HomeMy WebLinkAboutItem 4.3 Deed for Open Space Tract 4719 (2) -7 o-u�
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: September 9 , 1985
SUBJECT: Acceptance of Grant Deed for Open Space,
Lot 153 , Tract 4719
EXHIBITS ATTACHED: 1) Resolution
2 ) Grant deed
3 ) Rafanelli and Nahas letter of
8/5/85
4 ) Grant of easement to Alameda County
Flood Control Zone 7
5) Agreement approved 8/12/85
6 ) Map
RECOMMENDATION: °� Adopt resolution to accept deed.
FINANCIAL STATEMENT: The maintenance cost of the open space
parcel will be paid by the homeowners
through an assessment district for up to
3 years and then by the City of Dublin.
The City will also be responsible for
one half the cost of fencing the open
space which is estimated at $20, 000 .
DESCRIPTION: On August 12 , 1985, the City Council
authorized the Mayor to execute an agreement that provides
for the dedication of open space to the City. This open
space is lot 153 of Tract 4719 .
The open space rises dramatically along the northeastern
corner of the City allowing viewing of all of Dublin and the
surrounding cities from the ridgeline .
This open space parcel is subject to an easement which the
developer of Tract 4719 has granted to Alameda County Flood
Control and Water Conservation District, Zone 7 . The 30
foot wide easement is for a roadway for access to the water
storage facilities and needs to be recorded by Zone 7 prior
to the recordation of this deed to the City.
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ITEM NO. H . j COPIES TO: Zone 7
Rafanelli/Nahas
Beck Properties
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPTING FOR THE PUBLIC A GRANT DEED FOR OPEN SPACE PARKS
AND RECREATION USES
WHEREAS, the City Council authorized the Mayor to
execute an agreement which includes accepting the dedication of
open space parcel identified as lot 153 of Tract 4719 less those
deeds and easements granted to Dublin San Ramon Services District
and the Alameda County Flood Control and Water Conservation
District for water supply and transmission uses .
NOW, THEREFORE, BE IT RESOLVED that the Dublin City
Council does hereby accept this grant deed for park, recreational
and open space purposes .
PASSED, APPROVED AND ADOPTED this 9th day of September,
1985 .
AYES :
NOES :
ABSENT:
Mayor
ATTEST:
City Clerk
RECORDING REQUESTED
r AND WHEN RECORDED MAIL TO
I
NAME
ADDRESS
CITY&
STATE L
Title Order No. Escrow No.
SPACE ABOVE THIS LINE FOR RECORDER'S USE
MAIL TAX STATEMENTS TO
FDocumentary transfer tax$..........................
NAME I ❑ Computed on full value of property conveyed, or
❑ Computed on full value less liens and encumbrances
ADDRESS remaining thereon at time of sale.
CITY&
STATE L ...................................................
L Signature of declarant or agent determining tax—firm name
APN 941-2768-2-5 �,ibibuacY grant '1111jeeb
WESTERN TITLE FORM NO. 104
FOR VALUE RECEIVED, LARRY C. Y. LEE and CELIA A. LEE, his wife, and
STANDARD NOMINEES LTD. , a Hong Kong corporation, and CAMPION INVESTMENT,
LTD. , a Liberian corporation
GRANT to THE CITY OF DUBLIN, a Municipal Corporation of the
State of California
all that real property situate in the City of Dublin,
County of Alameda ,State of California,described as follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
Grantor and Grantee hereby covenant that this property shall not be used
for any purpose other than for parks, recreation and/or open space,
subject to such rights as have been previously granted by Grantor to
the Alameda County Flood Control and Water Conservation District .
This covenant shall run with and be a part of the land herein conveyed.
STANDARD NOMINEES LTD. , a Hong
Kong Corporation, by Larry C.Y.
Lee, as its Attorney in Fact and
Authorized Agent
August 6, CAMPION INVESTMENT, LTD. , a Liberian
Dated 19 85 Corporation, by Larry C. Y. Lee as
r
its Attorney in Fact and Authorized
L RY. Y. LEE Agent
CELIA A. LEE
STATE OF CALIFORNIA
County of Alameda t
f FOR NOTARY SEAL OR STAMP
On August 6 AB 5,before me,the undersigned,a Notary Public
in and for said State, sonaIIy appeared Larry C.Y. Lee and
Celia A. Lee OFFICIAL SEAL
�
personally known to me or proved to ma MARY MEINTS
� NOTARY PUBLIC -CALIFORNIA
on the basis of satisfactory evidence to be the persons whose names are ? ALAMEDA COUNTY
subscribed to the within instrument,and acknowledged to me that-he_y executed it My comm. expires APR 22, 198E
N Y P LIC
MAIL TAX STATEMENTS AS DIRECTED ABOVE
STATE OF CALIFORNIA )
) ss
COUNTY OF ALAMEDA )
On this 6th day of August , 1985 , before me, the undersigned,
a Notary Public in and for said State, personally appeared
Larry C.Y. Lee personally known to me or proved to me
on the basis of satisfactory evidence to be the person who executed the
within instrument as Attorney in Fact of Cam ion Investment ,
a Liberian Corporation, that executed the within instrument
Cd acknowledged to me that he subscribed the name of
ampon Investment, Ltd. , thereto as principal and his
own name as the Authorized Agent and Attorney in Fact , and acknowledged
to that such corporation executed the same, pursuant to its by-laws
or a resolution of its Board of Directors .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Offlicial
Seal, the day and year in this certificate first above written.
OFFICIAL SEAL
MARY M'EINTS
• NOTARY PUBLIC-CALIFORNIA Notary P 1 ' in a dfor said County
ALAMEQA COUNTY and State.
My
comm. a phs APR 22, 3985
STATE OF CALIFORNIA )
) ss
COUNTY OF ALAMEDA )
On this 6th day of August , , 1985 , before me, the undersigned,
a Notary Public in and for said State, personally appeared
Larry C.Y. Lee personally known to me or proved to me
on the basis of satisfactory evidence to be the person who executed the
within instrument as Attorney in Fact of Standard Nominees Ltd. .
a Hong Kong Corporation, that executed the within instrument
and acknowledged to me that he subscribed the name of
Standard Nominees Ltd. thereto as principal and his
own name as the Authorized Agent and Attorney in Fact , and acknowledged
to me that such corporation executed the same, pursuant to its by-laws
or a resolution of its Board of Directors .
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official
Seal, the day and year in this certificate first above written.
OFFICIAL SEAL
MARY MUNTS
a J`� NOTARY PUSUC - CALIFORNIA ( Notary Pub is 1n 'ancl for said County
ALAMEDA COUNTY
.�, My Comm. expires APR 22, 1938 and State.
EXHIBIT "A"
That parcel of land in the City of Dublin, County of Alameda,
State of California, described as follows:
Lot 153, Tract 4719 , filed January 17, 1984, Map Book 142,
pages 41 thru 46, Alameda County Records.
Excepting therefrom all oil, gas, minerals and other
hydrocarbon substances in and under or that may be
produced from a depth below 500 feet from the surface
of said land, without right of entry upon the surface
of said land for the purpose of mining, drilling, ex-
ploring or extracting such oil, gas, minerals and other
hydrocarbon substances or other use of or rights in or
to any portion of the surface of said land to a depth
of 500 feet below the surface thereof, as reserved in
the Deed from Volk-McLain Communities, Inc. , recorded
June 27, 1967, Series No. AZ-60836, Reel 1988, OR,
Image 207, Alameda County Records .
Also excepting from Lot 153 that portion thereof conveyed
to Dublin San Ramon Services District, a body corporate and
politic by Deed recorded March 14, 1984, Series No. 49128 .
Also excepting from Lot 153 those portions thereof conveyed
to Alameda County Flood Control and Water Conservation District,
a body corporate and politic by Deed recorded April 20, 1984,
Series No. 76934 .
Rafanelli and Nahas
Real Estate Development
August 5, 1985
mr.. Lee Thompson
City of Dublin
P.O. Box 2340
Dublin, CA 94568
Re: Lot 153, Tract 4719
Dear Lee:
Enclosed is the executed Grant Deed for Lot 153 of Tract 4719. As you
know, this property was previously deeded to two unincorporated
associations. I have been advised by Bruce Sergeant at Western Title
that those deeds are of no affect, even though they are of record. He
has assured me that the title company is prepared to insure title in
the city based upon recordation of the enclosed deed. If you or the
City Attorney have any questions, please feel free to contact Bruce at
887-0810.
Lee, I am also enclosing a copy of the Grant of Easement to Alameda
County Flood Control Zone 7 for the purpose of finalizing the access
easement to the water storage facilities. They have been requesting
this for some time. We have not forwarded it because of concerns about
the possibility of heavy construction traffic utilizing this road
during the construction of a future second reservoir. We have deleted
the provisions allowing access along the road for intallation of new
facilities and limited use to maintenance operations. I'm not certain
of .Zone 7 procedures with regard to recording this easement, but I
assume it should be done in advance of recordation of the deed.
Cordially,
'-7
1
nald C. Nahas
RCN/mmm
Enclosures
CC: Jim Ferguson
20638 PATIO DRIVE,CASTRO VALLEY,CA 94546 (415)537-0486
GRANT OF EASEMENT
THIS INDENTURE, made this 6th day of August , 19 85
between Amador Hills Homeowners Association, and Amador Lakes Association,
both a California unincorporated non-profit associations, hereinafter called
GRANTOR, and the Alameda County Flood Control and Water Conservation District,
a body corporate and politic, hereinafter called DISTRICT,
WITNESSETH:
That GRANTOR thereby, does GRANT and CONVEY unto . DISTRICT, its succes-
sors and assigns, the perpetual easement and right of way for the construction
and maintenance of a roadway for the passage of pedestrians, vehicles and
equipment for the purpose of facilitating the maintenance, improvement and
inspection of a water storage facility and the maintenance of water lines
and storm drain facilities over, along, under, through and across the
following described land:
FOR DESCRIPTION, SEE EXHIBIT "A" ATTACHED HERETO.
(No. 7363)
Together with the right to enter upon lands adjacent to the hereinabove
described real property for the purpose of construction and maintaining slope
banks and drainage facilities necessary for the support and protection of the
roadway and water lines located within the above-described property.
IN WITNESS WHEREOF, GRANTOR had duly executed this document .
tn!Crry C.Y, ee
Celia A. Lee
STANDARD NOMINEES LTD. , a Hong Bong
Corporation, by Larry C.Y. Lee, as
its Attorney in Fact and Authorized
Agent
CAMPION INVESTMENT, LTD. , a Liberian
Corporation, by Larry C.Y. Lee as its
'Attorney in Fact and Authorized Agent
-- �- V ,
STATE OF CALIFORNIA
County of Alameda �ss.
On August 6 ,l!L8 5,before me,the undersigned,a Notary Public. OFFICIAL SEAL
in and for said State,personally appeared Larry (' Y Lee MARY MEINTS
and Celia A Lee NOTARY PUBLIC-CALIFORNIA
personally known to me or proved to me r, ALAMED'A COUNTY
on the basis of satisfactory evidence to be the person? whose names_ are MY Comm. expires APR 22, I98$
subscribed to the within instrument,and acknowledged to me that the Y executed it
N r RY P L1C
ACKNOWLEDGMENT-INDIVIDUA
WTI FORM NO. 60 _ 1/63
STATE OF CALIFORNIA )
) ss
COUNTY OF ALAMEDA )
On this 6th day of Aul?ust , 19 R•„ before me, the undersigned,
a Notary Public in and for said State, personally appeared
Larry C.Y. Lee, personally known to me or proved to me
on the basis of satisfactory evidence to be the person who executed the
within instrument as Attorney in Fact of Standard Nominees T,tr] _
a Hong Kong Corporation that executed the within instrumen
and acknowledged to me that he subscribed the name of
Standard Nominees Ltd. , thereto as principal and his
own name as the Authorized Agent and Attorney in Fact , and acknowledged
to me that such corporation executed the same, pursuant to its by-laws
or a resolution 'of its Board of Directors.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official
Seal, the day and year in this certificate first above written.
;w OFFICIAL SEAL
MARY ME INTS
m NOTARY PUBLIC -CALIFORNIA otary Public n and Eor said County
ALAMEDA COUNTY
"°" MY comm. expires APR 22, 1988 and State.
STATE OF CALIFORNIA )
) ss
COUNTY OF ALAMEDA I
On this 6th day of August , 1985 , before me, the undersigned,
a Notary ublic in and for said State, personally appeared
Larry CYY. Lee personally known to me or proved to me
on the basis of satisfactory evidence to be the person who executed the
within instrument as Attorney in Fact of Campion Investment Ltd . .
a Liberian Corporation, that executed the within instrument
trument
and acknowledged to me that he subscribed the name of
Campion Investment , Ltd. , thereto as principal and his
own name as the Authorized Agent and Attorney in Fact , and acknowledged
to me that such corporation executed the same, pursuant to its by-laws
or a resolution of its Board of Directors .
IN -WITNESS WHEREOF, I have hereunto set my hand and affixed my Official
Seal, the day and year in this certificate first above written.
OFFICIAL SEAL
NNOTARY MARY MEINTS PUBLIC -CALfFORNIA otary Publi an Or Sald County
ALAMEDA COUNTY My comm. expires APR 22, 1988 and State.
EXHIBIT "A"
DESCRIPTION FOR ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
ZONE 7, DOUGHERTY RESERVOIR AND PIPELINE, FC 7-81
Access Easement to be acquired within Lot 153, Tract 4719
Map RC-114 (Parcel F) No. 7363
Assessor's 941-500-1-12 (Por.) April 2, 1984
All that certain real property situated in the City of Dublin, County of
Alameda, State of California, described as follows :
A strip of land of the uniform width of 30.00 feet, right angle measurement,
being 15.00 feet on either side of the following described center line:
Beginning at the point of intersection of the monument line of Coral Way
with the monument line of the most northern portion of Topaz Circle, as said Way
and Circle are delineated and so designated on that certain map entitled "Tract
4719 City of Dublin Alameda County, California" etc. , filed January 17, 1984, in
Book 142 of Maps at pages 41-46 thereof, Records of Alameda County, California,
and running thence along said monument line of Topaz Circle, South 81' 13' 29" West
(the bearing of said monument line of Topaz Circle being taken as
South 81' 13' 29" West for the purpose of making this description), 28.05 feet;
thence leaving said monument line, North 8' 46' 31" West, 11.39 feet to a point
on the northern line of said Topaz Circle; thence along said northern line,
North 75' 47' 17" East, 20.445 feet to a point thereon, last said point being the
ACTUAL POINT OF COMMENCEMENT; thence leaving said northern line, northerly,
northeasterly and easterly on the arc of a curve to the right, tangent at last
said point to a course which bears North 14' 12' 43" West, the radius of which
curve is 80.00 feet, through a central angle of 99' 27' 43", a distance on said
arc of 138.876 feet; thence tangent to last said curve, North 85' 15' 00" East,
L63
Page Two
242.997 feet; thence easterly and southeasterly on the arc of a curve to the
right, tangent to last said course, the radius of which curve is 80.00 feet,
through a central angle of 63' 55' 0011, a distance on said arc of 89.245 feet;
thence tangent to last said curve, South 30' 50' 00" East, 322.504 feet; thence
southeasterly and southerly on the arc of a curve to the right, tangent to last
said course, the radius of which curve is 200.00 feet, through a central angle of
20' 14' 0011, a distance on said arc of 70.628 feet to a point on the northern
line of that certain parcel of land described as Parcel C, in the deed from
Larry C. Y. Lee, et al ., to Alameda County Flood Control and Water Conservation
District, dated February 16, 1984, and recorded April 20, 1984, as Series
No. 84-076934, Official Records of Alameda County, California, tangent at last
said point to a course which bears South 10' 36' 00" East, last said point being
distant along said northern line, North 79' 24' 00" East, 30.00 feet from the
western terminus of that certain course described in said deed as "thence
North 79' 24' 00" East, 60.00 feet;".
The sidelines of said strip of land to be lengthened or shortened to
' extend between the aforesaid northern line of Topaz Circle and the aforesaid
northern line of Parcel C (84-076934) .
Containing 0.595 acre (25,928 square feet), more or less, and being a
portion of Lot 153, as said lot is shown on said map of Tract. 4719.
AGREEMENT
Agreement made this day of August, 1985 among the
City of Dublin, a municipal corporation, Amador Lakes Associates,
a California limited partnership, and Beck Properties, Inc. , a
California corporation.
RECITALS OF CONSIDERATION
Mutual Promises
NOW THEREFORE, for and in consideration of the premises and
the mutual promises , covenants , and agreements hereinafter set
forth, the City of Dublin, Amador Lakes Associates, and Beck
Properties , Inc. , agree as follows :
1 . The City of Dublin shall accept dedication of Lot 153
of Tract 4719 located in the City of Dublin and shall cause to be
annexed certain hereinafter specified costs and maintenance
obligations to that certain assessment district designated Land-
scaping and Lighting District No. 1983-2 , City of Dublin, Alameda
County, California. The above acceptance of the dedication of
Lot 153 of Tract 4719 in the City of Dublin and the annexation of
certain costs and maintenance obligations to the above referred
to assessment district shall be made under the following terms and
conditions :
A. Beck Properties , Inc . , and Amador Lakes Associates
will construct fencing from the southwest corner of Lot 153 easterly
to the southeast corner of Lot 153 and then northerly to tie in
with the existing fence surrounding the water tank located in the
easterly part of Lot 153 . In addition, Beck Properties, Inc. and
Amador Lakes Associates shall construct fencing from the northern
end of the concrete culvert on the east side of Stagecoach Road
easterly along the northern border of Lot 153 to the existing
fence line located at the northeast corner of Lct 153 and will
construct additional fencing along the open areas of Lot 153 that
border on Stagecoach Road.
( 1 . ) The fencing to be constructed along the
southern, eastern and northern border of -Lot 153 shall be a vinyl
clad chain link fence. The fence along the eastern border of
Lot 153 shall be eight feet in height and all other fence shall
be a minimum of six feet in height.
( 2 . ) The fencing along the east side of Stage-
coach Road shall be such as to limit access from Stagecoach Road
to Lot 153 and shall be of a nature that shall serve this purpose
and also be aesthetically compatable with the subdivision and
landscaping along Stagecoach Road. The actual type of fencing
and its location shall be mutually agreed upon by the City of
Dublin, Beck Properties , Inc. , and Amador Lakes Associates .
( 3 . ) The cost of the fencing shall be allocated
fifty percent ( 50% ) to the City of Dublin and fifty percent ( 50% )
to Beck Properties , Inc . and Amador Lakes Associates. The cost
allocation to Beck Properties , Inc. and Amador Lakes Associates
shall be sixty percent ( 600 ) to Beck Properties , Inc. and forty
percent ( 400 ) to Amador Lakes Associates .
( 4 . ) If additional fencing around the perimeters
of the excavated subdivision slopes is required by the City of
Dublin within three years from the date of this agreement, the
cost of such fencing shall be assessed fifty percent ( 50% ) to
Lots 1 through 150 , in equal shares , of Tract 4719 , City of Dublin,
and the remaining fifty percent ( 50% ) to the City of Dublin. If
no additional fencing is required within said three year period,
the City of Dublin shall assume the responsibility for any additional
fencing in the future.
( 5 . ) The estimated costs for all of the above
referred to fencing, including the fencing referred to in paragraph
( 4 . ) above, is under the sum of Forty Thousand Dollars ( $40 , 000 . 00 ) .
The maximum costs of all of the above referred to fencing to be
assessed against Beck Properties , Inc. , Amador Lakes Associates ,
Lots 1 through 151 of Tract 4719 , City of Dublin, shall not exceed
the combined total of Twenty Thousand Dollars ( $20 , 000 . 00 ) .
2 . The cost of maintaining the fencing contemplated by this
agreement shall be allocated through Landscaping and Lighting
District No. 1983-2 , City of Dublin, Alameda County, California
and shall be assessed sixty percent ( 60% ) to Lots 1 through 150 ,
in equal shares , of Tract 4719 , City of Dublin, and forty percent
( 40% ) to Lot 151 of Tract 4719 , City of Dublin. This assessment
of the maintenance of the fencing shall be made for a period of three
years from the date of this agreement and after the expiration of the
three years the cost of maintaining all fencing contemplated by this
agreement shall be born by the City of Dublin.
3 . The cost of maintaining the common area of Lot 153 of
Tract 4719 , City of Dublin, shall be allocated through Landscaping
and Lighting District No. 1983-2 and assessed sixty percent ( 600 )
to Lots 1 through 150 , in equal shares , of Tract 4719 , City of
Dublin, and forty percent ( 40% ) to Lot 151 of Tract 4719 , City of
Dublin. This assessment shall last for a period of three years
from the date of this agreement and from that time on the cost of
maintaining Lot 153 of said subdivision shall be born by the City
of, Dublin subject to the exception noted in paragraph 3A below.
If the City of Dublin allows public access to Lot 153 of Tract 4719 ,
City of Dublin, prior to this three year period of limitation, the
cost of maintaining said Lot 153 shall revert solely to the City of
Dublin when such public access is formally approved by the City.
A. The excavated slopes and concrete culverts existing
around the outer perimeters of the subdivision and the interior
slopes and concrete culverts , excluding those slopes and concrete
culverts adjacent to Stagecoach Road, as shown in attached Exhibit
"A" , shall be annexed to Landscaping and Lighting District No. 1983-2 .
The cost of maintaining these slopes and culverts shall be assessed
solely to Lots 1 through 150 , in equal shares , of Tract 4719 , City
of Dublin. This assessment shall be permanent in nature .
4 . Beck Properties , Inc. shall cause to be granted to the
City of Dublin; a public easement over Lots .80 through 86 and 37
through 48 of Tract 4719 , City of Dublin, to allow for the main-
tenance of slopes and culverts contemplated by this agreement.
GENERAL PROVISIONS
Acceptance
The terms and conditions of this agreement are subject
to the approval and acceptance by the City of Dublin. In the
event that such approval and acceptance is not obtained from the
City of Dublin within thirty ( 30 ) days from the date of this
agreement, this agreement shall be deemed null and void in its
entirety.
Entire Agreement
This agreement supersedes any and all other agreements,
either oral or in writing between the parties hereto with respect
to the subject matter hereof and contains all of the covenants
and agreements between the parties with respect to said matter,
and each party to this agreement acknowledges that no represent-
ations , inducements , promises, or agreements , orally or otherwise,
have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein, and that no other agreement,
statement, or promise not containted in this agreement shall be
valid or binding in respect to the subject matter hereof .
-2-
Choice of Law
This agreement shall be governed by and construed in
accordance with the laws of the State of California.
Nonassignability
This agreement shall not be assigned by any party
hereto without the prior written consent of all parties .
Successors and Assigns
Subject to the provision regarding assignment, this
agreement shall be binding upon the heir, executors, administrators ,
successors and assigns of the respective parties .
Attorneys Fees
If any legal action is necessary to enforce the terms of
this agreement, the prevailing party shall be entitled to reasonable
attorneys fees in addition to any other relief to which the party
may be entitled. This provision shall be construed as applicable
to the entire contract.
Executed at California, this day
of 1985 .
CITY OF DUBLIN
By
Executed at California, this day
of 1985 .
BECK PROPERTIES , INC.
B
Executed at J i� California, this day
of 1985 .
AMADOR LAKES ASSOCIATES
B
v
LEGEND
1 SLOPE MAINTENANCE AREA
SLOPE 8 LANDSCAPE MAINTENANCE AREA
0 200 400 SCO
----- TRACT BOUNDARY
SCALE 01 FEET
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-LANDSCAPING,SLOPE MAINT
0138ELL II KARN, INC.
CIVIL ENDINEER8 TRACT 4719
E661 YERCM-67.SAM LEANDRO, CALIF.Sun CITY OF DUBLIN
1�1EI�ES-Et7E ALAMEDA COUNTY CALIFORNIA