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H m m rt C7 w rt CD G aka In rt H 0 H N z H to Fa a7 P4 1-3 M to z z H 20 2 22 2~ 25 26 27 28 MICHAEL R. NAVEs ESQ., %37226 WENDY A. ROBERTS, ESQ., %136216 MEYERS, NAVE, RIBACK & SILVER A Professional Law corporation 1220 Howard Avenue, suite 250 P. O. Box 208 Burlingame, CA 94011-0208 Telephone: (415) 348-7130 Attorneys for Plaintiff CITY OF DUBLIN IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE cOUNTY OF ALAMEDA CITY OF DUBLIN, a municipal corporation, plaintlff, No. V-003791-0 STIPULATION FOR JUDGMENT AND ORD~RTH~REON-- ACTION IN ~MINENT DOMAIN vs. D. MICHAEL NOHR, et al., Defendants. / IT IS STIPULATED between Plaintiff CITY OF DUBLIN, a municipal corporation, and Defendants D. MICHAEL NOHR, EQUITABLE DEED COMPANY, BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION (as successor by merger to Security Pacific National Bank), SECURITY PACIFIC NATIONAL BANK and CONCORD COMMERCIAL BANK, through their respective attorneys, as follows: 1. The Complaint in this action was filed on November 5, 1991, to condemn the fee simple title to the property described in said Complaint; 2. All named Defendants having an interest in the subject property have been served with the Summons and Complaint. 3. Defendant D. MICHAEL NOHR represents that, at the time 1 2 14 t5 16 17 18 19 2O 21 22 23 24 25 and immediately preceding the filing of the complaint, he was and now is the owner of the subject property. 4. Defendant D. MICHAEL NOHR has been served with Summons and Complaint in this action, and he is fully informed as to all matters affecting said property and expressly waives any and all other process of notice and any rights affected thereby. 5. The subject property is more particularly described in Exhibits "A-i" and "A-2" attached hereto and incorporated by reference herein. 6. That the Court is authorized and petitioned to enter without further notice a Judgment decreeing that the fee simple title in and to the subject property, more particularly described in Exhibits "A-i" and "A-2", is taken and condemned as authorized by law and adjudging that the sum of ONE MILLION TWO HUNDRED THIRTY-THREE THOUSAND SIX HUNDRED TWENTY-THREE AND 50/100 D~LLARS ($1,233,623.50), plus interest from June 16, 1992, to August 11, 1992, is full, adequate and just compensation for the taking thereof and for relocation benefits, demolition costs, and any and all claims or damages asserted by said Defendant; and that THIRTY-FIVE THOUSAND SEVEN HUNDRED TWENTY DOLLARS ($35,720.00) is full, adequate and just compensation for the taking of fixtures and equipment located on the subject property. 7. That Plaintiff CITY OF DUBLIN, will, not later than August 11, 1992, deliver a check in the sum of ONE MILLION ONE HUNDRED EIGHTY-ONE THOUSAND TWO HUNDRED FIFTY-SEVEN AND 66/100 DOLLARS ($1,181,257.66) to Northwestern Title Company (Escrow No. 808337), 275 Rose Avenue, Pleasanton, California 94568, payable to "D. MICHAEL NOHR and BANK OF AMERICA N.T. and $.A.", which is 2 ~0 11 12 ~3 14 15 16 17 18 2O 21 22 2~ 25 26 27 28 the difference between the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00) previously withdrawn from deposit by said Defendants and the agreed-upon just compensation ($1,233,623.50), interest at the statutory rate of 6.7% ($11,914.16), and the compensation for fixtures and equipment ($35,720.00), the fee simple title in and to the subject property will forthwith vest in plaln%iff free and discharged of all claims and liens of every kind whatsoever upon recordation of the Final Judgment herein. 12. That the real property taxes, including any delinquencies, costs, and interest, if any, shall be prorated in accordance with Revenue and Taxation Code section 4986 as of March 11, 1992, and such portion of said taxes as is attributable to the period from and after said date be, and the same are hereby, canceled, and that the lien for real property taxes, insofar as it affects the subject parcel, be canceled, and the auditor of the county of Alameda is directed to take whatever steps as are necessary to cancel said taxes, and the lien for real property taxes, insofar as the lien for real property taxes affects the subject property, is to be canceled and extinguished. 13. Defendant D. MICF~AEL NOHR will grant Plaintiff CITY OF DUBLIN an option to purchase the remainder of Defendant's parcel (identified in Exhibit "B") for EIC~T h~JNDRED EIGHTY-SEVEN THOUSAND SIX HUNDRED FIFTY DOLLARS ($887,650.00). said option shall remain open for forty (40) days from the date of signing of this Order and the City will have the right of first refusal on any sale for one hundred forty (140) days thereafter. t1111 111tl 8 9 10 11 12 13 14 15 16 17 18 ~9 20 21 22 23 24 25 26 27 28 14. Defendant D. MICHAEL NOHR will be allowed to retain the right to lease said property through the 180-day period identified in Item 13. DATED: ~.:~..: ~ _~-2~ 1992 /..~;, - L, - ~' MEYERS, NAVE, RIBACK & SILVER WEND~ ;~/.'/ R6~ERTS Attorneys for Plaintiff CITY OF DUBLIN DATED: , 1992 RINEPLART & A~X~DK~R DATED: , 1992 By TODD A. AM~POKER Attorneys for Defendant D. MICHAEL NO}ER BANK OF A~RICA By SALLY BROWN Attorneys for Defendants BA/~K OF A~RICA NATIONAL TRUST A/~D SAVINGS A~SOCIATION (as successor by merger to Security Pacific National Bank), SECURITY PACIFIC NATIONAL BANK and EQUITABLE DEED COMPANY DATED: , 1992 ELAINE F. B. LF~LOVE-PX2dqT Attorney for Defendant CONCORD CO~[MERCIAL BA/gK ORDER 9~ STIPULATION FOR JU _~.._~ IT IS SO ORDERED on JUDGE OF THE SUPERIOR COURT PARCEL B-i, LAi. ~ OF NOHR REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, A PORTION OF THE LANDS OF NOHR AS DESCRIBED IN THE DEED RECORDED FEBRUARY 9, 1984 UNDER SERIES NUMBER 84-026125 IN THE OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF TRACT 4978, RECORDED IN BOOK 145 OF MAPS AT PAGE 3 IN THE RECORDS OF SAID COUNTY; THENCE S. 88° 46' 45" E. ALONG THE SOUTHERLY LINE OF SAID TRACT 361.03 FEET TO THE NORTHWESTERLY CORNER OF SAID LANDS OF NOHR AND THE ACTUAL POINT OF BEGINNING; THENCE THROUGH THE FOL- LOWING NUMBERED COURSES: 1) S. 88° 46' 45" E., CONTINUING ALONG THE SOUTHERLY LINE OF SAID TRACT, 151.19 FEET TO A CURVE TO THE LEFT WITH A RADIUS OF 1067.00 FEET 2) FROM A TANGENT THAT BEARS S. 67° 27' 09" W. ALONG SAID CURVE THROUGH A CENTRAL ANGL~ OF 09° 14' 13" AN ARC DIST~%NCE OF 172.02 FEET TO THE WESTERLY LINE OF SAID LANDS OF NOHR 3) N. 01° 12'.28' E., ALONG SAID LINE, 81.69 FEET TO TEE ACTUAL POINT OF BEGINNING THIS PARCEL CONTAINS 0.1327 ACRES MORE OR LESS. EXP 9/30/92 1 LoT 2, WILSEY & HAM 355 LAKESIDE DRIVE. SUITE 200, FOSTER CITY. CA. 94404 (415) 349-2151 P4RCE~ ,~- I (_.././VD£ os: ArOHt~ PARCEL B-2, LAI,-~ OF NOHR REAL PROPERTY IN TME CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, A PORTION OF THE LANDS OF NOER AS DESCRIBED IN THE DEED RECORDED FEBRUARY 9, 1984 UNDER SERIES NUMBER 84-026125 iN THE OFFICIAL RECORDS OF SAID COUNTY, DESCRIBED AS FOT.LOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 1 OF TRACT 4978, RECORDED IN BOOK 145 OF MAPS AT PAGE 3 IN TEE RECORDS OF SAID COUNTY; THENCE S. 88° 46' 45" E. ALONG THE SOUTHERLY LINE OF SAID TRACT 560.93 FEET TO TEE EASTERLY LINE OF SAID LANDS OF NOHR AND THE ACTUAL POINT OF. BEGINNING; THENCE T~ROUGH THE FOLLOWING NUMBERED COURSES: 1) S. 01° 12' 28" W., ALONG SAID EASTERLY LINE, 111.84 FEET TO A CURVE TO THE LEFT WITH A RADIUS OF 697.42 FEET 2) FROM A TANGENT THAT BEARS S. 67° 23' 36" W. THROUGH A CENTRAL ANGLE OF 10° 11' 50" AN ARC DISTANCE OF 124.12 FEET 3) S. 57° 11' 46" W. 110.25 FEET TO THE WESTERLY LINE OF SAID LANDS OF' NOHR 4) N. 01° 12' 28" E., ALONG SAID LINE, 151.80 FEET TO A CURVE TO THE RIGHT WITH A RADIUS OF 1067.00 FEET 5) FROM A TANGENT THAT BEARS N. 58° 12' 56" E. THROUGH A CENTRAL ANGLE OF 09° 14' 13" AN ARC DISTANCE OF 172.02 FEET TO SAID LINE OF SAID TRACT 6) S. 88° 46' 45" E., ALONG SAID LINE, 48.71 FEET TO THE ACTUAL POINT OF BEGINNING THIS PARCEL CONTAi/~S 0.6406 ACRES MORE OR LESS. WILLIAM B. MASTERSON, LS 4818 /,ACT LOT J LoT ,4CTU4L ?Ol,4,'T O~ BEd WILSEY & HAM :]55 LAKES~::IE DRIVE. SUITE 2D0. FOSTER CITY, C~. 9~,404 (415) :349o2151 [" DWG. NO. '-- /2.&,- ~i-o2.. SCALE: / ''= oA~'~: HOUUTOr~ ~,, LN, 20 21 DUBUN 13DUL~'VARD ~XTENB-~ON 23