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Home My WebLink About4.04 Apprvl FM Phase 1 CITY CLERK File # D@][2][Q]-@][Q] ~)L 110 _(1" AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 26,1995 Resolution Approving Final Map Reduced copy of Final Map Tract Developer Agreement Resolution accepting deed for right-of-way for the proposed road through Valley Christian Center (including copy of deed) Resolution accepting easement deed for utilities along Valley Christian Center road right-of-way (including copy of deed) Resolution accepting quitclaim deed for access road along Martin Canyon Creek (including copy of deed) Resolution approving grant of easement to DSRSD for water and sewer utilities along the Martin Canyon access road (including copy of deed). RECOMMENDATION: 1~ Adopt resolutions SUBJECT: EXHffiITS ATTACHED: Approval of Final Map for Tract 5766, Hansen Hill Phase I Report Prepared by: Public Works Director Lee Thompson 1) 2) 3) 4) 5) 6) 7) None at this time. Once public improvements have been constructed and accepted, the City will incur maintenance costs for these improvements. FINANCIAL STATEMENT: DESCRIPTION: Tract 5766 (Hansen Hill, Phase I), which is located west of Silvergate Drive and north of Hansen Drive, includes 72 single-family lots plus common open space. Access will be from Silvergate Drive, with a secondary access through the Valley Christian Center from Dublin Boulevard. The improvement plans and Final Map have been reviewed and are acceptable to the City Engineer. All of the required fees, bonds, insurance certificates, and deeds have been submitted. COPIES TO: g: \develop\hansen\agst57 66 Bruce Brennan ITEM NO.~ Staff recommends that the City Council adopt the resolution (Exhibit 1) approving the Final Map and the resolutions (Exhibits 3 through 6) accepting or approving deeds. Page 2 RESOLUTION NO. - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING FINAL MAP FOR TRACT 5766 (HANSEN HILL, PHASE I) WHEREAS, the Final Map for Tract No. 5766, in the incorporated territory of the City of Dublin, State of California, has been presented to this City Council for approval, all in accordance with the provisions of the Subdivision Map Act of the State of Cali fomi a and the City of Dublin Municipal Code; and WHEREAS, the Developer, Warmington Homes, has executed and filed with the City of Dublin a contract to improve Tract No. 5766 in accordance with the Final Map of said Tract No. 5766, the Tract improvement plans, and the specifications attached thereto; and ~ WHEREAS, said contract is secured by a bond in the amount of $4,000,000 conditioned upon .aithful performance of said contract; and WHEREAS, said contract is secured by a bond in the amount of $2,000,000 for the benefit of laborers and materialmen upon the work and improvements, conditioned upon payment for labor performed or material furnished under the terms of said contract; NOW, THEREFORE, BE IT RESOLVED that said contract and bonds be and they are hereby approved. BE IT FURTHER RESOLVED that the Final Map of Tract 5766 be and the same is hereby approved; and that Bay Laurel Court, Bay Laurel Street, Buckeye Court, Inspiration Drive, Inspiration Circle, and Meadow Court, as offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted as City streets; and that those strips of land designated as Public Utility Easement (P.U.E.), Storm Drain Easement (S.D.E.), Overland Storm Runoff Easement (O.S.R.E.), Emergency Vehicle Access Easement (E.V.A.E.), and Slope Easement (S.E.), and the abutter rights as relinquished, as offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted; and that the Clerk of this City Council be and is hereby directed to 1Ilsmit said Map to the County Recorder for filing. Page 1 I '1<{;;t;{L If{;(~I'~ hi,;'; M~(3--'-- PASSED, APPROVED AND ADOPTED this 26th day of September, 1995. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\develop\hansen lreso5 766 Page 2 S!liIH.as " ... ~ ~ , (D I :j .oo~ - .1 '31YOS (D~O! ~ "~f~ IOI!!~e ~ ~ ' S i ":3_~ . g !.:f; . !! Ii flllll j It I .... Ifl~ J~;~ ~i ! ::;~;; ; j~~I;dj o I! ~ ~~ !~ ~ nsns El I"~u;:~ ~ i II bl =1 ~8 " ........t1ll l!I ~~I!li~& f: ~ I 0 q: ~~ ! !!=:~! ~i~nd~ i ~ ~ g. I ~~ II ! ;;;~!;! g~~~=~I= I ~ ....... - I~~ a~~ ~:~ U; RZ. :n~ ~"t:~ ~ ~;gl .~ !d~ l5.!!~! '" ~..~ lil .~ ~ ~~~! ~!il ~:~ I::~ ~:nl 5 I , .. ..... ~i"~ ~ I ~~~ ~ ~~ .. .. .. ~::b ~~~~ i ~ II. .. I~ ~....~:? oQQ:....~_ 11) '" I(1o,j ""'u >''' P~; P~~ I~~ I~~ ~;~ =~! ~~~ . iW~ :~~, :~~, ~~ali! ~~ Ii! ~"i!l It"~!1 ~Pn ~Pilll !~'5 !~z~ b~ ~ b~;!:~ .. ~..So ;".0 ~ "~~a "liSa ~ P;i! P:~! .. ~~il'! 1l~~1'! ~ :~~~ ~~~~ is ":~IF ~:~IF ~ ",;:;e;2 ~N~:! 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E~ll~ . / ,1l"Q[ liIl~.'"'..."'...""...'"'..........."'. x~ llllll ~ llllll H l; l! kl:r ;H~HUHBtu . ~:;!J:l ~._:J~ ~ ~ ~ 3 5 ~ ~~ .iXJJM.l , NfNOH::J .:10 SONn (O~ltJi!-OBJ AO.<< 1GI/:)J3'U ONY 'M?61 z _. .i' j ...---.__.- .___.~~_~_ ~-c-_ T}JJ.l('cd {(PI (:'(KII/,j I--/afJ . ~-"1 ( Itr5f: 1-09 J CITY OF DUBLIN TRACT DEVELOPER AGREEMENT This agreement is made and entered into this _ day of , 1995, by and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Warmington Homes, a California Corporation, hereinafter referred to as "DEVELOPER". WITNESSETH WHEREAS, it has been determined by the City Council of the City of Dublin, State of California, that DEVELOPER, as a subdivider, desires to improve and dedicate Tract 5766 in accordance with the requirements and conditions set forth within the City of Dublin Planning Commission Resolution No. 130-89 adopted on November 27,1989, and as amended by City Council Resolution No. 23-95 adopted on February 27, 1995; the requirements of the Subdivision Map Act of the State of California and the Subdivision Ordinance of the City of Dublin; and those certain plans and specifications for said development approved by said City Council, and now on file in the office of the Public Works Director/City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; and WHEREAS, Developer intends to satisfactorily complete the required improvement within the time hereinafter specified, and City intends to accept Developer's offer(s) of dedication of said improvement(s) in consideration for Developer's satisfactory performance of the terms and conditions of this Agreement: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. Developer will commence the work required by this Agreement within thirty (30) days following the date on which City executes this Agreement. Developer shall complete said work not later than three hundred sixty-five (365) days following said date of execution. Time is of the essence in this Agreement. Upon completion, Developer shall furnish City with a complete and reproducible set of final as-built plans, including any authorized modifications. 2. Bonds Furnished. Concurrently with the execution of this Agreement, Developer shall furnish City with a Faithful Performance Bond and a Labor and Materials Bond. 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. Each bond shall become a part of this Agreement. a. Faithful Performance Bond. Developer shall furnish City with a bond conditioned upon the faithful performance of this Agreement, said bond to be in the penal sum of $ 4,000,000. b. Labor and Materials Bond. Developer shall furnish City with a bond conditioned upon payment of all claims for labor and materials used or consumed in the performance of this Agreement. Said bond shall comply with the laws of the State of California, and with Title 15, Part 4, Division 3 of the Civil Code of the State of California (commencing with Section 3082). Said bond shall be in the penal sum of $ 2,000,000. ''-.-'~, .... .,. ....- .~-,'O>_, ,: -~"'3 ~ Page 1 -;;: cl('f Di:. L Ie' ({'pl''- /ICj;~,ti; lULf- 3. Insurance Required. Concurrently with the execution of this Agreement, Developer ,hall furnish City with evidence of insurance coverage as specified below. a. Worker's Compensation Insurance. Statutory coverage as required to cover the full liability of Developer in accordance with the provisions of Division IV of the Labor Code of the State of California, and an employer's liability insurance coverage with a limit of not less than $100,000 per occurrence to cover any claims arising from employment not covered by worker's compensation laws. b. Comprehensive General Liability Insurance. Minimum limits of liability shall not be less than $1,000,000 per occurrence combined single limit bodily injury and property damage coverage; any deductible provision shall not exceed $1,000 per claim, and each and every policy must contain a cross liability or severability of interests clause. c. Comprehensive Automobile Liability Insurance. Minimum limits of liability shall be not less than $1,000,000 per occurrence combined single limit bodily injury and property damage coverage; coverage shall include owned, non-owned, and hired vehicles, and each and every policy must contain a cross liability of severability of interests clause. d. Other Requirements, All insurance policies shall be issued by a company legally licensed to transact business in the State of California, shall be issued at Developer's own cost and expense, shall be maintained by Developer in full force and effect during the life of this contract, and must have an "A.M. BEST" rating of B+, X or better. All certificates of insurance shall name the City and its officers, agents and employees as additional insureds, shall contain a provision that a written notice of cancellation or reduction in coverage shall be furnished the City (10) ten days in advance of the effective date thereof, and shall state that uch coverage is primary to any other coverage of City. 4. Work Performance and Guarantee. Developer shall secure the services of those skilled in the trade, profession, or calling necessary to perform the work to be accomplished under the terms of this contract, and shall guarantee and maintain the work for a period of one (1) year following the completion and acceptance thereof against any defective workmanship or defective materials furnished in the performance of this Agreement, and any acceptance of the work by City will not operate as a release to Developer or Developer's bondsmen from the aforesaid guarantee. 5, Inspection of the Work. Developer shall guarantee free access to City through its Public Works Director/City Engineer and his desig-nated representative for the safe and convenient inspection of the work throughout its construction. Said City representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by Developer and replaced to the satisfaction of City without any expense to City in strict accordance with the improvement plans and specifications. 6. Agreement Assignment. This Agreement shall not be assigned by Developer without the written consent of City. 7. Abandonment of Work. If the work to be done under this Agreement is abandoned, or if this Agreement is assigned by Developer without written consent of City, or if City through its City Engineer determines that the said work or any part thereof is being unnecessarily or unreasonably delayed or that Developer is willfully violating any of the conditions or covenants 'this Agreement or is executing this Agreement in bad faith, the City shall have the authority ~ order Developer to discontinue all work or any part thereof under this Agreement, and Developer shall cease to continue the work or such part thereof as City may designate, and Page 2 City shall thereupon have the power to obtain by Agreement, purchase, rental or otherwise, all labor, equipment, and materials deemed necessary to complete the work and to use such materials as may be found upon the line of such work. Developer and his sureties shall be liable for all expenses incurred by City for the acquisition and use of such labor, equipment, and materials. 8. Use of Streets or Improvements. At all times prior to the final acceptance of the work by City, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of Developer. The issuance of any building or occupancy permit by City for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by City. Developer agrees that City's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 9. Safety Devices. Developer shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as may be necessary to prevent accidents to the public and damage to the property. Developer shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the Developer, and the entire site left clean and orderly. 10, Acceptance of Work. Upon notice of the completion of all tract work and the delivery of a set of final as-built plans to City by Developers, City, through its City Engineer or his designated representative, shall examine the tract work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, shall accept the work and notify Developer or his designated agents of such acceptance. 11. Patent and Copyright Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, Developer shall be liable for, and shall indemnify City from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 12. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 13. Liability. a. Developer Primarily Liable. Developer shall be responsible for any and all loss, accident, neglect, injury or damage to person, life or property which may be the result of or may be caused by construction, operations, or execution of this Agreement, and for which City might be held liable. Developer shall protect and indemnify the City of Dublin, the City Council, the City Engineer and/or any officer, agent or employee of the City, and save them harmless in every way from all suits or actions at law for damage or injury to persons, life or property that may arise or be occasioned in any way because of construction operations or execution of this Agreement. Page 3 b. Design Defect. If, in the opinion of the City, a design defect in the work of ,mprovement becomes apparent during the course of construction, or within one (1) year following acceptance by the City of the improvements, and said design defect, in the opinion of the City, may substantially impair the public health and safety, Developer shall, upon order by the City, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the City for the corrective work required. c. Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN By Mayor , TTEST: City Clerk DEVE~OPER /} () .'~V/c:k'-/oo/}~ By , . David M. Ryan, President Warmington Homes Northern California Division Page 4 RESOLUTION NO. - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ACCEPTING DEED FOR RIGHT-OF-WAY FOR PROPOSED ROAD THROUGH VALLEY CHRISTIAN CENTER (RELATIVE TO TRACT 5766) WHEREAS, as a condition of approval of the Tentative Map for Tract 5766, a public road through the Valley Christian Center property to Dublin Boulevard was required to be improved and dedicated to the City; and WHEREAS, the developers of Tract 5766 have requested approval of the Final Tract Map; and WHEREAS, the developers of Tract 5766 have negotiated the transfer of the right-of-way from Valley Christian Center to the City of Dublin and have delivered said deed of dedication to the City; and WHEREAS, the construction of improvements for this road has been guaranteed by the developer of Tract 5766 through a Tract Developer Agreement and performance bonds; NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby accept the deed (Exhibit A) for right-of-way for a proposed road (Inspiration Drive) through Valley Christian Center. BE IT FURTHER RESOLVED that the Mayor is authorized to accept the deed on behalf of the City. BE IT FURTHER RESOLVED that the City Clerk is instructed to transmit the deed to the Alameda County Recorder for recording. PASSED, APPROVED AND ADOPTED this 26th day of September, 1995. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 4 g:\develop\hansen\resvccrw ?':J,;"x'-t.~.1 f?hl- a0d,{'A.L) C v'C~. Ord"erN". Escro..... No. Loan No, WHEN RECORDED MAIL TO: SPAce ABOVE THIS I.INI!. ,"OR RIICOAO&.A'S USE MAIL TAX STATEMENTS TO: N/A llOCt.O'>1ENTAAY TRANSFER TAX s..__~iJ!l_E...~~.~_._._._,. ,.m, Computed on thl c:onlic:l~lticm or vIlul of propwty COnvIV..:!; OR ...... Computed on thl c:onlidlrltion Ot vIlu.l_liens or lneumbrlncll ~lininglllimloflll.. S"n....'.ol Oeel...nt 0' A'lnt 4ftl.minin, tI. _ "I,m Nlml RIG H T - n F - HAY ----- -- --- CORPORATION GRANT DEED FOR A VALUABLE CONSIOERATION, receipt of which is hereby acknowledged, VALLEY CHRISTIAN CE~ITER OF DUBLIN, CALlFO"lNIA, a California Non-Profit corporation, ".'hich acquired title as ASSE'1BLlES OF GOD, VALLEY CHRISTlft.N CENTE~ OF DUBLIN, C.~LlFDRNlft" a Non-Profi t /( corporation organized under the laws of the State ot Ca 1 i forn i a , does hereby GRANT to THE CITY OF DUBLIN, a municipal corporation the real property in the City of Dub 1 in County of Alameda . Stale of California, described as SEE EXHIBIT "A" ATTACHED HERETO AtIO I1AOE A PART HEREOF Oated Valley Christian Center of Dublin, Calltornla, a Calltornla Non-Protlt corporation By /fl1, ~ /I ~;u.nt . pet$Onally known 10 ml (or IVidlneljlobllhlpef30na 10 m. on ml bUia of salitt.erory elleeulec:llhe ....lthin inatrument.. By Secretary Pretidenl and Secretary, on behllltol A thl COf't""..... In..&ln namld. and ilCknowledQld to poqition ec:ulld Ihe within instrument p1JntU.nl 10 . resotu oIi"~rdol(lirectOJ1 t:-(.. '0. ;llkrhG-rl 4- MAIL TAX STATEMENTS A.S DIRECTED ABOVE ,..--!1 SHEET 1 OF 3 SHEETS OS/24/95 ADAMS-STREETER CIVIL ENGINEERS 15 CORPORATE PARK IRVINE, CALIFORNIA 92714 (714) 474-2330 EXHIBIT "A" (LEGAL DESCRIPTION) VALLEY CHRISTIAN CENTER ROADWAY DESCRIPTION THAT PORTION OF THE LANDS OF VALLEY CHRISTIAN CENTER OF DUBLIN, AS SHOWN IN A DEED RECORDED DECEMBER 12, 1989, SERIES NO. 89-349053, ALAMEDA COUNTY RECORDS, CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND, 56.00 FEET WIDE, FOR PUBLIC RIGHT OF WAY PURPOSES, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID DEED; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID DEED NORTH 880 53' 58" WEST 868.74 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING ALSO THE POINT ON A NON-TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL -BROUGH SAID POINT BEARS SOUTH 400 21' 49" WEST; THENCE SOUTHEASTERLY ."LONG SAID CURVE THROUGH A CENTRAL ANGLE OF 130 40' 24" AN ARC LENGTH OF 71.59 FEET; THENCE SOUTH 630 18' 35" EAST 374.70 FEET TO THE BEGINNING OF A TANGENT 650.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERL Y, SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 970 40' 02" AN ARC LENGTH OF 1108.00 FEET TO THE BEGINNING OF A COMPOUND 315.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL THROUGH SAID POINT BEARS SOUTH 550 38' 33" EAST; THENCE SOUTHWESTERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 300 55' 18" AN ARC LENGTH OF 170.00 FEET; THENCE SOUTH 650 16' 45" WEST 759.97 FEET TO THE BEGINNING OF A TANGENT 150.00 RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 63047' 22" AN ARC LENGTH OF 167.00 FEET; THENCE SOUTH 010 29' 22" WEST 18.92 FEET TO THE NORTHERLY BOUNDARY LINE OF 1-580, DESCRIBED AS PARCEL 1 IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED DECEMBER 15,1971 ON REEL 3017, OF OFFICIAL RECORDS, IMAGE 733. THE SIDELINES AT THE NORTHERLY TERMINUS OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT THE NORTHERLY BOUNDARY LINE OF SAID DEED TO THE LANDS OF V ALLEY CHRISTIAN CENTER OF DUBLIN. SHEET 2 OF 3 SHEETS OS/24/95 THE SIDELINES AT THE SOUTHERLY TERMINUS OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT THE NORTHERLY BOUNDARY LINE OF 1-580 IN A DEED TO THE STATE OF CALIFORNIA. ALL AS SHOWN ON SHEET 3, ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF; '~f AN A. ADA}1S .C.E.21687 MY REGISTRATION EXPIRES 9 - 30 - 97 H:l94 IOOOIM?:PPlNGILEGALS/CHCTRW I.DOC JRW 41l4/95 i/ . a It) ~ 1/ EXHIBIT "A" -()V ~ TRACT ~~ NO. \ bi/,<o' '\ o. 6'l-/~. bi /.(. ':) G..i -.J o (I) TENTA TiVE 5766 .. -- SHEET 3 OF 3 SHEETS N88.53' 58' W 868.74 t::" = 13.40'24' R = 300.00' L = 71.59' LANDS OF VALLEY CHRiSTJAN CENTER28.00' ( 89-349053) ~. 'V >o\<.t ;" ~ \\ ::/,\~ , -0'-'" \\" ~ . ~iJ"_ '-'" o. <: ~~ ... ... <S' Cl ~ <S' 0'_ . 0'0 ... . 'b. Q <:5>_ STA TE OF CALiFORNJA DEPARTMENT OF TRANSPORTA TlON PER REL NO. 40465 - a ~ a a , C> II <0 " ~. Cl , Cl' ^J , """ ..... ~ ~ . a '<l: co . ...... ij (j co ~ tn ~ ....... ....... ~ , Q, 1'... 1'... 1'... It) a <: t ~ VALLEY CHRlsnAN CENTER R.O.W. H:\ 941000\ MAPPING\ EXHIBITS\ ST -DEDIC,DWG RESOLUTION NO. - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTING DEED FOR PUBLIC UTILITY EASEMENT ALONG PROPOSED ROAD THROUGH VALLEY CHRISTIAN CENTER (RELATIVE TO TRACT 5766) WHEREAS, as a condition of approval for the Tentative Map for Tract 5766, a public road through the Valley Christian Center was required to be improved and dedicated to the City of Dublin; and WHEREAS, the City of Dublin requires public utility easements adjacent to rights-of-way for new public streets for utility facilities that may extend beyond the street right-of-way; and WHEREAS, the developer of Tract 5766 has negotiated the transfer of utility easements along the proposed road right-of-way through Valley Christian Center (Inspiration Drive) and has delivered the deed to the City; NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby accept the deed (Exhibit A) for right-of-way for a proposed road through Valley Christian Center. BE IT FURTHER RESOLVED that the Mayor is authorized to accept the deed on behalf of the City. BE IT FURTHER RESOLVED that the City Clerk is instructed to transmit the deed to the Alameda County Recorder for recording. PASSED, APPROVED AND ADOPTED this 26th day of September, 1995. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\develop\hansen\resvceas 5 j:J"::dC{tlC11- PU C Orc.r No. Escro.., No. Loan No. WHfN RECORoeo MAIL TO; MAIL TAX STATEMENTS TO; SPA,CI ASOVE THIS 1..INE 1'01'1 "ECOROER"S USE N/A OCXl.MENTAAY TRANSFER TAX s.,__r:!.O!'.~_o.~~__...__...... ...... CompurMl on th. conlld....rion or ...1". oll)rOl)erty CO""".,IKl; OR . CompqtMl on tfl. conlldlrllion or ....". I.. li....1 or .ncumoriltlc. rtmllninllIt tim.of tIl.. Si,"",,,, 0' O.I.r.nt';If A,t.nldtterm,"."t IIx _ ,,,... Nome EASE/lENT CORP()O"'YTON-GRANY DEED FOR A VALUABLE CONSIDERATION. receipt of which is hereby acknowledged, VALLEY CHRISTIAN CENTER OF OUBLIN, CALI FORN lA, a Ca 1 iforn i a Non-Profi t corpora t i on, ,'h i ch acquired title as ASSEMBLIES OF GOO, VALLEY CHRISTIAN CENTER OF DUBLIN, CALIFORNIA, a Non-Profit <<corporation organized under the laws of the State of Cal ifornia . does hereby G RANT to THE CITY OF DUBLIN. a municipal corporation the real property in the City of Dub 1 i n County of Alameda . State of California, described as SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF '" ...-- Valley Christian Center of Dublin. lalltornla. a Calltornla Non-Protlt corporation BY~'~~~~ President Dated By $<<retary Prelidenland --, on !Mllallal the co ~11On Ih,,.,n nemed, atId ICknowledgld 10 me lhat such ~ n executed the wilhln lIIt1Nmenl I)I,jrauenl 10 Ita tI)"".e_ or a r u1lonolll.*rdaldltllC'l~ rTNESS my ha~ and offlciI,l Mal SlQr1atur_ MAIL TAX STATEMENTS AS OIA . " ~r 120 "',(... "<fY' ",. A 821 SHEET 1 OF 4 SHEETS 5/26/95 ADAMS-STREETER CIVIL ENGINEERS 15 CORPORATE PARK IRVINE, CALIFORNIA 92714 (714) 474-2330 EXHIBIT "A" (LEGAL DESCRIPTION) VALLEY CHRISTIAN CENTER PUBLIC UTILITY EASEMENT DESCRIPTION THAT PORTION OF THE LANDS OF V ALLEY CHRISTIAN CENTER OF DUBLIN, AS SHOWN IN A DEED RECORDED DECEMBER 12, 1989, SERIES NO. 89-349053, ALAMEDA COUNTY RECORDS, CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND, 71.00 FEET WIDE LYING 33.00 FEET ON THE RIGHT AND 38.00 FEET ON THE LEFT, LOOKING IN THE DIRECTION OF THE TRAVERSE, OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF SAID DEED; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID DEED NORTH 88053' 58" WEST 868.74 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING ALSO THE POINT ON t\. NON-TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL HROUGH SAID POINT BEARS SOUTH 400 21' 49" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 130 40' 24" AN ARC LENGTH OF 71.59 FEET; THENCE SOUTH 630 18' 35" EAST 374.70 FEET TO THE BEGINNING OF A TANGENT 650.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY; THENCE SOUTHEASTERL Y, SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 970 40' 02" AN ARC LENGTH OF 1108.00 FEET TO THE BEGINNING OF A COMPOUND 315.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL THROUGH SAID POINT BEARS SOUTH 550 38' 33" EAST; THENCE SOUTHWESTERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 300 55' 18" AN ARC LENGTH OF 170.00 FEET; THENCE SOUTH 65016' 45" WEST 759.97 FEET TO THE BEGINNING OF A TANGENT 150.00 RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 630 47' 22" AN ARC LENGTH OF 167.00 FEET; THENCE SOUTH 010 29' 22" WEST 18.92 FEET TO THE NORTHERLY BOUNDARY LINE OF 1-580, DESCRIBED AS PARCEL 1 IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED DECEMBER 15,1971 ON REEL 3017, OF OFFICIAL RECORDS, IMAGE 733. THE SIDELINES AT THE NORTHERLY TERMINUS OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT THE NORTHERLY BOUNDARY LINE OF SAID DEED TO THE LANDS OF VALLEY CHRISTIAN CENTER OF DUBLIN. SHEET 2 OF 4 SHEETS 5/24/95 THE SIDELINES AT THE SOUTHERLY TERMINUS OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT THE NORTHERLY BOUNDARY LINE OF 1-580 IN A DEED TO THE STATE OF CALIFORNIA. EXCLUDING THEREFROM: THAT PORTION OF THE LANDS OF VALLEY CHRISTIAN CENTER OF DUBLIN, AS SHOWN IN A DEED RECORDED DECEMBER 12, 1989, SERIES NO. 89-349053, ALAMEDA COUNTY RECORDS, CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, INCLUDED WITHIN A STRIP OF LAND, 56.00 FEET WIDE, THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID DEED; THENCE WESTERLY ALONG THE NORTHERLY BOUNDARY LINE OF SAID DEED NORTH 88053' 58" WEST 868.74 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT OF BEGINNING BEING ALSO THE POINT ON A NON-TANGENT 300.00 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, A RADIAL THROUGH SAID POINT BEARS SOUTH 400 21' 49" WEST; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 130 40' 24" AN ARC LENGTH OF 71.59 FEET; THENCE SOUTH 6jo 18' 35" EAST 374.70 FEET TO THE BEGINNING OF A TANGENT 650.00 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERL Y; THENCE SOUTHEASTERL Y, SOUTHERLY AND SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 970 40' 02" AN ARC LENGTH OF 1108.00 FEET TO THE BEGINNING OF A COMPOUND 315.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, A RADIAL THROUGH SAID POINT BEARS SOUTH 550 38' 33" EAST; THENCE SOUTHWESTERLY ALONG SAID COMPOUND CURVE THROUGH A CENTRAL ANGLE OF 300 55' 18" AN ARC LENGTH OF 170.00 FEET; THENCE SOUTH 65016' 45" WEST 759.97 FEET TO THE BEGINNING OF A TANGENT 150.00 RADIUS CURVE, CONCAVE SOUTHEASTERLY; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 630 47' 22" AN ARC LENGTH OF 167.00 FEET; THENCE SOUTH 01029' 22" WEST 18.92 FEET TO THE NORTHERLY BOUNDARY LINE OF 1-580, DESCRIBED AS PARCEL 1 IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED DECEMBER 15, 1971 ON REEL 3017, OF OFFICIAL RECORDS, IMAGE 733. THE SIDELINES AT THE NORTHERLY TERMINUS OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT THE NORTHERLY BOUNDARY LINE OF SAID DEED TO THE LANDS OF V ALLEY CHRISTIAN CENTER OF DUBLIN. THE SIDELINES AT THE SOUTHERLY TERMINUS OF SAID STRIP SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE AT THE NORTHERLY BOUNDARY LINE OF 1-580 IN A DEED TO THE STATE OF CALIFORNIA. ALL AS SHOWN ON SHEET 4, ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF; " /7 / ,. ~i ~/1 ///' . I /.- L ----- -. ~-JAN A. A!) R.C.E.21687 MY REdiSTRATION EXPIRES 9 - 30 - 97 H:/941000/MAPPING/LEGALS/CHCTRPUE,DOC JRW 4/14/95 SHEET 3 OF 4 SHEETS 5/24/95 ~ a lC) C\J /I EXHIBIT · A. SHEET 4 OF 4 SHEETS ~ - S)V TENTA TlVE TRACT ~ ~ NO. 5766 4/ \ bi/~. ~V~9' if ,. LJ -.J G CI) 868.74 A = 1.3"40'24' R = 300.00' L = 71.59' LANDS OF VAllEY CHRiSTiAN ':.", 'i\ II :::. -.... ~:.. - ( 89-349053) ~ -p "V '"70Yd>- <' \\ v' ,," v> "? :>,.0'. v' o. 0 ~<<' ~ ~~.. ("I ~ 0' "'~ . 0'0 ~ 0' . 'b.. 0... 0). '0 0.. STATE OF CALiFORNJA DEPARTMENT OF TRANSPORTATiON PER REL. NO. 40465 VALLEY CHRlsnAN CENTER P,U.E. ...... - ~ ~ . a ~ to . .... ij (j ~ ~ ~ - - ~ l( ~ ~ ~ II) Q ~ t ~ H:\ 941000\ MAPPING\ EXHIBITS\ P-U-E.DWG RESOLUTION NO. - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* ACCEPTING DEED FOR MAINTENANCE ACCESS ROAD ALONG MARTIN CANYON CREEK (RELATIVE TO TRACT 5766) WHEREAS, as a condition of approval for the Tentative Map for Tract 5766, the developer of Tract 5766 was required to provide the City of Dublin with a maintenance access road along the north side of Martin Canyon Creek; and WHEREAS, the developer has negotiated with the owner of a parcel of land that will contain said access road and has obtained and delivered a deed for this parcel of land to the City of Dublin; NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby accept the deed (Exhibit A) for an access road along Martin Canyon Creek. BE IT FURTHER RESOLVED that the Mayor is authorized to accept the deed on behalf of the City. BE IT FURTHER RESOLVED that the City Clerk is instructed to transmit the deed to the dameda County Recorder for recording. PASSED, APPROVED AND ADOPTED this 26th day of September, 1995. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk u:\develop\hansen\rescrkac ~ f2tc.;0LLLhOYl - fv\~l.t,AiLU~si2{'Clc.l RECORDING REQUESTED BY First American Title Guaranty Company Order No. Escrow No. Loan No. WHEN RECORDED MAlL TO: City of Dublin SPAa: ABOve THIS UN! FOR RECORDERS USE MAIL TAX STATEMENTS TO: The I.I1dersigned grantor(s) dedare(s): CITY TRANSFER TAX $ DOCUMENTARY TRANSFER TAX $ SURVEY MONUMENT FEE $ Computed atl the consideiBf.im or value of properly c:onveyed; OR CompUl8d lIP Ihe consideratiOn or VllIUe less lens or enc;umb""'''''. nrnUlh9 .. lime of ...... SAME AS ABOVE APN 941-2772-5-2 QUITCLAIM DEED FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged. KAUFMAN AND BROAD OF NORTHERN CAUFORNIA, INC., a California corporation do es hereby REMISE, RELEi\SE AND FOREVER QUITCLAIM to CITY OF DUBUN, a municipal corporation the real properly in the City of County of Dublin Alameda . State of California, described as PARCEL A, TRACT 4943, filed September 13,1984, Map Book 148, Pages 1-4, Alameda County Records, EXCEPTING THEREFROM that portion thereof conveyed to John P. lenig et ux, by Deed recorded January 10, 1986, Series No. 86-5835, Official Records. Dated September 6, 1995 STATE OF CALIFORNIA COUN1Y OF CONTRA COSTA } }S3. l Kaufman and Broad of Northern California, Inc., a California corporation BY:~. ,/(....- .y]~,- k~ y" On SEPTEMBER 6, 1995 before me, LINDA SOARES. NOTARY PlJRT.T~.D1BII1 appesred MATT KOART ANn WILLIAM A. MORRISON , personally known to me (or proved to me on the basis of 5lllisfac:tory evidence) to be the person(s) whose name(s) lsIare subscribed to the within Instrument and acknowledged to me that hEl/she/lhey execuledlhe same In hislher/their authoriZed c:apac:ltyOes), and that by his/her/!helr signature(s) on the Instrumenlthe person(s) or the enllly UllOn behalf or which the person(s) 8t:led, executed the Instrument WITNESS my hand and aflidal SBal Slgnalure ~-j /V ~lh/ ~ LINDA SOA~RES f .,. Comm. #1051020 Gl '0 NOTARY PUBUC CALIFORNIA 1 CON'RA COST A COUNTY ( Comm e,-pIres Feb 5.1999 .... -.."... . Ir"'_ .....,.-r-' 'L..l~L.: ~- I W ' . ,A. .,-FoI'1}~-{L.ch.M (0" ,.' .-- OCOBlK,DOC (""v""",) FIRST AMERICAN TITLE GUARANTY COMPANY 5199 Johnson Drive, Suite 120 Pleasanton, CA 94588 510/460-8228 September 6, 1995 RE: Escrow No. "Hansen Hill" GENERAL RECEIPT AND INSTRUCTION J/WE hand you herewith the following items as indicated: (X) Executed Quitclaim Deed to City of Dublin You are hereby authorized and instructed to deliver and/or record the above upon receipt of the following: (x) NO DEMAND Check if applicable: (N/A) Issue your policy of title insur3Ilce and/or endorsement no. with liability in the amount of $ subject to preliminary report number dated items numbered. These instructions are effective until revoked by written fonn satisfactory to First American Title Guaranty Company. Kaufman and Broad of Northern California, Inc.) a California corporation BY~' y.----5f sc:........ K t...~ W\- I Co..,.... '1 w... ~ \ . (' A C\4-'; ~ C, ADDRESS: 4r "3, '50 c.. 'f'-Ch....,) PHONE: (.:; 10) g~ '7 - 4S 6 t;" RECEIVED: . 19_ FIRST AMERICAN TITLE GUARANTY COMPANY BY , ',- ':;::::",~, [,Ne9.34 'Oc."W 53.4C.'] 1'AtLE:L" AIt 'i"12-Ac..,. ~q 'iD ;....\ ' .'"... '-U-l1"o040'''W 2.24.40'] /'1.C..[~ 5(.o4.9'OC'W y....... 421.08'] /<'1) ..::>-. !'iJ /J..! 0 '/) /::) ON LINE " .,..NGlo54'33"[ 50.00' '-::N G30, I '41"E(R) 231. 38' I / I '0' - -CREEK5IQE~ -~ -- 0\UHH.,!-\Y SCHOO H/S i'10,52J ./-.... \.) "" .:-"1....,\ '<' ,(. RESOLUTION NO. - 95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * APPROVING GRANT OF EASEMENT TO DUBLIN SAN RAMON SERVICES DISTRICT FOR WATER AND SEWER UTILITIES ALONG MARTIN CANYON CREEK ACCESS ROAD (RELATIVE TO TRACT 5766) WHEREAS, the City of Dublin has received and accepted the deed for a strip ofland for the purpose of maintenance access along the north side of Martin Canyon Creek; and WHEREAS, it is necessary to place water and sanitary sewer utilities within this parcel ofland to serve Tract 5766; NOW, THEREFORE, BE IT RESOLVED that the Dublin City Council does hereby approve the grant of easement (Exhibit A) to the Dublin San Ramon Services District for water and sewer utilities along an access road along the north side of Martin Canyon Creek, within a parcel ofland owned by the City. BE IT FURTHER RESOLVED that the Mayor is authorized to sign the deed on behalf of the City. BE IT FURTHER RESOLVED that the City Clerk is instructed to deliver said deed to the Dublin San Ramon Services District. PASSED, APPROVED AND ADOPTED this 26th day of September, 1995. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g:\develop\hansen\resdsrsd 'i2CC,.JC7e1..L'!-iMt - , lL"_'_'~ Ll0vu' '{,GJsedU:'l 't to l);.'2.s.j) RECORDING REQUESTED BY First American Title Guaranty Company Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 SPACE ABOVE THIS UNE FOR RECORDER'S USE MAIL TAX STATEMENTS TO: No Tax Due Nancy Gamble. Dislrict Secretary Dublil San Ramon Services District EASEMENT NO. AFFECTS A.P.N. 941-2772-5-2 GRANT OF EASEMENT By this instrument dated ,1995, for a valuable consideration, CITY OF DUBLIN, a municIpal corporation, hereinafter 'GRANTOR', hereby GRANTS to DUBLIN SAN RAMON SERVICES DISTRICT, a political stlbdivlslon organized and existing under the Community Services District laws of the State of California, Counties of Alameda and Contra Costa, the following described interest in the real property located in the State of California, County of Alameda, City of Dublin: a perpetual Public Utility and Right of Way Easement for the purpose of excavating, installinC' constructing, reconstructing, repairing, maintaining and operating improvements including but not limited to water line and a sewer line and all appurtenances thereto, together with the right of ingress and egress therefor, in, under, over, along and across that certain land: Parcel A, Tract 4943, filed September 13, 1984, Map Book 148, Pages 1-4, Alameda County Records, Excepting Therefrom that portion thereof conveyed to John P. Lenig et ux, by Deed recorded January 10, 1986, Series No. 86-5835, Official Records. GRANTOR hereby agrees to refrain from building, erecting or allowing any structure or improvement over the easement herein granted. IN WITNESS WHEREOF, GRANTOR has executed this Grant of Easement as of the day and year first above written. STATE OF CALIFORNIA COUNTY OF I Iss. I City of Dublin, a municipal corporation On befora me, , personally appeared personally known to me (or proved to me on the basis 01 sallslactory evidence) to be the person(s) whose name(s) Is/are subscribed 10 the within Instrument and acknowledged to me Ihal he/she/lhey executed the same In his/her/thelr authorized capacity(ies), and that by hl./her/thelr slgnature(.) on the Instrument the person(s) or the entity upon beha~ 01 which the person(s) acted, executed Ihe Instrument. WITNESS my hand and official seal. By: Signature A GOBlK.DOC (Rev rJg4) ,~y IZe. ':JL'i'.Ll 'hh'\ -,