Dougherty Rd. easterly to the Southern Pacific railroad tracks or beyond, and that the
Property be included within the boundaries of the Assessment District. That condition has also
been satisfied.
Section 4 of the Declaration states, "Upon the satisfaction of one of said conditions, the Owner and
City shall execute, acknowledge, and record a termination and release of this Declaration."
Therefore, JPL, on behalf of Owner, herein respectfully requests the Termination and Release of
Declaration. Please sign and have notarized, where appropriate, the attached two documents.
Thank you for your assistance. Please do not hesitate to call with any questions or concerns.
Sincerely,
a-Cr~
John Moore, President
J. Patrick Land Company, General Partner
BJ-Dublin Commercial
EXHISIT I
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)627 STONERIDGE DRIVE. SlITTE 320, PlEASANTON, CA 94588 (510) 463-1688 FAX ()10) 463-0)28
RESOLUTION NO. - 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
*********
APPROVING RELEASE OF DECLARATION OF RESTRICTIONS,
TRACT 4978 AND PARCEL MAP 2817
(NOW KNOWN AS TRACT 6644 AND PARCEL MAP 6571)
WHEREAS, in October of 1989, a Declaration of Restrictions was recorded which set forth certain
conditions for the development of Tract 4978 and Parcel Map 2817 (now known as Tract 6644 and Parcel
Map 6571); and
WHEREAS, the Owner of said property has requested a Release of Declaration; and
WHEREAS, the City acknowledges that the conditions set forth in said Declaration have been met;
NOW, THEREFORE, BE IT RESOL YED that the City Council approves the Release of
Declaration of Restrictions attached hereto as Exhibit A
BE IT FURTIIER RESOLVED that the City Manager is authorized to execute the Release of
Declaration and the associated Accommodation Recording Instructions.
PASSED, APPROVED AND ADOPTED this 18th day of March, 1997.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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. Recording requested by:
When recorded mail to:
Same as above
RELEASE OF DECLARATION OF RESTRICTIONS
.
Notice is hereby given that the Declaration of Restrictions dated September
25, 1989, by and between BJ Dublin Commercial, a California Limited
Partnership and the City of Dublin, a Municipal Corporation recorded on
October 20, 1989, Series No. 89-292722, Official Records of the County
Recorder of Alameda County, State of California, IS HEREBY FULLY
RELEASED AND TERMINATED AND IS OF NO FURTHER FORCE
AND EFFECT.
BJ DUBLIN COMMERCIAL, A CALIFORNIA LIMITED PARTNERSHIP, BY:
J. PATRICK LAND COMPANY, A CALIFORNIA CORPORATION, GENERAL
PARTNER, BY:
Dated
JOHN P. MOORE, PRESIDENT
AND
CITY OF DUBLIN, A MUNICIPAL CORPORATION, BY:
Dated
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EXHIBIT A o-b~~
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STATE OF CALlFORNIA
COUNTY OF
.
On before me,
Public in and for said County and State, personally appeared
a Notary
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in hislher/their authorized capacity(ies) and by
hislher/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Name (typed or printed), Notary Public in and
for said County and State.
(seal)
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STATE OF CALlFORNIA
COUNTY OF
On before me,
Public in and for said County and State, personally appeared
a Notary
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in hislher/their authorized capacity(ies) and by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
Name (typed or printed), Notary Public in and
for said County and State.
(seal)
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CHICAGO TITLE COMPANY
ACCOMMODATION RECORDING INSTRUCTIONS
The following document(s) are handed to you for recording/filing in the office of the
Alameda County Recorder, as an accommodation only. No title insurance of any kind is
being asked for with the recording of the documents listed hereinbelow. JJWe make no
demand in connection therewith, and you are relieved of any liability and responsibility as
to the condition of title to the property therein described and as to the validity, sufficiency
and effect of said document(s). No Revenue Stamps are to be attached unless so indicated
below. We understand that there is no charge for this service other than recording fees,
Transfer Tax, and any other charges incurred by your company. You are authorized to
record the following document(s) at this time:
DOCUMENT
FIRST
PARIT'
SECOND
PARIT'
1.)
Release
City of Dublin
BJ Dublin
Signed by:
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BJ DUBLIN COMMERCIAL, A CALIFORNIA LIMITED PARTNERSHIP, BY:
J. PATRICK LAND COMPANY, A CALIFORNIA CORPORATION, GENERAL
PARTNER, BY:
Dated
JOHN P. MOORE, PRESIDENT
AND
CITY OF DUBLIN, A MUNlCIPAL CORPORATION, BY:
Dated
Received by Chicago Title Company on
.' By:
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RECORDING REQUESTED BY,
AND WHEN RECORDED RETURN TO:
RECORDED AT REQlibi l
.Chicago Title Ins. Co.
At &30 A.M.
OCT ~o 1989
OFFIGIAL RECORDS OF
p;[AMEOA COUNTY, CALIFORNIA
RENE C. DAVIDSON
t:eurm: RECORDER
J. Patrick Land Company
7901 Stoneridge Drive, Suite 403
Pleasanton, CA 94566
City of Dublin, City Clerk
6500 Dublin Boulevard
P. o. Box 2340
Dublin, CA 94568
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Space ~bove this line for Recorder's use
DECLARATION OF RESTRICTIONS
This Declaration oj ~ B~strictions ("Declaration") is made and
entered into this ~u. day of September, 1989, by BJ DUBLIN
COMMERCIAL, a California Limited Partnership, the latter being the
owner ("Owner") of that certain property ("property") described as
follows:
Parcel One:
Parcel B of Parcel Map 2817 filed September 10, 1981, in Book
128 ot Parcel Maps, at Page 83, Alameda County Records.
Parcel Two:
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An easement for ingress and egress and publio utilities as an
appurtenance to Parcel One hereinabove described over the
southerly 20 feet of Paroel A of Parcel Map 2817, filed
September 10, 1981, in BOok 128 of Parcel Maps at Page 83,
Alameda County Records.
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Parcel Three:
Lots 1 thru 5, inClusive, Tract 4978, filed June 5, 1984, Map
Book 145, Pages 3, 4 an~ 5, Alameda County Records.
Parcel Pour:
Those portions of Dougherty Road and Sierra Lane, as shown on
the Map of Tract 4978, filed June 5, 1984, Book 145 of Maps,
Page 3, Alameda County Records, which lie within the
boundaries of said Tract 4978.
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Recitals
A, On the 27th of March, 1989, Owner entered into a Tract
Developer Agreement with the city of Dublin ("City"). The Tract
Developer Agreement called for the construction of certain public
improvements on that portion of the Property described as Parcel
Four (the public improvements described in the Tract DeVeloper
Agreement are hereinafter referred to as "the sierra Lane
Improvements") .
B. Owner was required to provide City security for the
performance of Owner I s Obligations under the Tract Developer
Agreement, specifically inclUding the construction of the Sierra
Lane improvements.
c. Subsequent to the execution of the Tract Developer
Agreement and at the present time, City is analyzing whether
construction of the Sierra Lane improvements, as called for in the
Tract Developer Agreement, are in the best long term interests of
city_
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D. Pursuant to the First Amendment to the Tract Developer
Agreement, Owner may substitute this Declaration of Restrictions
against the Property for Owner's obligations under the Tract
Developer Agreement.
E. In consideration of the City's not requiring additional
security for Owner's obligations under the Tract Developer
Agreement, Owner hereby executes and submits for recordation this
Declaration which is intended to restrict the development and
transfer of the Property.
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Provisions
The development and sale or transfer of the Property shall be
restricted as provided in this Declaration.
1. Restriction on Development. Owner, or its successors,
shall not apply for, and city shall be under no obligation to
issue, any buildinq pe:;;mit for the development of the Property
until SUch time as one of the conditions described in paragraph 3_
is satisfied.
2. Restriction on Transfer of Lots or Parcels. Owner, or
its successors, shall not sell or transfer ~ny parcel or lot
included within the Property until one of the conditions described
in paragraph 3. is satisfied. Notwithstanding the foregoing
language, Owner may sell the Property in its entirety prior to the
satisfaction of the conditions described in paragraph 3., provided
that in such event, the transferee shall take the Property subject
to all of the terms in this Declaration.
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Conditions of Termination and Release of Declaration.
3.
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A. In the event that Owner determines that it wishes
to proceed with the development of the Property in accordance with
the Tract Developer Agreement and the approved plans for Tract
4978, owner shall first obtain and provide city with all of the
bonds and insurance certificates required under the Tract Developer
Agreement to secure owner's performance of the construction of the
Sierra Lane improvements. specif ica11y, Owner shall have furnished
city with a Faithful performance Bond and a Labor and Materials
Bond for the Sierra Lane improvements, as set forth in the Tract
Developer Agreement. Each bond shall be in a form prescribed by
city, and shall be issued by a company duly and legally licensed
to conduct a general surety business in the state of California.
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B. In the event that (1) city adopts a resolution
establishing an assessment district and ordering improvements to
be made to extend Dublin Boulevard from its current terminus at
Dougherty Road easterly to the Southern Pacific railroad tracks or
beyond, such that City no longer requires that tile Sierra Lane
Improvements be built, and the Property is included within the
boundaries of the assessment district, tilen, upon the date 31 days
following the date the assessments are levied or, if an action is
filed contesting the validity of the assessments, upon the date 31
days following tile entry of a final jUdgment in SUch action, and
(2) a new subdivision map for Tract 5900 has been recorded for the
Property, then this condition shall be deemed satisfied.
4. Termination and Release of Declaration. Upon the
satisfaction of one of the conditions in paragraph 3., as described
herein, this Declaration shall be deemod terminated and of no
further force and effect. Upon satisfaction of one of said
conditions, the owner and city shall execute, acknowledge, and
record a termination and ~elease of this Declaration.
5. Enforcement. The provisions of this Declaration of
Restriction shall be specifically enforceable by Owner and city.
The restrictions of this Declaration shall run ~ith the land and
bind the Property from the date that this Declaration is recorded,
unless earlier terlllinated and released in accordance with the
provisions of paragraph 3.
6. Construction and Jurisdiction. If any term or provision
of this Declaration, or the application thereof to any person or
circumstance shall to any e~ent be invalid or unenforceable, the
remainder of this Declaration, or the application of such term or
provision to persons or circumstances other than those as to which
it is invalid or unenforceable, shall not be affected thereby, and
each term and prOVision of this Declaration shall be valid and be
enforced to the fullest extent permitted by law. This Declaration
shall be construed in accordance with the laws of the state of
California.
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7. Titles and Captions. Titles and captions contained in
this Declaration are inserted only as a matter of convenience and
for reference and in no way define, limit, extend or describe the
scope of this Declaration or the intent of any provision herein.
8. Amendment, Modification or Termination. This Declaration
of Restrictions may not be amended, modified or terminated without
the written consent of the City of Dublin.
IN WITNESS WHEREOF, the Owner has exe.cuted this Declaration of
Restriction to be recorded against the Property.
BJ DUBLIN COm!.ERCIAL
a California Limited Partnership
By: H&M Investments, Inc.
a California corporation
By:
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J P. Moore
President
Its:
Its:
General Partner
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Arthur D. B dges
General Partner
By:
Its:
CITY OF DUBLIN
a MuniCipal corporation
By' ~~C*
Richard C. Alnb s
City Manager
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On this ~th day of
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STATE OF CALIFORNIA
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COUNTY OF ALAMEDA
before me, the undersigned Not.ary Public, personally appeared
RICHARD C. AMBROSE, City Manager of the City of Dublin.
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personally known to me; or
proved to me on the basis of satisfactory evidence, to be
the person whose name is subscribed to the within instrument, and
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acknowledged that she executed it.
WITnESS my hand and official seal.
. OffiCIAl.- SJ;:.u.
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COUNTY OF AlAMEDA
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On ~ ,IJ.. , 198~, belore me, [lebra Ragland-WIlson, a Notary PubliC In and lor
said County and State, personally appeared John P. Moore, known to me to be the President 01 H&M
Investments. Inc., a Calnomia corporation, the person who executed the within Instrument on behall
01 scld corporation and acknowledged to me that saId corporation executed the within Instrument, said
corporation being known 10 me or proven 10 me to be a general partner 01 BJ Dublin Commercial, a
Call1ornla Limited Partnership, the Limited Partnership that executed the within Instrument, and
acknowledged to me thai such corporation executed the same as a general partner 01 said Umhed
Partnership
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STATE OF CALIFORNIA
COUNTY OF AlAMEDA
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On S; o.'f l' , IE . 198L, before me. a Notary PubliC In and for said County and State,
personally appeared Arthur D. Bridges, said person being known to me or proven 10 me to be a
general panner 01 BJ Dublin Commercial. 8 Call1ornla Limited PartnershIp, the Limited
?artnership thaI executed Ihe within Instrument. and acknowledged to me fhal such person executed the
sam;.: a general partner 01 said Limited Partnership ~n ~ n . oo/.J A. ~;;;
~ ~ El.JZABElH ....CALHOUN ~
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