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H m m m rt 9q t7 w rt CD cli F-I H tC 0 '=7 to 0 W t-' F-I z RESOLUTION NO. -92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PURCHASE OF REAL PROPERTY, DRAWING AND DELIVERING WARRANTS, ACCEPTING AND RECORDING A GRANT DEED, AND DECLARING THIS PORTION OF DUBLIN BOULEVARD AND DOUGHERTY ROAD A PART OF THE CITY STREET SYSTEM WHEREAS, the hereinafter described real property situated in the City of Dublin, State of California, is required by the City of Dublin for public street purposes, to wit, the Extension of Dublin Boulevard to the east of Dougherty Road; and WHEREAS, Kanaris and Maria Vangelatos and Nikolaos Stanitsas have agreed to sell said real property to the City of Dublin for public street purposes, for the amount of $75,020.00; NOW, THEREFORE, BE IT RESOLVED that the purchase of said real property for public street purposes from the aforesaid owner for the aforesaid amount be and the same is hereby approved; and the Mayor is hereby authorized to execute the real property purchase agreement and the Certificate of Acceptance. BE IT FURTHER RESOLVED that the Finance Director, upon notification by the City Engineer as to payee and amount, is hereby authorized and directed to draw his warrant on the Dublin Boulevard Extension Assessment District Fund, as so notified, said warrant to be forwarded to the City Engineer, to be by him delivered to the payee through escrow at such time as title to the hereinafter described real property is vested in the City of Dublin; and BE IT FURTHER RESOLVED that that certain deed from the aforesaid owner, conveying said real property to the City of Dublin be, and the same is hereby accepted, and the City Clerk be, and she is hereby authorized and directed to record the same at the office of the Recorder of Alameda County; and BE IT FURTHER RESOLVED that upon such recordation, said real property, described in the manner aforesaid, be and the same is hereby declared to be a part of the City System of Streets, and is hereby designated as a part of Dublin Boulevard and Dougherty Road. The real property hereinabove referred to is more particularly described in the Description of Dedication attached to the Real Property Purchase Agreement as Exhibit "A". PASSED, APPROVED, AND ADOPTED this 27th day of April, 1992. AYES: NOES: ABSENT: ATTEST: Mayor City Clerk a:(dbx)\agenda\resovrw AGREEMENT THIS AGREEMENT is made and entered into this day of April, 1992, and between KANARIS VANGELATOS, MARIA VANGELATOS and NIKOLAOS STANITSAS (hereinafter referred to as "Sellers") and the CITY OF DUBLIN, a municipal corporation (hereinafter referred to as "Buyer"). RECITALS A. Sellers are the owners of that certain real property in the City of Dublin located at 5933 Dougherty Road, also known as APN 0941-0550-9-15 and APN 0941-0550-10-13, and described in Exhibit "A" attached hereto and incorporated herein by reference. B. Buyer desires to purchase a portion of APN 0941-0550- 9-15 and APN 0941-0550-10-13 containing approximately 4,840 square feet. This portion of Sellers' property is hereinafter referred to as the "subject property". C. Buyer and Sellers have reached an agreement pursuant to which City will purchase the subject property for $75,020.00 for the Dublin Boulevard Extension Project. Buyer intends to pay Sellers said sum and record a Grant Deed to the subject property within thirty (30) days from April 27, 1992, the date of City Council approval of this Agreement. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Sellers agree to sell and Buyer agrees to purchase the property located at 5943 Dougherty Road in the City of Dublin, County of Alameda, State of California, and described in Exhibit "A" attached hereto and incorporated herein by reference. 2. The purchase price of said property is SEVENTY-FIVE THOUSAND TWENTY DOLLARS ($75,020.00), payable as follows: 3. This sale shall be consummated through an escrow established with First American Title Company. The closing date for the escrow shall remain open, but shall occur no later than May 29, 1992. Closing of escrow is contingent upon verification of title. Escrow shall be considered closed when the grant deed to the property is recorded. Within fifteen (15) days after execution of this Agreement, each party shall execute and deliver to the escrow holder its written instructions consistent with the terms of this Agreement and shall provide the escrow holder with such other information, documents, and instruments as the escrow holder may reasonably require to enable it to close the transactions on the closing date. If the designated escrow holder should be unable to or unwilling to act, Buyer shall designate another escrow holder subject to the Sellers' approval, which shall not be unreasonably withheld. 3. On close of escrow, title shall vest in the City of Dublin, a municipal corporation. 4. Sellers shall by grant deed convey to Buyer a fee simple interest free and clear of all title defects, liens, encumbrances, deeds of trust, and mortgages except real property taxes, and a lien not delinquent. Buyer shall take property subject to the existing waiver of damages and water line easement currently in force on the subject property. 5. Buyer shall pay all costs of escrow and title insurance and closing costs. 6. The undersigned Buyer offers and agrees to buy the property on the terms and conditions stated in this Agreement and acknowledges receipt of a copy of the Agreement. DATED: , 1992 BUYER: THE CITY OF DUBLIN, a Municipal Corporation By: PETER SNYDER, Mayor 7. The undersigned Sellers accept the foregoing offer to purchase the property and agree to sell the property to Buyer on the terms and conditions specified herein. Sellers acknowledge receipt of a copy of this Agreement and authorize broker to deliver a signed copy to Buyer. DATED: ~ ~. ~- , 1992 SELLERS: KkNARIS VkN-dEL~TOS ~ MARIA VANGELATOS // .~' ' . J N, IKOLAOS '~TANITSAS ~ P 93 LEGAL DESCRIPTION FOR DEDICATION ALL THAT CERTAIN REAL PROPI"-RTY 51TUATE IN THE CITY OF DUBLIN. COUNTY OF ALAMEDA. STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: PARCEL ON E A PORTION OF PARCEL B AS SHOWN ON PARCEL bIAP 1043 RECORDED SEPTEMBER 28, 1973 IN BOOK. 80 OF PARCEL MAPS AT PAGE 29, ALAMI~DA COUN'r~ R£CORDS MORIg PARTICULARLY DESCRID£D AS FOI.I.OWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL B ALSO BEING ON TIIE NORTIIERLY LINE OF SCARLETT COURT AS SHOWN ON SAID PARC~EL MAP 10431 THENCE ALONG SAID lqORTH£RLY LI.NI[ OF SCARLETT COURT WF-~TERLY:ALONG A CURVE TO THE LEFT FROM A RADIAL BEARING SOUTH 3a 04' 14" WEST WITH A RADIUS OF 128.01 FEET THROUGH A CENTRAL ANGLE OF 29a 59' 05" AN ARC LENGTH OF 66.99 FEET; THENCE CONTINUTNG ALONG SAID NORTHERLY LINE OF SCARLETT COURT ALONG A TANGENT REVERSE CURVE TO THE RIGHT FROM A RADIAL BEAR.lNG NORTH 26~ 54' 5i' WEST WITH A RADIUS OF 34,00 FEET THROUGH A CI~Iq~RAL ANGLE OF 27e 14' 36" AN ARC LENGTH OF 16.17 .FEET TO THE WEST LINE OF SAID PARCEl, I~; THENCE ALONG SAID WEST LINE OF PARCEL NORTH 1°~.13' 02" EAST 25,38 FEET; '['HENCF. ALONG A NON-TANGENT CUKY~'. 'I'D THE LEFT FROM A RADIAL BEARING NORTH I0° 23' 00" WEST WITH A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 22° 25' 00' AN ARC LENGTH OF 19.56 FEET; THENCE NORTH ~7° 12' 00" EAST 74.90 FEE'F TO THE EAST LINE OF SAID PARCEL B; THENCE ALONG SALD I-,'AST LINE OF SAID PARCEL B SOUTH Ia 13' 02" WEST ~5.7~ FEET TO THE POINI' OF BEGINNING. CONTAINING 2896 Sq. FT. OR 0,0665 ACRE MORE OR LESS. PARCEL TWO A PORTION OF THE PROPERTY DESCRIBED AS PARCEL TWO IN THE DEED TO KANARIS YANGELATOS, MARIA YANGELATOS AND NIKOLAOS S'['ANITSA$ REf~ORDED APRIL 20, 1976 IN REEL 4334 A'r IMAGE 263 & 266 OFFICIAL RECORDS OF ALAMEDA COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL B ALSO BEING ON THE lqORTI'LEPJ.,Y LINE OF SCARLETI' COURT AS SHOWN ON SAID PARCEL MAP 1043; THENCE ALONG SAID NORTHERLY' LINE OF $CARLETT COURT WESTERLY ALONG A CURVE TO THE LEFT FROM A RADIAL BEARING SOUTH 3° 04' 14" WEST WITH A RADIUS OF 128,01 FEET THROUGH A CENTRAL ANGLE Ol" 29° ~9' 0f" AN ARC LENGTIt OF d6.99 FEET; THENCE CONTINUING ALONG SAID [qORTHERLY L~NE OF SCARLETT COURT ALONG A TANGENT REVERSE CURVE TO THE RIGHT FROM A RADIAL BEAR.ING NORTH 26° 34' ~1" WEST WITH A RADIUS OF ~4.00 FEET THROUGH A CENTRAL ANGLE OF 27~ 14' 36" AN ARC LENGTH OF 16.17 FEET TO THE WEST LINE OF SAID PARCEL B AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY LINE OF $CARLETT COURT AND THE EASTERLY LINE OF DOUGHER'FY ROAD ALONG LAST [vlENTIONED 34.00 FOOl' RADIUS CURVE FROM A RADIAL BEARING NORTH 0° 19' 4~" EAST THROUGH A CENTRAL ANGLE OF 41° 46' 24" AN ARC LENGTH OF 24.79 FEET; THENCE CONTLNUING ALON~3 SAID EASTERLY LINE OF DOUGHERTY ROAD A,L, ONG A TANGENT COMPOUND CI,.IRVE TO THE RIGHT FROM A RADIAL BEARING NORTIt 4~06 09" EAST WITH A RADIUS OF 229,02 FEET TIIKOUGII A CENTRAL ANGLE OF 19~ 18' 49" AN ARC LENGTH OF 77.20 FEET; THENCE CONTINUING ALONG SAID EASTERLY LINE OF DOUGHERTY ROAD ALONG A TANGENT COMPOUND CURVE TO THE RI(JIlT FROM A RADIAL BEARING NORTH 61' 24' 58" EAST WITH A RADIUS OF 745,07 FEET THROUGH A CENTRAL ANGL~ OF 14* 44' ~1" AN ARC LENGTH OF 19138 FEET TO TIlE SOUTH LINE OF LOT ! AS SHOWN ON TRACT MAP 4918 RECORDED JUNE 3, 1984 IN BOOK 145 OF MAPS AT PAGES 3 THROUGH 5 ALAMEDA COUNTY RECORDS; THENCE ALONG SAID SOUTHERLY LINE OF LOT I SOUTH ~8~ 46' EAST 5.18 FEET; THENCE ALONG A LINE ~.00 FEET EASTERLY AND CONCENTRIC WITH THE EASTERLY LINE OF DOUOHERTY ROAD ALONG A NON-TAHGEN'F CURVE 3'0 TIlE LEVI' FROM A RADLAL BEARING NOR. TH 76° 03' 34" EAST WITH A RADIUS OF 740.07 FEET THROUGH A CENTRAL ANGLE OF J4a 38' 35" AN ARC LENGTH OF 189.14 FEET; THENCE CONTINUING ALONG SAID CONCENTRIC LINE ALONG A TANGENT COMPOUND CURYE TO THE LEFT FROM A RADIAL BEARING NORTH 61~ 2~' 01" EAST WITII A RADIUS OF 224.02 FEET THROUGH A CENTRAL ANGLE OF ;8a 10' 28' AN ARC LENGTH OF 31.90 FEET; THENCE LEAVING SAID CONCENTRIC LINE ALONG A : TANGENT CURVE TO THE LEFT FROM A RADIAL BEARING NORTH 53a 14' 30" EAST WITH A RADIUS tit-' 30.~() FEET THROtJrJH A CENTRAL ANGLE OF 6~e 37' 307 AN ARC LENGTH OF ~.52 FEET TO SAID ~/E~'I'ERLY LINE OF PARCEL B (PM 1043); THENCE ALOHG SAID WESTERLY LINE SOUTH Ia 13' 02' WEST 25.3B FEET TO' Tiie TRUE POINT OF BEGINNING. · CONTAINING 1944 SQ, PT, OR 0,0446 ACRE MORE OR LESS EXHIBIT A 15 10 13 12 21 23 III! [ I(~ I