HomeMy WebLinkAboutItem 4.04 DubRanA LongTermEncro CITY CLERK
File # 600-30
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: March 19, 2002
SUBJECT:
Approval of Agreement for Long Term Encroachments for Fallon
Road, Signal Hill Drive and Bent Tree Drive, Dublin Ranch, Area A
Report Prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
3)
4)
Resolution Approving Agreement
Agreement for Long Term Encroachments over Fallon Road,
together with Exhibits (Legal Descriptions and Legal Plats)
Agreement for Long Term Encroachments over Signal Hill
Drive, together with Exhibits (Legal Descriptions and Legal
Plats)
Agreement for Long Term Encroachments over Bent Tree
Drive, together with Exhibits (Legal Descriptions and Legal
Plats)
RECOMMENDATION: ~opt resolution
approving Agreements
FINANCIAL STATEMENT:
The developer is providing a liability insurance certificate to protect
the City against claims resulting from construction and maintenance
of the bridge and utility improvements, and will pay the cost of
construction and construction inspection. Once the improvements
have been constructed and accepted, the Developer will incur all
maintenance and operational costs.
DESCRIPTION: Master Tentative Parcel Map 7135 (Dublin Ranch, Area A) was
approved by the City Council on July 17, 2001 (PA 99-060), and Supplemental Information provided in
the SDR package for this Map showed a Golf Course path and a private bridge crossing Fallon Road.
Final Map 7252, which is the second phase of Master Tentative Map 7135, was approved by the City
Council on December 4, 2001, and shows Fallon Road dedicated as a public street through Dublin Ranch
Area A. Final Map 7252 also subdivided Parcel 3 of Parcel Map 7135 into an 18-hole golf course, a
future community recreation center facility, a future golf course clubhouse facility and future Dublin
Ranch Area A-1 residential subdivision.
In order for the owner, DR Acquisitions I, LLC (Lins), to develop and Operate.the Golf Course, the owner
is requesting the rights to construct, operate and maintain a bridge and bridge support over and within a
portion of Fallon Road so that the Golf Course users do not have to cross Fallon Road at grade.
COPIES TO: DR Acquisitions, I, LLC (Lins)
ITEM NO. ~
g:G:\DEVELOP\Dublin Ranch~Areas A-EX~rea A Tract 7252XAGST Fallon golf bridge.doc
The Fallon Road bridge overpass will be located 100 feet south of the Fallon Road/Signal Hill Drive
intersection and will connect golf course hole number one on the west side of Fallon with golf course hole
number eighteen on the east side of Fallon. The developer will also construct and install all related
improvements for the golf course cart path system and its connection to the proposed bridge. The bridge
will be used by pedestrians, golf carts and golf course maintenance vehicles and will be constructed with
the Golf Course improvements. This bridge encroachment will be private and for exclusive use of the
Golf Course owner, guests and members. The bridge will be 110 feet long and 15 feet wide, and will
conform to the Dublin Ranch Area A - SDR submittal package that was approved by the Planning
Commission in December, 1999. This bridge will maintain 16.5 feet minimum clearance from the top of
finished pavement to the bottom of the bridge structure. Fallon Road bridge and bridge support is shown
on the attached Fallon Road Legal Descriptions No. 1 & 2 - Exhibit "A".
DR Acquisitions I, LLC (Lins), also needs to install irrigation system lines and other utilities as required
underneath Fallon Road, Signal Hill Drive and Bent Tree Drive in order to develop and operate the Golf
Course. The developer will construct, operate and maintain the irrigation system across Fallon Road,
Signal Hill Drive and Bent Tree DriVe to serve the Golf Course. These utilities underneath Fallon Road
will be located just north of Fallon Road/Signal Hill Drive and just south of Fallon Road/Turnberry Drive
intersections as shown on the attached Fallon Road Legal Descriptions No. 1 & 2 - Exhibit "B". The golf
cart surface crossing and utilities underneath Signal Hill Drive will be located just east of the Fallon
Road/Signal Hill Drive intersection as shown on the attached Signal Hill Drive Legal Descriptions No. 1
& 2 - Exhibits "A" and "B". The golf cart crossing, storm drain and utilities underneath Bent Tree Drive
will be located just north of Cherry Hills ' Court as shown on the attached Bent Tree Drive Legal
Descriptions No. 1 & 2 - Exhibit "A".
The encroachments and easements for the affected portions of Fallon Road, Signal Hill Drive and Bent
Tree Drive have been reviewed by City Staff and found to be in conformance with the Tentative Map and
Conditions of Approval. The City has received a liability insurance certificate with the City named as
additional insured in the amounts of $2,000,000 each for all improvements conditioned by the Tentative
Map that are applicable to this phase. All of the required improvement plans and Agreements have been
submitted and reviewed.
Staff recommends that the City Council adopt the resolution approving Agreements for Long Term
Encroachments for Fallon Road, Signal Hill Drive and Bent Tree Drive.
RESOLUTION NO. -02
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENTS
FOR FALLON ROAD, SIGNAL HILL DRIVE AND BENT TREE DRIVE
(DUBLIN RANCH - AREA A, DR ACQUISITIONS, I, LLC. (LIN))
WHEREAS, the first Final Map for Tract 7135 was approved by the City Council on July 17, 2001,
the Council finding that certain number of Conditions of Approval of Planning Commission Resolution No.
00-36 had been met; and
WHEREAS, the second phase of several final maps for Master Vesting Tentative Map 7135 (Area A
of Dublin Ranch), in the incorporated territory of the City of Dublin, has been Presented to the City Council
for approval; and
WHEREAS, Final Map 7252 is the second phase of Master Tentative Parcel Map 7135 (Area A of'
Dublin Ranch) in the incorporated territory of the City of Dublin, State of Calif0mia, and which Final Map
7252 was approved by the City Council Resolution No. 206-01 on December 4, 2001, all in accordance with
provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and
WHEREAS, the Developer, DR Acquisitions I, LLP (Lins), has executed and filed with the City of
Dublin an Agreement to improve Fallon Road Golf Course bridge and underground all utilities across Fallon
Road, Signal Hill Drive and Bent Tree Drive in accordance with Master Vesting Tentative Map 7135
Conditions of Approval Nos. 29 and 89 respectively; and
WHEREAS, pursuant to Government Code section 664561.1, the Master Vesting Tentative Map for
Dublin Ranch, Area A (Tract 7135), as approved by said Resolution No. 00-36, is not invalidated by the
approval of this Agreement; and
WHEREAS, said Agreement states that the developer shall obtain and maintain liability insurance in
the amount not less than $2,000,000 each for the required improvements for Fallon Road Bridge and Utilities
Crossings improvements on Fallon Road, Signal Hill Drive and Bent Tree Drive, and shall maintain and
repair damage to all improvements constructed;
THEREFORE, BE IT RESOLVED that the City Council approves the Agreement with DR
Acquisitions I, LLP for Long Term Encroachments for Fallon Road, Signal Hill Drive and Bent Tree Drive in
Dublin Ranch Area A.
PASSED, APPROVED AND ADOPTED this 19th day of March, 2002.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
g:develop\dubranch~,
Mayor
RECORDED AT THE REQUEST OF:
First American Title
WHEN RECORDED RETURN TO:
DR Acqnisitlom I, LLC
7077 Koli Center Parkway, Suite 120
Pleasamon, CA 94566
AGREEMENT FOR LONG TERM ENCROACHMENTS
FALLON ROAD
THIS AGREEMENT FOR LONG TERM ENCROACHMENTS CAgreement') is made between the CITY
OF DUBLIN, a municipal corporation, ('City'') and DR ACQUISITIONS I, LLC, a Delaware limited liability
company, (~DRA I').
1. Offer: DRA I recorded an Irrevocable Offer of Dedication for public rights of way over Fallon Road
to the City on ,2002, as Series No. 2002- in the Official Records of the
County of Alameda, State of California.
2. Acceptance: The City accepted the Irrevocable Offer of Dedication as evidenced by the City Clerk's
Statement in the f-real map of Tract 7252 recorded on ,2002, in Book at
Page in the Official Records of the County of Alameda, State of California ("Map of Tract 7252').
3. Golf Course: DRA I is the owner of Parcels C, D, E and G as shown on the Map of Tract 7252 and
intends to develop the parcels as a golf course with rehted amenities. Parcels C, D, E and G as shown on the Map of
Tract 7252 are referred to in this Agreement as the "Golf Course." 'Fallon Road divides the Goff Course. To develop
and operate the Goff Course, DRA I needs the rights, in perpetuity, to construct, install, operate, use, maintain, repair
and replace a bridge over and within a portion of Fallon Road and utilities underneath Fallon Road.
4. Rights to Bridee Area: The City hereby grants the following rights to DRA I:
(a) The exclusive rights of use, possession and enjoyment over, under, through and across the real
property described by "Description No. 1' in Exhibit "A~ attached hereto for the purposes of construction, use,
operation, maintenance, repair and replacement of a support slructure for a bridge to be used by pedestrian and vehicular
traffic; and
(b) The exclusive rights of use, possession and enjoyment over, through and across the real
property described by 'Description No. 2'' in Exl~oit ~A'' attached hereto for the purposes of (i) ingress and egress by
all types of vehicles and pedestriar~q, and (ii) coustmction, use, operation, maintenance, repair and rephcement of a
bridge for pedestrian and vehicular lraffic. DRA I shall also have the right to construct and install related
improvements, which, in the judgment of DRA I, are appropriate to the use and operation of the portion of the golf cart
path system to be constructed therein.
The areas described in Paragraphs 4(a) and 4(b) and all improvements contained therein are collectively referred
to as the 'Bridge Area".
The Bridge Area is for the exclusive use of DRA I, its successors and assigns, and the Golf Course and its
guests, invitees, licensees and members. DRA I shall have the right but not the obligation to physically restrict access
to the Bridge Area in any manner deemed appropriate by DRA I. DRA I also has the right to limit or entirely prohibit
public use of the Bridge Area. Neither the City nor any member of the public .~han'have any right to enter upon or use
the golf cart paih or any portion of the golf cart path systeffi iustalled within tl~ Bridge Area for any purpose without
FAI.U~RoAo
R~'v~r.0~ I
the express approval of DRA I. Notwithstanding the precedin___g sentence, the City may use the Bridge Area t6 provide
emergency services.
5. Rights to Utility Crossines: The City hereby grants the following rights to DRA I:
(a) North Crossing: The non-e~lusive rights of use, possession and enjoyment over, under,
through and across the real property described by ~Descripfion No. 1' in Exhibit ~B' attached hereto for the purposes
of installation, construction, use, operation, maintenance, repair and replacement of irrigation improvements and utility
improvements which serve portions of the Golf Course, including but not limited to potable and non-potable water, gas,
electricity, sanitary sewer, storm drainage, data transmission systems, and satellite, wireless, telephone, cable, fiber
optic and other communication systems; and
(b) South Crossing: The non-exclusive rights of use, possession and enjoyment over, under,
through and across the real property described by ~Description No. 2" in Exhibit "B~' attached hereto for the purposes
of installation, construction, use, operation, muintenance, repair and replacement of irrigation improvements and utility
improvements which serve portions of the Goff Course, including but not limited to potable and non-potable water, gas,
electricity, sanitary sewer, storm drainage, data transmission systems, and satellite, wireless, telephone, cable, fiber
optic and other communication systems.
The areas described in Paragraphs 5(a) and 5Co), above, and all improvements contained therein are collectively referred
to as the "Utility Crossings.~
6. Encroachment Permits: DRA I shall apply to the City for encroachment permits for work to be
performed pursuant to this Agreemem. The City must grant the encwachment permits for all work whose purpose is
to install, maintain, repair or replace existing improvements within the Bridge Area or the o ity Crossings and all
conditions imposed by the City must be consistent with the provisions of this Agreement. If there is a conflict between
any provision of such an encroachment permit and this Agreement, the provisions of this Agreement shall prevail over
the conditions of the encroachment permit.
7. Markers: DRA I shall install and ~naintain markers acceptable to the City which identify clearly
where the Utility Crossings cross Fallon Road.
8. Vertical Clearance: DRA I must maintain sixteen and one-half (16~h) feet vertical clearance over
Fallon Road as measured from the surface of Fallon Road to the lowest point Of the overhead portion of the Bridge.
9. Maintenance and Damaee: DRA I shall maintain and repair all improvements constructed or
installed by DRA I within the Bridge Area and the Utility Crossings at the sole cost and expense of DRA I. DRA I shall
promptly repair all damage caused to public street improvements as a result of the construction, installation, use,
operation, maintenance, repair or replacement of the Bridge Area or the Utility Crossings. If any improvement installed
by DRA I within the Utility Crossings is unintentionally damaged by the City working within the public fight of way,
DRA I will repair the improvement at its sole cost and expense. DRA I shall have the right to pursue actions for
damages agsln~t any person or entity other'than the City who damages improvement installed by DRA I within the
Utility Crossings while working within the public right of way and pursuant to an encroachment permit issued by the City
of Dublin.
10. Removal: If DRA I abandons use of the Bridge Area, DRA I shall remove bridge improvements
acceptable to the Department of Public Works from the Bridge Area at the direction of the Director of Public Works
of the City of Dublin.
11. Relocation: If any future improvement proposed by the City requires the relocation of DRA I's
improvements in the Utility Crossings, DRA I will relocate such improvements at DRA I's sole cost and expense.
However, the City agrees that it avoid implementing proposals in which DRA I's improvements must be relocated unless
there is no other reasonable alternative. If relocation occurs, DRA I and the City will execute a modification to this
Agreement to reflect the new location of the-Utility Crossings.
12. Insurance: DRA I shs11 obtain and maintain in effect a combined single limit policy of liability
insurance in an amount not less than two million dollars ($2,000,000.00) covering DRA I's improvements and gha11 name
the City as an additional named insured.
Ft~LLO~
P~v~:01/30/02 2 01/30/02
13. Indemnification: DRA I shall indemnify, defend and hold the City harmless from and again.qt any
and all loss, claim.q, liability, damage, expeme or cost the City may incur or become liable for or for which a claim i.q
made by a third party, due to or arising out of DRA I's construction, l~naintellance or operation of DRA I's improvements
unless caused by the negligence of the. City, its agents, conu~ctors or employees. This indemnification does not cover
acts of any trespasser who causes property darr~ge or personal injury to other third parties.
14. Permanent, Appurtenant and Transferable: The Bridge Area and the Utility Crossings and the
rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity, are appurtenant to the Golf Course and
all subsequem subdivision(s) thereof and shall automatically pass with title tc the Goff Course.
15. Successors and Assigns: Each reference to "City" in this Agreement shall be deemed to refer to and
include the City and aH successors and assigns of City. All references to "DRA I" ia this Agreement shall be deemed
to refer to and include DRA I and aH successors and assigns of DRA I who hold fee title to the Golf Course.
16. Exhibits: All exhibits attached to this Agreement are incorporated herein as though they were set
forth in full in the body of this Agreement.
Dated this day of
CITY: DRA I:
THE CITY OF DUBLIN,
a municipal eorporation
DR ACQUISITIONS I, LLC,
a Delaware limited liability company
By: By:
Name: SHIH-HSI YEH
Title: Manager
STATE OF CALIFORNIA '~ ss.
COUNTY OF
On , before me, , personally
appeared , 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 s.ame i~. his/her./thek, fiu. thq .fiz. ed. capacity(,ie.s), .and'
that by his/her/their signature(s) on the instrument, the person(s) or the enUty upon ~ena~ or wmcn me person(s) actea,
executed the instrument.
WITNESS my hand and official seal.
Notary Public
FALLON ROAD
Rmnsm:01/30/02 3 01/30/02
TAIWAN )
CITY OF TAIPEI ) ss.
AMERICAN INSTITUTE IN TAIWAN, TAIPEI OFFICE )
On , before me, , personally
appeared , 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
insmunent and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
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.
Notary Public
F~RoAD
R~SED:01/30/02 4 01/30/02
EXHIBITS
A
B
Legal Descriptions No. 1 and 2 for Fallon Road Bridge Supports and Bridge
Legal Descriptions No. I and 2 for Fallon Road Utility Crossings
FALLON ROAD
P,~ns~:01/30/02 5 01/30/02
EXHIBIT ,,A"
PAGE 1 OF 4
DESCRIPTION No. 1
AGREEMENT FOR GOLF COURSE ENCROACHMENT TO DR ACQUISITIONS I, LLC
[FOR FALLON ROAD BRIDGE SUPPORT]
16034-36
2/27/2OO2
F.C.I.
BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN STRIP OF LAND SHOWN AS: 'FALLON
ROAD" AS SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 7252" AS FILED ON THE m DAY OF
,2002 IN BOOK OF MAPS, AT PAGES - , OFFICIAL RECORDS OF ALAMEDA
COLrNTY, CALIFORNIA, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A COMMON CORNER OF "PARCEL 'A'" AND "PARCEL 'I'" OF SAID "TRACT 7252" ON THE
NORTHERLY PROPERTY LINE OF SAID "PARCEL 'I" ALSO BEING THE MOST SOUTHERLY TERMINUS OF AN
EASTERLY PROPERTY LINE OF SAID "PARCEL 'A'" LABELLED AS: "NORTH 4°06'22''~ EAST 98.02 FEET"; THENCE
DEPARTING SAID CORNER TRAVERSING THROUGH SAID "PARCEL 'I", "PARCEL 'D'", AND ENTERING SAID
"FALLON ROAD" RIGHT-OF-WAY SOUTH 18°47'20" EAST 208.93 FEET TO A POINT ON A CURVE TO THE RIGHT
WHOSE RADIUS POINT BEARS SOUTH 80°54'00" EAST THEREFROM SAID POINT AND SAID POINT BEING THE
POINT OF BEGINNING; THENCE CONTINUING TRAVERSING IN SAID "FALLON ROAD" RIGHT-OF-WAY THE
FOLLOWING EIGHT (8) COURSES: (1) ALONG SAID CURVE HAVING A RADIUS OF 26.00 FEET, A CENTRAL ANGLE
OF 13028'05", AND AN ARC LENGTH OF 6.11 FEET TO A POINT OF COMPOUND CURVATURE; THENCE (2) ALONG
SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 6.00 FEET, A CENTRAL ANGLE OF 148024'02", AND AN ARC
LENGTH OF 15.54 FEET TO A POINT OF COMPOUND CURVATURE; THENCE (3) ALONG SAID CURVE [TO THE
RIGHT] HAVING A RADIUS OF 26.00 FEET, A CENTRAL ANGLE OF 13°21'41'', AND AN ARC LENGTH OF 6.06 FEET
TO A POINT OF COMPOUND CURVATURE; THENCE (4) ALONG SAID CURVE [TO THE RIGHT] HAVING A RADIUS
OF 302.25 FEET, A CENTRAL ANGLE OF 3°38'43'', AND AN ARC LENGTH OF 19.23 FEET TO A POINT OF
COMPOUND CURVATURE; THENCE (5) ALONG SAID CURVE [TO THE RIGHT] HAVII'~IG A RADIUS OF 26.00 FEET, A
CENTRAL ANGLE OF 21°02'46', AND AN ARC LENGTH OF 9.55 FEET TO A POINT OF COMPOUND CURVATURE;
THENCE (6) ALONG SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 6.00 FEET, A CENTRAL ANGLE OF
139042'53", AND AN ARC LENGTH OF 14.63 FEET TO A POINT OF COMPOU-ND CURVATURE; THENCE (7) ALONG
SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 26.00 FEET, A CENTRAL ANGLE OF 20°21'51", ANrD AN ARC
LENGTH OF 9.24 FEET TO THE BEGINNING POINT OF A TANGENT LINE; THENCE (8) ALONG SAID TANGENT
LINE NORTH 9°06'00" EAST 18.97 FEET TO TO SAID POINT OF BEGINNING.
THE LOWER ELEVATION OF THE AFORESAID DESCRIBED ENCROACHMENT IS 560.00 FEET, & THE UPPER
ELEVATION OF THE AFORESAID DESCRIBED ENCROACHMENT IS 629.00 FEET, BASED UPON THE VERTICAL
DATUM OF THE IMPROVEMENT PLANS ON FILE IN THE C1TY OF DUBLIN PUBLIC WORKS DEPARTMENT.
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0007-002-17.
~INNG~LLi~NDICs EuI~SvEi~I~oR No. 5859
(EXP. 12/31/2004)
STATE OF CALIFORNIA
P: \ legals \ 16034-20\ golf I.doc
END OF DESCRIPTION No. 1
·
mACKAY&SOaP's
CIVIL ENGINEERINGeLAND PLANNING · LAND SURVEYING
,5142 Franldln Drive Suite B, Pleasanton, CA. 94588-3355
[925] 225-0690
EXHIBIT "A"
PAGE 2 OF 4
16034-36
2/27/2002
F.C.I.
DESCRIPTION No. 2
AGREEMENT FOR GOLF COURSE ENCROACHMENT TO DR ACQUISITIONS I, LLC
[FOR FALLON ROAD BRIDGE]
BEING OVER AND ACROSS A PORTION OF THAT CERTAIN STRIP OF LAND SHOWN AS: "FALLON ROAD" AS
SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 7252" AS FILED ON THE m DAY OF
,2002 IN BOOK OF MAPS, AT PAGES , OFFICIAL RECORDS OF ALAMEDA
COUNTY, CALIFORNIA, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT 'A COMMON CORNER OF "PARCEL 'A" AND "PARCEL 'I'" OF SAID "TRACT 7252" ON THE
NORTHERLY PROPERTY LINE OF SAID "PARCEL 'I'" ALSO BEING THE MOST SOUTHERLY TERMINUS OF AN
EASTERLY PROPERTY LINE OF SAID "PARCEL 'A" AS LABELLED: "NORTH 4°06'22" EAST 98.02 FEET"; THENCE
DEPARTING SAID CORNER TRAVERSING THROUGH SAID "PARCEL ,i,, AND ENTERING "PARCEL 'D'" SOUTH
4056'34" EAST 193.62 FEET TO A POINT ON THE EASTERLY PROPERTY LINE OF SAID "PARCEL 'D" [ALSO BEING A
POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF SAID 'TALLON ROAD"] AND SAID POINT BEING THE POINT OF
BEGINNING; THENCE DEPARTING SAID PROPERTY LINE [ALSO BEING SAID WESTERLY RIGHT-OF-WAY LINE] AND
'ENTERING SAID "FALLON ROAD" PERPENDICULARLY IN AN EASTERLY DIRECTION AS MEASURED FROM SAID
PROPERTY LINE [ALSO BEING SAID WESTERLY RIGHT-OF-WAY LINE] SOUTH 80054'00" EAST 110.00 FEET TO A POINT
ON THE EASTERLY RIGHT-OF-WAY LINE OF SAID "FALLON ROAD"; THENCE ALONG SAID EASTERLY RIGHT-OF-
WAY" LINE PERPENDICULARLY IN A SOUTHERLY DIRECTION SOUTH 9006'00'' WEST 15.00 FEET; THENCE
DEPARTING SAID RIGHT-OF-WAY LINE AND RE-ENTERING SAID "FALLON ROAD" PERPENDICULARLY IN A
WESTERLY DIRECTION NORTH 80054'00" WEST 110.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE
OF SAID "FALLON ROAD"; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY LINE PERPENDICULARLY IN A
NORTHERLY DIRECTION NORTH 9006'00" EAST 15.00 FEET TO SAID POINT OF BEGINNING.
THE LOWER ELEVATION OF THE AFORESAID DESCRIBED ENCROACHMENT IS 629.00 FEET, & THE UPPER
ELEVATION OF THE AFORESAID DESCRIBED ENCROACHMENT IS 649.00 FEET, BASED UPON THE VERTICAL
DATUM OF THE IMPROVEMENT PLANS ON FILE IN THE CITY OF DUBLIN PUBLIC WORKS DEPARTMENT.
OVER AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0007-002-17.
END OF DESCRIPTION No. 2
(EXP. 12/31/2004)
STATE OF CALIFORNIA
l~.\legals\ 16034-20 \ golf I .doc
mA KAY'8 S0mP$
CML ENGINEERING~ LAND PLANNING · LAND SURVEYING
51.42 Franklin Drive Suite B, Pleasanton, CA. 94588-335§
(925} 225-0690
~XHIBIT " A"
PA~ 30P ~
~. _--- SERIES No 99-037504
No 1 "- '~_t,~-----"'"" "~"~ A~
AR~ '¢~'u q,-a~ .,~J'] c~ "xT~CT 7135 ~ 2~9 M. 57-6;
T~CT 7135 ~ ............~~, ~. ~ %.
~'-~...~. ," ~
?~ROEL 'c'
® I ~ ! "- ........ -.
-~""~C'~-' i D.SiR.S.D.' '
~'~' L, : SERIES No.
- .,,
KINGSMILL TERRACE
SIGNAL HILL DRM
.. PARCEL
TRACT
j ,RCEL 'F'
I !
~ I!
j~j' EE EXHIBoI~ 'A
~j~J PAGE 4 4
~~II
,, -
7252
o' aoo' 400' soo'
2-27-2~2 f,..: ~\ ~ 6o34 -20kY252~qdoel.~
PI_~T TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF AN A~REEMENT FOR GOLF COURSE
ENCROACHMENT TO DR ACQUISmONS I, LLC
CITY OF DUBLIN, STATE OF CALIFORNIA
illA )KAY&SOIIIPS
CML ENGINEERINGeLAND PLANNINGoLAND SURVE'flNG
PLEASANTON.. CA. 94588 (925) 225-0690
DATE 2-27-2002 ! JOB NO. 16034-.36
DRAWN BY: F.C.L I DWG.: bridge1
~ PARCEL ,,~, - ~XHIBIT A
' ~U~ '- -
~ .~ ~' KiN~,.._~ ,.
~ ~ ~ , /I/~~ ~ ~o. ~8~/,,//
. ~ ¥..~ · 11~
~ COMMENCEM~ ~ ,
- i~, i,_ __ ~ o~
. o · .
/I
~///~//////~~ ~ ~~~P~E¢ /
~//////////////////~ ~ F~~~~&~' I ~ I
II II . ~ ~'~
~ ; A=2~21'51 N8~O~-;~O~- - -
~ / ~ ~'~' t ~. °~.G;f~;~.,~ ~/.'L~
I . UPPffi ~q29.ffi ~=~G3' '
o' ~o' 20' ~o'
2-27-~ I~ ~1~-2~~
P~T TO ACCOMPANY
DESCRIPTION ~ ~..,.~.,.~.~
BR PURP~B Or ~ ~R~ffi FOR G0~ COUB[ P~0N, ~ 94~ (925) 225-0890
BCROACH~ ~ DR ~QUISBONS I, ~ ~ATE 2-27-2002
EXHIBIT "B"
PAGE 1 OF 6
16034-36
2/27/2002
F.C.I.
DESCRIPTION No. 1
AGREEMENT FOR GOLF COURSE ENCROACHMENT TO DR ACQUISITIONS I, LLC
[NORTH CROSSING FOR IRRIGATION AND GOLF COURSE UTILITY CROSSING OF FALLON ROAD]
BEING OVER, UNDER AND ACROSS A PORTION OF THAT CERTAIN STRIP OF LAND SHOWN AS: "FALLON
ROAD" AS SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 7252" AS FILED ON THE m DAY OF
,2002 IN BOOK __ OF MAPS, AT PAGES - , OFFICIAL RECORDS OF ALAMEDA
COUNTY, CALIFORNIA, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A COMMON CORNER OF "PARCEL 'A'" AND "PARCEL 'H'" OF SAID "TRACT 7252" ON THE
NORTHERLY PROPERTY LINE OF SAID "PARCEL 'A'" ALSO BEING THE MOST NORTHERLY TERMINUS OF AN
EASTERLY PROPERTY LINE OF SAID "PARCEL 'A'" 'LABELLED AS: "NORTH 4°06'22" EAST 98.02 FEET"; THENCE
DEPARTING SAID CORNER ENTERING AND TRAVERSING THROUGH SAID "PARCEL 'H'" AND ENTERING THAT
CERTAIN PARCEL OF LAND DESIGNATED AS: "PARCEL 'C'" OF SAID "TRACT 7252" NORTH 10005'48" EAST 176.28
FEET TO A POINT ON A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS SOUTH 83°20'55" WEST THEREFROM
SAID POINT ALSO BEING ON THE THE EASTERLY PROPERTY LINE OF SAID "PARCE~ 'C'" [ALSO BEING A POINT ON
THE WESTERLY RIGHT-OF-WAY LINE. OF SAID "FALLON ROAD"] AND SAID POI1NTI' BEING THE POINT OF BEGINNING;
THENCE ALONG SAID RIGHT-OF-WAY THE FOLLOWING TWO (2) COURSES: (1) ALONG SAID CURVE HAVING A
RADIUS OF 212.00 FEET, A CENTRAL ANGLE OF 0°18'52', AND AN ARC LENGTH OF 1.16 FEET TO A POINT OF
COMPOUND CURVATURE; THENCE (2) ALONG SAID CURVE [TO THE LEFT] HAVING A RADIUS OF 1351.00 FEET, A
CENTRAL ANGLE OF 0o27'34", AND AN ARC LENGTH OF 10.84 FEET; THENCE DEPARTING FROM SAID RIGHT-OF-
WAY LINE AND ENTERING SAID "FALLON ROAD" RIGHT-OF-WAY NORTH 82°29'14" EAST 110.00 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY 1.2:NE OF SAID "FALLON ROAD" SAID POINT BEING ON A CURVE TO
THE RIGHT WHOSE RADIUS POINT BEARS SOUTH 82034'04" WEST THEREFROM SAID POINT; THENCE ALONG
SAID EASTERLY RIGHT-OF-WAY LINE ALONG SAID CI. YRVE HAVING A RADIUS OF 1461.00 FEET, A CENTRAL
ANGLE OF 0°28'14", AND AN ARC LENGTH OF 12.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND
RE-ENTERING SAID 'FALLON ROAD" SOUTH 82°29'14" WEST 110.0! FEET TO SAID POINT OF BEGINTNING.
CONTAI1VING 1,350 SQUARE FEET, 0.031 ACRES, MORE OR LESS.
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0007-002-17.
END OF DESCRIPTION No. 1
~INGAL i'~ENSED
(EXP. 12/31/2004)
STATE OF CALIFORNIA
P: \legals \ 16034-20\golf2.doc
/At KAY SOmPS
CIVIl ENGINEERINGe LAND PLANNING 0 LAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA. 94588-$355
(925) 22,5-0690
DATE
EXHIBIT "t~'
PA~N ~. 0~' 6
SERIES No. ,99-037504
DESIGNATED REMAINDE~"~"~ ~ ~. ~--~ DESIG~TED REMINDER
AR~ N~ 1 ' ~ _~.~--~-- ': ~"~ AR~ No. ~ ,
T~CT 7135 ~ 2~9 M 57-63 .,-~J ~ ''~TRACT 7135 ~ 259 M. 57-6,
. ~~ ......... ~ ~
...~"~--~..~.. / ~ '-~ "~
KINGSMILL TERRACE
PARCEL
SIGNAL HTT.I. DRIV~
,RCEL 'F'
2-27-20O2 itt
PLAT TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF AN AGREEMENT FOR GOLF COURSE
ENCROACHMENT TO DR ACQUISmONS I, LLC
CITYOF DUBLIN, STATE OF CALIFORNIA
800'
mA KAY&SOBPS
CML ENGINE£RINGeLAND PLANNINGeLAND SURVL-'YING
PLEASN~ON. CA. 94588 (925) 225-0690
DATE 2-27-2002 ~JOB NO. 16054-56
DRAWN BY: F.C.I. I DWG.: sleeve1-1
(
.o. $.: .. \ ~!~j PARCEL 'F..'
'~ ~A~C~.,. 'B~ ~i
T~CT 7252 /~ I______ ~.-____-____
o' 2oo' 400'
EE EXHIBIT 'B
PAGE 5 OF 6
NORTH CROSSING
EXHIBIT " B"
· PAff.~ 30P 6
~ .
~h~Desc. No. 1
~ FUTURE KINGSMILL TERRACE . --,
Desc. AREA No.1= 1,350 S.F., 0.031 AC. , : . _
ACCOM AN
~H~ TO ~ ~ON~ ~, ~ 9ATE 2-27-2002 ~JOB NO. 16054-56
ClW OF DUBklN, STATE OF
EXHIBIT "B"
PAGE 4 OF 6
16034-36
2/27/2002
F.CiI.
DESCRIPTION No. 2
AGREEMENT FOR GOLF COURSE ENCROACHMENT TO DR ACQUISITIONS I, LLC
[SOUTH CROSSING FOR IRRIGATION AND GOLF COURSE UTILITY CROSSING OF FALLON ROAD]
BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN STRIP OF LAND SHOWN AS:
ROAD" AS SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 7252" AS FILED ON THE
"FALLON
DAY OF
,2002 IN BOOK OF MAPS, AT PAGES __ - , OFFICIAL RECORDS OF ALAMEDA
COUNTY, CALIFORNIA, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A COMMON CORNER OF "PARCEL 'A" AND "PARCEL 'B" OF SAID "TRACT 7252" ON THE
NORTHERLY PROPERTY LINE OF SAID "PARCEL 'B'" ALSO BEING THE MOST SOUTHERLY TERMINUS OF AN
EASTERLY PROPERTY LINE OF SAID "PARCEL 'A" AS LABELLED: "NORTH 3°51'10" EAST 98.41 FEET"; THENCE
DEPARTING SAID CORNER AND ENTERING SAID "PARCEL 'B'" SOUTH 35054'00" EAST 42.43 FEET TO A POINT ON
THE EASTERLY PROPERTY LINE OF SAID "PARCEL 'B'" [ALSO BEING A POINT ON THE WESTERLY RIGHT-OF-WAY LINE
OF SAID 'FALLON ROAD"] AND SAID POINT BEING THE POINT OF BEGINNING; THENCE DEPARTING SAID
PROPERTY LINE [ALSO BEING SAID WESTERLY RIGHT-OF-WAY LINE] AND ENTERING SAID "FALLON ROAD"
PERPENDICULARLY IN AN EASTERLY DIRECTION AS MEASURED FROM SAID PROPERTY LINE [ALSO BEING SAID
WESTERLY RIGHT-OF-WAY LINE] SOUTH 80054'00" EAST 110.00 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY
LINE OF SAID "FALLON ROAD"; THENCE ALONG SAID EASTERLY RIGHT-OF-WAY LINE PERPENDICULARLY IN A
SOUTHERLY DIRECTION SOUTH 9006'00" WEST 12.00 FEET; THENCE DEPARTING SAID RIGHT-OF-WAY LINE AND
RE-ENTERING SAID "FALLON ROAD" PERPENDICULARLY IN A WESTERLY DIRECTION NORTH 80054'00" WEST
110.00 FEET TO A POINT ON THE WESTERLY.RIGHT-OF-WAY LINE OF SAID "FALLON ROAD"; THENCE ALONG
SAID WESTERLY RIGHT-OF-WAY LINE PERPENDICULARLY IN A NORTHERLY DIRECTION NORTH 9006'00" EAST
12.00 FEET TO SAID POINT OF BEGINNING.
CONTAINING 1,350 SQUARE FEET, 0.031 ACRES, MORE OR LESS.
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0008-028-3.
END OF DESCRIPTION No. 2
PROFESSIONAL LAND SURVEYOR No. 5859
(EXP. 12/31/2004)
STATE OF CALIFORNIA
mACKAY& SomPs
CIVIL ENGINEERINGeLAND PLANNINGe LAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA. 94588-$355
1925) 225-0690
P:\ legals\ 16034-20 \golf2.doc
DATE
EXHIBIT " B"
PA~ 50P 6
SFRFS No ~-037504
DESIGNATED I~ENIAINDE~"~'"~',,. //'-" ' .----' --. DESIGNATED I~EMAINDE~
.~, ,, , '- ' ~ w _.-----~" "~."-~ Ai~EA No. 2
~.~ ~,, ,~'~ , =~ :~ . .~'~- ~ ~TRACT 7135 ~ 259 B. 57-6~
.~---..~. /' ~ '-~-~
/' '~--~.. ./ ~ -. ·
~OOlO6O783
~ ~.'~ .....
KINGSMILL TERRACE
[GNAL NTT.T, DRIV~
PARCEL
~C£L 'F'
/~i ~-SEE EXHIBIT 'B
~ PAGE 6 OF 6
/ (SOUTH CROSSING]
.'
PARCEL 'g' ·
FUTURE TURNBERRY DRIVE ~
o' 2oo' 400'8oo'
2-27-2002 Icl ~\ ! 6054-20X7252~,.'~.-,.2-1 .dw9
PLAT TO ACCOMPANY
DESCRIPTION
FOR pURPOSES OF AN AGREEMENT FOR GOLF COURSE:
ENCROACHMENT TO DR ACQUISmONS I, LLC
CITY OF DUBLIN, STATE OF CALIFORNIA
illAOKAY & SOllIPS
CML ENGINEERINGeLAND PLANNINGoLAND SURVEYtNG
PLEASANTON, CA. 94588 (925) 225-0690
DATE 2-27-2002 J JOB NO. 160.34-56
DRAWN BY: F.C.I. j DWG.:sleeve2-1
~WXHIBIT "B"
PAQN 60P 6
3esc. AREA No.2= 1,350 S.F., 0.031 AC.
o~o~
o' ~o' 20' ~'
2-27-2002 1c; I~;~ 16054 -20~7252~ieeve2 - 2 .d~g
PLAT TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF AN AGREEMENT FOR GOLF COURSE
ENCROACHMENT TO DR ACQUISmONS I, LLC
CITY OF DUBLIN, STATE OF CALIFORNIA
mA :KAYS SOmPS
CML ENGINEFRINGeLAND PI. ANNINGeLAND SURVEYING
PLEASANTON, CA. 94588 (925) 225-0690
DATE 2-27-2002 I JOB NO. 16034-56
DRAWN BY: F.C.I. I DWG.: sleeve2-2
RECORDED AT-THE REQUEST OF:
First American Title
WHEN RECORDED RETURN TO:
DR Acquisitions I, LLC
71)77 Koll Center Parkway, Suite 120
PleasanWn, CA 94566
AGREEMENT FOR LONG TERM ENCROACHMENTS
SIGNAL roLL DRIVE
THIS AGREEMENT FOR LONG TERM ENCROACHMENTS ("Agreement") is made between the CITY
OF DUBLIN, a municipal corporation, (NCity") and DR ACQUISITIONS I, LLC, a Delaware limited liability
ctm~pany, ("DRA I").
1. Offer:, DRA I made an offer of dedication for public rights of way over Signal Hill Drive m the
City as evidenced by the Owner's Statement in the final map of Tract 7252 recorded on
,2002, in Book . at Page in the Official Re~ords of the County of Alameda, Slate of California (~Map
of Tract 7252").
2. Acceptance: The City accepted the dedication as evidenced by the City Clerk's Statement in the
Map of Tract 7252.
3. Golf Course: DRA I is the owner of Parcels C, D, E and G as shown on the Map of Tract 7252
and intends m develop the parcels as a golf course with related ameniOes. Parcels C, D, E and G as shown on the
Map of Tract 7252 are referred to in this Agreement as the "Golf Course.:' Signal Hill Drive divides the Golf
Course. To develop and operate the Golf Course, DRA I needs the rights, in perpetuity, to construct, install, operate,
use, maintain, repair and replace a surface cart crossing over and within a portion of Signal Hill Drive and utilities
underneath Signal Hill Drive.
4. Rights to Surface Cart Crossing,: The City hereby grants to DRA I the non-exclusive rights of
use, possession and enjoyment over, under, tkrongh and across the real property described in Exhibit "A' attached
hereto for the purposes of construction, installation, operation, use, maintenance, repair and replacement of
pedestrian and golf cart paths and other improvements reasonably related to the use and operation of the golf cart
path system serving the Golf Course including but not limited to (i) directional signs and traffic control devices,
(ii) use and enjoyment of the golf cart paths by Golf Course maintenance vehicles, golf carts, and pedestrians using
the Golf Course, (iii) permanently marking the golf cart paths with curbs, pavement striping, reflective markers,
speed bumps, cross walks, signs, and other markings deemed appropriate by DRA I, (iv) installing pavers or other
decorative paving in lieu of asphalt or concrete and (iv) maintaining, repairing and replacing ali hnprovements
installed by DRA I. The area described in this Paragraph 4 and all improvements contained therein are collectively
referred to as the "Surface Crossing".
The rights granted herein are for the non-exclusive use of DRA I, its successors and assigns, and the Golf
Course and its guests, invitees, licensees and members. Except for the portion of the golf cart path system situated
within Signal Hill Drive, neither the City nor any member of the public shall'have any right to enter upon or use the
golf cart path or any portion of the golf cart path system serving the Golf Course for any purpose without the express
approval of DRA I. The fact that members of the public will incidentally traverse a portion of the golf cart path
system simply by crossing or using the public street shaH. not be interpreted t.o give the City or any member of the
public any rights to use any other portion~ of the golf cart path system located outside the real property described
in Paragraph 4, above, for any purpose without the express approval of DRA I.
S}~;~A~. I I~LL DRvm
RI~VI.glZD: 01130102
5. Rights to Utility Crossings: The City hereby grants the following rights to DRA I:
(a) Irrigation and Utility Crossing; The non-exclusive rights of use, possession and enjoyment
over, under, through and across the real property described by "Description No. 1' in Exhibit "B' attached hereto
for the purposes of installation, construction, use, operation, maintenance, repair and replacement of irrigation
improvements and utility improvements which serve portions of the Golf Course, including but not limited to potable
and non-potable water, gas, electricity, sanitary sewer, storm drainage, data transmission systems, and satellite,
wireless, telephone, cable, fiber optic and other communication systems; and
(b) Storm Drain Crossing:. The non-exclusive rights of use, possession and enjoyment over,
under, through and across the real property described by "Description No. 2' in Exhibit "B" attached hereto for the
purposes of installation, construction, use, operation, maintenance, repair and replacement of storm drainage
improvements which serve portions of the Golf Course.
The areas described in Paragraphs 5(a) and 5(1)), above, and ail improvements contained therein are collectively
referred to as the "Utility Crossings.'
6. Encroachment Permits: DRA I shall apply to the City for encroachment permits for work m be
performed pursuant to this Agreement. The City must grant the encroachment permits for all work whose purpose
is m install, maintain, repair or replace existing improvements within the Surface Crossing or the Utility Crossings
and all conditions imposed by the City must be consistent with the provisions of this Agreement. If there is a conflict
between any provision of such an encroachment permit and this Agreement, the provisions of this Agreement shall
prevail over the conditions of the encroachment permit.
7. Markers: DRA I shall install and maintain markers acceptable to the City which identify clearly
where the Utility Crossings cross Signal Hill Drive.
8. Maintenance and Damage: DRA I shall maintain and repair ail improvements constructed or
installed by DRA I within the Surface Crossing and the Utility Crossings at the sole cost and expense of DRA I.
DRA I shall promptly repair all damage caused to public strest improvements as a result of the construction,
installation, use, operation, maintenance, repair or replacement of the Surface Crossing or the Utility Crossings.
Il' any improvement installed by DRA I within the Utility Crossings is unintentionally damaged by the City working
within thc public right of way, DRA I will repair the improvement at its sole cost and expense. DRA I shall have
the right to pursue actions for damages against any person or entity other than the City who damages improx~ement
installed by DRA I within the Utility Crossings while working within the public right of way and pursuant to an
encroachment permit issued by the City of Dublin.
9. Removal: If DRA I abandons use of the Surface Crossing, DRA I shall remove crossing
improvements acceptable to the Department of Public Works from the Surface Crossing at the direction ~of
Director of Public Works of the City of Dublin.
I0. Relocation: If any future improvement proposed by the Ci_ty requires the relocation of DRA l's
improvements in the Utility Crossings, DRA I will relocate such improvements at DRA I's sole cost and expense.
However, the City agrees that it avoid implementing proposals in which DRA I's improvemems must be relocated
unless there is no other reasonable alternative. If relocation occurs, DRA I and the City will execute a modification
to this Agreement to reflect the new location of the Utility Crossings.
11. Insurance: DRA I shall obtain and maintain in effect a combined single limit policy of liability
insurance in an amount not less than two million dollars ($2,000,000.00) cove/'ing DRA I's improvements and shall
name the City as an additional named insured.
12. Indemnification: DRA I shall indemnify, defend and hold the City harmless from and against any
and all loss, claims, liability, damage, expense or cost the City may incur or become liable for or for which a claim
is made by a third party, due to or arising out of DRA I's construction, maintenance or operation of DRA l's
SI{INAI. J JILl. 10RVn~
R~VLS~O: 01/30/02 2 02/05/02
improvements unless caused by the negligence of the City, its agents, contractors or employees. This indemnification
does not cover acts of any trespasser who causes property damage or personal injury to other third parties.
13. Permanent, Al~lmrte~ant and Transferable: The Surface Crossing and the Utility Crossings and
the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity, are appurtenant to the Golf
Course and all subsequent subdivision(s) thereof and shall automatically pass with title to the Golf Course.
14. Successors and Assi_mas: Each reference to "City" in this Agreement shall be deemed to refer to
and include the City and all successors and assigns of City. All references to "DRA I" in this Agreement shall be
deemed to refer to and include DRA I and all successors and assigns of DRA I who hold fee title to the Golf Course.
15. Exhibits_: All exhibits attaebed to this Agreement are incorporated herein as though they were set
forth in full in the body of this Agreement.
Dated this day of
CITY:
THE CITY OF DUBLIN,
a municipal corporation
DP.A I:
. DR ACQUISITIONS I, LLC,
a Delaware limited liability company
By: By:
SHIH-HSI YEH
Name: Manager
Title:
STATE OF CALIFORNIA
COUNTY OF
ss.
~_, personally
On .... before me, , persona~ly known to
appeared
me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s). . is/are subscribed. . .t°
the within instrument and acknowledge.d to me.~at h.e./sh.e/theY
capacity(les), and that by his/her/their s~gnaturel, s) on me instrument,
which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
Sl<;NAI, ]-ilLI. DRVIE 02/05/02
RI!VISIiD; {} 1/30102 3
TAIWAN )
CITY OF TAIPEI ) ss.
AMERICAN INSTITUTE IN TAIWAN, TAIPEI OFFICE
On , before me, , personally
appeared ., 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 be/she/they executed the same~ in .h. is/her/their aut?r!z.e.d
capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or the entity upon behalf or wmcn
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Notary Public
RI.VI,gED: 01130102 4- 02/05/02
EXHIBIT "A"
PAGE 1 OF 3
16034-36
2/27/2002
F.C.I.
DESCRIPTION
AGREEMENT FOR GOLF COURSE ENCROACHMENT TO DR ACQUISITIONS I, LLC
[FOR GOLF CART STREET CROSSING OF SIGNAL HILL DRIVE]
BEING OVER AND ACROSS A PORTION OF THAT CERTAIN STRIP OF LAND SHOWN AS: "SIGNAL HILL DRIVE" AS
SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 7252' AS FILED ON THE va DAY OF
,2002 IN BOOK OF MAPS, AT PAGES - , OFFICIAL RECORDS OF ALAMEDA
COUNTY, CALIFORNIA, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A COMMON CORNER OF "PARCEL 'A" AND "PARCEL 'H'" OF SAID "TRACT 7252" ON THE
NORTHERLY PROPERTY LINE OF SAID "PARCEL 'A'" ALSO BEING THE MOST NORTHERLY TERMINUS OF AN
EASTERLY PROPERTY LINE OF SAID "PARCEL 'A'" LABELLED AS: "NORTH 4006'22" EAST 98.02 FEET"; THENCE
DEPARTING SAID CORNER ENTERING AND TRAVERSING THROUGH "FALLON ROAD" AND ENTERING ".SIGNAL
HILL DRIVE" AS SHOWN UPON SAID "TRACT 7252" SOUTH 69049'32'' EAST 459.37 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID "SIGNAL HILL DRIVE" [ALSO BEING A POINT ON A NORTHERLY
PROPERTY LINE OF "PARCEL 'E" OF SAID "TRACT 7252"] AND SAID POINT BEING THE POINT OF BEGINNING;
THENCE DEPARTING FROM SAID RIGHT-OF-WAY LINE AND ENTER11XIG SAID "SIGNAL HILL DRIVE" NORTH
25030'34" EAST 94.01 FEET TO A POINT ON A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS SOUTH
24056'44" WEST THEREFROM SAID POINT AND SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY
LINE OF "SIGNAL HILL DRIVE" AS SHOWN UPON SAID "TRACT 7252" [ALSO BEING A POINT ON A SOUTHERLY
PROPERTY LINE OF SAID "PARCEL 'E'"]; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE ALONG SAID
CURVE HAVING A RADIUS OF 615.00 FEET, A CENTRAL ANGLE OF 1°07'05", AND AN ARC LENGTH OF 12.00 FEET;
THENCE DEPARTING FROM SAID RIGHT-OF-WAY LINE AND RE-ENTERING SAID "SIGNAL HILL DRIVE" RIGHT-
OF-WAY SOUTH 25o30'34" WEST 94.01 FEET TO A POINT ON A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
SOUTH 26009'49" WEST THEREFROM SAID POINT AND SAID POINT ALSO BEING ON THE AFORESAID
SOUTHERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE [ALSO BEING ALONG
THE NORTHERLY PROPERTY LINES OF "PARCEL 'G" AND "PARCEL 'E" OF SAID "TRACT 7252"] ALONG SAID CURVE
HAVING A RADIUS OF 521.00 FEET, A CENTRAL ANGLE OF 1°19'11'', AND AN ARC LENGTH OF 12.00 FEET TO SAID
POINT OF BEGINNING.
CONTAINING 1,128 SQUARE FEET, 0.026 ACRES, MORE OR LESS.
OVER AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0007-002-17.
END OF DESCRIPTION
PROFESSIONAL LAND SURVEYOR No. 5859
(EXP. 12/31/2004)
STATE OF CALIFORNIA
P: \legals\ 16034-20\gol fcar t.doc
IllACKAY& SomPs
CIVIL ENGINEERINGO LAND PLANNING O LAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355
(925) 225-0690
DATE
~,XHIBI?
ERIES No. 99-037504
DESIGNATED REI'viAINDE~'~"~ /"-- ..- ....~_.....- DESIGNATED REIvIAINDER
./ ------.._.., / ~ "x5 2'-,, '
/ ' ...../ ~ '~ '-",~,. -..~ _
~ ~'~' L, , SERIES No ;
~ '"' 6,,.,"~ I ~%olo~o7~ ..
K/NGSMILL TERRACE
SIGNAL HI~.L DRIVE
'F'
EXHIBIT 'A
3 OF 3
>/~/ PAGE
O' 200' 400'
800'
2'27-2002 lc; ~\16034 -20~7252~g~t¢ort 1.4.;
PLAT TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF AN AGREEMENT FOR GOLF COURSE
ENCROACHMENT TO DR ACQUISmONS I, LLC
CITYOF DUBLIN, STATE OF CALIFORNIA
IllAelCAY&SOmps
CML ENGINEERINGeLAND PLANNINGeLAND SURVEYING
PLEASANTON. CA. 94588 (925) 225-0690
DATE 2-27'2002 ' I JOB NO. 16054-36
DRAWN BY: F.C.I. I DWG.: golfcortt
~XHIBIT '° A"
PA~E 3 OF 8
//,~-'~~,~.~\ ,,~ -~. --. ._ . ~
I/~ /~1/I -~(~ ~~. ~ ~ . ~/ ~
~_ _,.,~_ / ~ ..~~~
AREA = 1 128 8.F 0.026 AC. 0' 10' 20'
P~T TO ACCOMPANY
FOR PURP~ O~ ~ A~R~ ~OR ~ OO~E ~~, ~ ~4588 (~) ~5-o~o
~OR~H~ TO DR AOQUISmONS I. ~0 DATE 2-27-~002 J~OB NO. ~0~4-~
EXHIBIT "B"
PAGE 1 OF 6
DESCRIPTION No. 1
AGREEMENT FOR GOLF COURSE ENCROACHMENT TO DR ACQUISITIONS.I, LLC
[FOR IRRIGATION AND GOLF COURSE UTILITY CROSSING OF SIGNAL HILL DRIVE]
BEING OVER, UNDER AND ACROSS A PORTION OF THAT CERTAIN STRIP OF LAND SHOWN AS:
DRIVE" AS SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 7252" AS FILED ON THE
16034-36
2/27/2002
F.C.I.
"SIGNAL HILL
T, DAY OF
,2002 IN BOOK OF MAPS, AT PAGES __ - , OFFICIAL RECORDS OF ALAMEDA
COUNTY, CALIFORNIA, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A COMMON CORNER OF "PARCEL 'A'" AND "PARCEL 'H" OF SAID "TRACT 7252" ON THE
NORTHERLY PROPERTY LINE OF SAID "PARCEL 'A'" ALSO BEING THE MOST NORTHERLY TERMINUS OF AN
EASTERLY PROPERTY LINE OF SAID "PARCEL 'A" LABELLED AS: "NORTH 4o06'22" EAST 98.02 FEET"; THENCE
DEPARTING SAID CORNER ENTERING AND TRAVERSING THROUGH "FALLON ROAD" AND ENTERING "SIGNAL
HILL DRIVE" AS SHOWN UPON SAID "TRACT 7252" SOUTH 61°05'19'' EAST 224.71 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID "SIGNAL HILL DRIVE" [ALSO BEING A POINT ON A NORTHERLY
PROPERTY LINE OF "PARCEL 'E'" OF SAID "TRACT 7252'] AND SAID POINT BEING THE POINT OF BEGINNING;
THENCE DEPARTING FROM SAID RIGHT-OF-WAY LINE AND ENTERING SAID "SIGNAL HILL DRIVE" NORTH
0o42'28" EAST 94.08 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF "SIGNAL HILL DRIVE" AS
SHOWN UPON SAID "TRACT 7252" [ALSO BEING A POINT ON A SOUTHERLY PROPERTY LINE OF SAID "PARCEL 'E'"];
THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 86°56'41" EAST 15.01 FEET; THENCE DEPARTING
FROM SAID RIGHT-OF-WAY LINE AND RE-ENTERING SAID "SIGNAL HILL DRIVE' RIGHT-OF-WAY SOUTH 0o42'28"
WEST 94.08 FEET TO A POINT ON AFORESAID SOUTHERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE NORTH 86°56'41" WEST 15.01 FEET TO SAID POINT OF BEGINNING.
CONTAINING 1,411 SQUARE FEET, 0.032 ACRES, MORE OR LESS.
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0007-002-17.
END OF DESCRIPTION No. I
PROFESSIONAL LAND SURVEYOR No. 5859
(EXP. 12/31/2004)
STATE OF CALIFORNIA
lllAI KAY SOIIIPS
CML ENGINEERING~LAND PLANNINGe LAND SURVEYING
5142 Franklin Drive Sulle B, Pleasanton, CA. 94588-3355
(925) 225-0690
P:\legals\ 16034-20\golfS.doc
DATE
?ARCEL 'C~ x
EXHIBI? "~"
PA~.~ ;20P 6
~. .-.- SERIES No 99-037504
DESIGNATED RE,~INDER ~ / ~' DESIG~TED REMINDER
"%TRACT71 259M.57-83
T~CT
'-
~ o~ , ~.s~.s.~. ',
~ k.. , SERIES No.
,~.x__ ..... I 2001060788x
KINGSMILL TERRACE
SIGNAL HILL DRIVI!
I
PARCEL
PARCEL 'F'
~ !,~!: ' · E EXHIBIT
'B'I
~ ~j~/ PAGE 3 OF 6
L_I . ·
~ ,/_~/~/ PARCEL 'E'
'~ / FUTURE TURNBERRY DRWE
!
o' 200' 400'800'
No. 58 ,~ ~, ,,
OF
TPu-,-~CT 7252 /,~
2-27-2002 fc~P:\ 160,T4 - 20¥}'252~sleev~3-1 .dgg
PLAT TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF AN AGREEMENT FOR GOLF COURSE
ENCROACHMENT TO DR ACQUISmONS I, LLC
CITYOF DUBLIN, STATE OF CALIFORNIA
lllAOKAY&SOBPS
CML ENGINEERINGoLAND PLANNINGoLAND SURVEYING
PLEASANTON, CA. 94588 (925) 225-0690
DATE 2-27-2002 I JOB NO. 16054-.36
DRAWN BY: F.C.I. I DWG.: sleeve.t- 1
EXHIBIT
PAG.~ 3 OF 6
PARCEL
TRACT 7252
N86"56'41'W
15.01'
%~. · OF
;OMMENCEMENT
Z
No. 1
~ SIGNAL
ItILL DI?IV~
Desc. AREA No. 1= 1,411
15.01'
w PARCEL 'E
POINT OF TRACT 7252
BEGINNING '" ~' ' '-"
Desc. No. 1
/ T~cT
S.F., 0.032 AC.
o' lo' 20' 4o'
2-27-2002 iCi I:h.\ 16054-20~ 7252~lleeve5 - 2.dig
PL~T TO ACCOMPANY
DESCRIPTION No. 1
FOR PURPOSES OF AN AGREEMENT FOR GOLF COURSE
ENCROACHMENT TO DR ACQUISmONS !, LLC
CITY OF DUBLIN, STATE OF CALIFORNIA
IllAeKAY&SellIPS
CML ENGINEERINGeLAND PLANNINGeLAND SURVEYING
PLEASANTON, CA. 94588 (925) 225-0690
DATE 2-27-2002 J JOB NO. 160.34-56
DRAWN BY: F.C.I. J DWG.: sleeve3-2
EXHIBIT "B' 16034-36
PAGE 4 OF 6 2/27/2002
F.C.I.
DESCRIPTION No. 2
AGREEMENT FOR GOLF COURSE ENCROACHMENT TO DR ACQUISITIONS I, LLC
[FOR PRIVATE STORM DRAIN CROSSING OF SIGNAL HILL DRIVE]
BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN STRIP OF LAND SHOWN ASi "SIGNAL HILL
DRIVE' AS SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 7252" AS FILED ON THE -~ DAY OF
,2002 IN BOOK OF MAPS, AT PAGES __ - __, OFFICIAL RECORDS OF ALAMEDA
COUNTY, CALIFORNIA, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT. A .COMMON CORNER OF "PARCEL 'A'" AND "PARCEL 'H" OF SAID "TRACT 7252" ON THE
NORTHERLY PROPERTY LINE OF SAID "PARCEL 'A'" ALSO BEING THE MOST NORTHERLY TERMINUS OF AN
EASTERLY PROPERTY LINE OF SAID "PARCEL 'A'' LABELLED' AS: "NORTH 4o06'22'' EAST 98.02 FEET"; THENCE
DEPARTING SAID CORNER ENTERING AND TRAVERSING THROUGH "FALLON ROAD" AND ENTERING "SIGNAL
HILL DRIVE" AS SHOWN UPON SAID "TRACT 7252" SOUTH 63°11'21" EAST 243.28 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY LINE OF SAID "SIGNAL HILL DRIVE" [ALSO BEING A POINT ON A 'NORTHERLY
PROPERTY LINE OF "PARCEL 'E'" OF SAID "TRACT 7252"] AND SAID POINT BEING THE POINT OF BEGINNING;
THENCE DEPARTING FROM SAID RIGHT-OF-WAY LINE AND ENTERING SAID "SIGNAL HILL DRIVE" NORTH
23°47'20" EAST 100.37 FEET TO A POINT ON A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS SOUTH
4°13'34" WEST THEREFROM SAID POINT AND SAID POINT ALSO BEING ON THE NORTHERLY RIGHT-OF-WAY
LINE OF "SIGNAL HILL DRIVE" AS SHOWN UPON SAID "TRACT 7252" [ALSO BEING A POINT ON A SOUTHERLY
PROPERTY LINE OF SAID "PARCEL 'E"q; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE ALONG SAID
CURVE HAVING A RADIUS OF 615.00 FEET, A CENTRAL ANGLE OF 0°59'09'', AND AN ARC LENGTH OF 10.58 FEET;
THENCE DEPARTING FROM SAID RIGHT-OF-WAY LINE AND RE-ENTERING SAID "SIGNAL HILL DRIVE" RIGHT-
OF-WAY SOUTH 23o47'20" WEST 100.04 FEET TO A POINT ON AFORESAID SOUTHERLY RIGHT-OF-WAY LINE;
THENCE ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE NORTH 86°56'41' WEST 10.69 FEET TO SAID POINT OF
BEGINNING.
CONTAINING 1,002 SQUARE FEET, 0.023 ACRES, MORE OR LESS.
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0007-002-17.
END OF DESCRIPTION No. 2
PROFESSIONAL LAND SURVEYOR No. 5859
(EXP. 12/31/2004)
STATE OF CALIFORNIA
IIIAI KAY SOIIlPS
CML ENGINEERINGe[AND PLANNINGeLAND SURVEYING
5142 FrankJin Drive Suite B, Ple~santon, CA. 94588-3355
(925} 225-0690
P:\legals \ 160~4-20\gol f3.doc
PARCEL
KINGSMILL TERRACE
No. 58:
SIGNAL HIT.T, DRIVI~
T~CT
PARCEL
~C£L 'F'
EXHIBIT 'B
!~
-~/,~/ PAGE 6 OF 6
,C\ \~I,/ PARCEL E
,,,:, .
PARCEL ''~B~ JIll FUTURE TURNBERRY DRI~
7~5~ /~ !___ ~. -
o' 2oo' 400' soo'
2-27-_~__9_ fc~ ~\ 160~4-20~7252~psd~ 1.dwQ
PLAT TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF AN AGREEMENT FOR GOLF COURSE
ENCROACHMENT TO DR ACQUISmONS I, LLC
CITY OF DUBLIN, STATE OF CALIFORNIA
CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING
PLEASANTON, CA. 94588 (925) 225-0690
DATE 2-27-2002 I JOB NO. 16054-36
DRAWN BY: F.CJ. ~ DWG.: psdel
~XHIBIT " :~)"
PA~R 60P 6
PARCEL 'E'
TRACT 7252
Desc. AREA No.
NT OF
ENCEMENT
No. 2
POINT
BEGINNING
Des¢. No. 2
2 = 1,002 S.F., 0.023 AC.
.69'
~'w PARCEL 'E'
TRACT 7252
M -
'G'
TRACT 7252
o' lO' 20'
2-27-2002 fo; P:\ ~ 60..~ -20~7252~p~l~2.dwg
PL~T TO ACCOMPANY
DESCRIPTION No. 2
FOR PURPOSES OF AN AGREEMENT FOR GOLF COURSE
ENCROACHMENT TO DR ACQUISmONS I, U.C
CiTY OF DUBLIN, STATE OF CALIFORNIA
., IllAeKAY&SOmPS
CML ENGINEERINGeLAND PLANNINGeLAND SURVEYING
PI. EASANTON, CA. 94588 (925) 225-0690
DATE 2-27-2002 I JOB NO. 16034-56
DRAWN BY: F.C.I. I DWG.: psde2
i
RECORDED AT THE REQUEST OF:
First American Title
WHEN RECORDED RETURN TO:
DR Acquisitions I, LLC
7077 Koll Center Parkway, Suite 120
Pleasanton, CA 94566
AGREEMENT FOR LONG TERM ENCROACHMENTS
BENT TREE DRIVE
THIS AGREEMENT FOR LONG TERM ENCROACHMENTS ("Agreement") is made between the CITY
OF DUBLIN, a municipal corporation, ("City") and DR ACQUISITIONS I, LLC, a Delaware limited liability
company, ("DRA I").
I. Offer: DRA I made an offer of dedication for public rights of way over Bent Tree Drive to thc
City in the final subdivision map of Tract 7135 recorded on on August 8, 2001, in Book 259 of Maps at Pages 57
through 63, inclusive, in the Offic'ml Records of the County of Alameda, State of California ("Map of Tract 7135").
2. Acceptance: The City accepted the offer of dedication as evidenced by the City Clerk's Statement
in the Map of Tract 7135.
3. Golf Course: DRA I is the owner of Parcels C, D, E and G as shown on the final map of Tract
7252 recorded on *"- in Book ** at Page ** in the Official Records of the County of Alameda, State of California
("Map of Tract 7252~) and intends to develop the parcels as a golf course with related amenitieS. Parcels C, D, E
and G as shown on the Map of Tract 7252 are referred to in this Agreement as the "Golf Course." Bent Tree Drive
divides a portion of the Golf Course. To develop and operate the Golf Course, DRA I needs the rights, in perpetuity,
to construct, install, operate, use, maintain, repair and replace utilities underneath Bent Tree Drive.
4. Rights to Utility Crossings: The City hereby grants the'following rights to DRA I:
(a) Irrigation and Utility.Crossing: The non-exclusive rights of use, possession and enjoyment
over, under, through and across the real property described by "Description No. 1" in Exhibit *'A" attached hereto
tbr the purposes of insta]lation, construction, use, operation, maintenance, repair and replacement of irrigation
improvements and utility improvements which serve portions of the Golf Course, including but not limited to potable
and non-potable water, gas, electricity, sanitary sewer, storm drainage, data transmission systems, and satellite,
wireless, telephone, cable, fiber optic and other communication systems; and
(b) Storm Drain Crossing: The non-exclusive rights of use, possession and enjoyment over,
under, through and across the real property descried by "Description No. 2~ in Exhibit 'A" attached hereto tbr
the purposes of instaI1ation, construction, use, operation, maintenance, repair and replacement of storm draiuage
improvements which serve portions of the Golf Course.
The areas described in Paragraphs ~,(a) and 4(b), above, and all improvements contained therein are collectively
referred to as the "Utility Crossings."
5. Encroachment Permits: DRA I shall apply to the City for encroachment permits for work to be
performed pursuant to this Agreement. The City must grant the encroachment permits for ali work whose purpose
is to install, maintain, repair or replace existing improvements within the Utility Crossings and all conditions imposed
by the City must be ~onsistent with the provisions of this Agreement. If there is a conflict between any provision
of such an encroachment permit and this Agreement, the' provisions of this Agreement shall prevail over the
conditions of the encroachment permit.
6. Markers~: DRA I shall install and maintain markers acceptable to the City which identity clearly
where the Utility Crossings cross Bent Tree Drive." ..
7. Maintenance and Damns,e: DR~.'I shall maintain and repair all improvements constructed or
installed by DRA I within the Utility Crossings at th0'sol~ ex)st and expense of DRA I. DRA I shall promptly repair
all damage caused to public street improvements as a 'result of the construction, installation, use, operation,
maintenance, repair or replacement of the Utility C~ssings. If any improvement installed by DRA I within the
Utility Crossings is unintentionally damaged by the City' WOrking within the public right of way, DRA I will repair
the improvement at its sole cost and expense. DRA'I .shal~ liave the right to pursue actions for damages against any
person or entity other than the City who damages impr°vement installed by DRA I within the Utility Crossings while
working within the public right of way and pursuant.to aa encroachment permit issued by the City of Dublin.
8. Relocation: If any future improveme~t.pr6posed by the city requires the relocation of DRA I's
improvements in the Utility Crossings, DRA I will:relocate.: such improvements at DRA I's sole cost and expense.
However, the City agrees that it avoid implementingpro[~osals in which DRA I's improvements must be relocated
unless there is no other reasonable alternative,. If reIoeatioh'.oeeurs, DRA I and the City will execute a modification
to this Agreement to reflect the new location Of the Utili'ty .Crossings.
9. Insurance: DRA I shall obtain axld maintain in effect a combined single limit policy of liability
insurance in an amount not less than two million dollars .($2~000,000.00)_ covering DRA I's improvements and shall
nmne the City as an additional named insured.
10. Indemnification: DRA I shall indemnify, 'defend and hold the City harmless from and against any
and all loss, claims, liability, damage, expense or cost the"City may incur or become liable for or for which a claim
is made by a third party, due to or arising out ofi~)RA' I's construction, maintenance or operation of DRA I's
improvements unless caused by the negligence of the City,.:its agents, contractors or employees. This indenmification
does not cover acts of any trespasser who eanses p~0perty 'dan~ge or personal injury to other third parties.
11. Pe ~r~nanent, Appurtenant and Ti~ansf~rablei The Utility Crossings and the rights appurtenant
thereto as set forth in this Agreement shall exist in P~rpetUtty, are appurtenant to the Golf Course and all subsequent
subdivision(s) thereof and shall automatically pass'with rifle to the Golf Course.
12. Successors and Assi~,ns: Each r~f~rence.to ?'City' in this Agreement shall be deemed to refer to
and include the City and all successors and aJsign,¢ ~f. Ci~:.. ~ references to "DRA I" in this Agreement shall'be
deemed to refer to and include DRA I and all successors and'assigns of DRA I -who hold fee title to the Golf Course.
13. Exhibits: Ail exhibits attached tO this Agreement are incorporated herein as though they were set
forth in full in the body of this Agreement. :
Dated this day of
CITY:
DRA I:
THE CITY OF DUBLIN,
a municipal corporation
DR ACQUISITIONS I, LLC,
a Delaware limited liability company
By:
Name:
Title:
'- By:
SHIH-HSI YEH
Manager
BENT HILL DRIVB .- ..
RffWSlaD: 01/30/02 2" 02/05/02
STATE OF CALIFORNIA '~ Ss,
COUNTY OF :
before re~, , personally
On , .: . , · ' . Versona,ly known to
dVP?red ...... on the basis of satisfactorY evidenc~)'t° be.the personCs) whoso n_~m.c(~)..i' s/~e subsc~r,!_b?__to~
ina/or proves to l~t~ .......... -. ,..,_d.J...,. ..... ~.,,~,,A ,~,o same in nislner/meir aumor~z~u
the within instrument and aclmOWleageo to me tam u~t~a~tta~S ~.A,. .......
capacity(les), and that by his/her/their signature(s) 0n.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.
Notai'Y Public
TAIWAN )
CITY OF TAIPEI -) ss.
AMERICAN INSTITUTE IN TAIWAN, TAIPF--I"OFFICE )
, personally
,, before me, : _, personally tcaown to me
aOp~eared ........ _~i~_~ ~d'/~_ the nersonisl whose name(s) is/are subscribed to the.
(or proved to me on me basis ct satmmetory evme~ .~:
eanacitv(ies~, and that by his/ncr/then' s~gnature~s) on me
[h~ pe~t~n(~ acted, executed the instrument.' .'. : i: '
WITNESS my hand and official seal.' :
Nota~ Public
BI~qT HILL DRIVE
REVtS£D: 01/30102
': 02/05/02
EXltIBITS
A
Legal Descriptions No. I and 2. fo/"Bent Tree Drive Utility Crossings
02/05/02
BENT HILL DRIVE
.4
REvista): 01/30t02
EXHIBIT 'A"
PAGE 1 OF 6
DESCRIPTION No. 1
AGREEMENT FOR GOLF COURSE ENCROACHMENT TO DR ACQUISITIONS I, LLC
[FOR IRRIGATION AND GOLF COURSE UTILITY CROSSING OF BENT TREE DRIVE]
16034-36
12/10/2001
F.C.I.
BEING OVER, UNDER AND ACROSS A PORTION OF THAT CERTAIN STRIP OF LAND SHOWN AS: "BENT TREE
DRIVE" AS SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 7135" AS FILED ON THE 10TM DAY OF
AUGUST, 2001 IN BOOK 259 OF MAPS, AT PAGES 57 - 63, OFFICIAL RECORDS OF ALAMEDA COUNTY,
CALIFORNIA, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF "PARCEL 'A'~' OF SAID "TRACT 7135" AND SAID POINT
BEING ON A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS SOUTH 57°45'18' WEST THEREFROM SAID
POINT; THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID "BENT TREE DRIVE" [ALSO BEING
A NORTHEASTERLY PROPERTY LINE OF "PARCEL 'E'" OF "TRACT 7252" AS FILED ON THE m DAY OF ,2001
IN BOOK __ OF MAPS, AT PAGES , OFFICIAL RECORDS OF ALAMEDA COUNTY, CALIFORNIA] ALONG SAID
CURVE HAVING A RADIUS OF 814.00 FEET, A CENTRAL ANGLE OF 2°55'18", AND AN ARC LENGTH OF 41.51 FEET
TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE
[ALSO BEING A NORTHEASTERLY PROPERTY LINE OF "PARCEL 'E'" OF SAID "TRACT 7252"] ALONG SAID CURVE [TO THE
LEFT] HAVING A RADIUS OF 814.00 FEET, A CENTRAL ANGLE OF 1°03'23% AND AN ARC LENGTH OF 15.01 FEET;
THENCE DEPARTING FROM SAID SOUTHWESTERLY RIGHT-OF-WAY LINE AND ENTERING SAID "BENT TREE
DRIVE" NORTH 56019'23" EAST 72.07 FEET TO A POINT ON A CURVE TO THE RIGHT WHOSE RADIUS POINT
BEARS SOUTH 53°59'02' WEST THEREFROM SAID POINT AND SAID POINT BEING ON THE NORTHEASTERLY
RIGHT-OF-WAY LINE OF "BENT TREE DRIVE" AS SHOWN UPON SAID "TRACT 7135' [ALSO BEING A POINT ON A
SOUTHWESTERLY PROPERTY LINE OF SAID "PARCEL 'E'"]; THENCE ALONG SAID NORTHEASTERLY RIGHT-OF-WAY
LINE ALONG SAID CURVE HAVING A RADIUS OF 886.00 FEET, A CENTRAL ANGLE OF 0°58'14'', AND AN ARC
LENGTH OF 15.01 FEET; THENCE DEPARTING FROM SAID RIGHT-OF-WAY LINE AND RE-ENTERING SAID "BENT
TREE DRIVE" RIGHT-OF-WAY SOUTH 56°19'23'' WEST 72.02 FEET TO SAID POINT OF BEGINNING.
CONTAINING' 1,080 SQUARE FEET, 0.025 ACRES, MORE OR LESS.
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0008-028-1.
END OF DESCRIPTION No. 1
FReD C. INGA~/I~, LICENSED
PROFESSIONAL LAND SURVEYOR No. 5859
(EXP. 12/31/2004)
STATE OF CALIFORNIA
lllM:KAY& SOBPS
CML ENGINEERING' LAND PLANNING' LAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA, 94588-3355
1925] 225-0690
p:\legals\ 16034-20\gol f4.d~c
-'/DATE
EXHIBIT "A"
PA~£ 20P ~
· " PARCEL
i TRACT 7252 ,,.,
/"SEE EXHIBIT 'A'
i .PAGE 3 Of 6
'E'
-TRACT 7141
201 M. 1-4
\
35\
5'
7142
201 M. 5-1C
'--TRACT 0960
242 M. 85-95
RESULTANT REMAINDER No. 4
LOT LINE ADJUSTMENT
No. ' L-99-19'
SERIES No. 2000-106747
r2-10-2~1 f~ ~\ 1 ~-2~71~\~eeve I.~
PLAT TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF AN AGREEMENT FOR GOLF COURSE
ENCROACHMENT TO DR ACQUISITIONS I, LLC
CI~ OF DUBLIN. STATE OF ~LIFORNIA
o' 200' 400' 800'
IllAOKAY&SOmPS
CML ENGINEERINGeLAND PLANNING®LAND SURVEYING
PLEASANTON. CA. 94588 (925) 225-0690
DATE 12-10-2001 I JOB NO, 16034-56
DRAWN BY: ABDUL./F.C.I. I DWG.: sleeve1
EXHIBIT "A"
PACE. $OP 6
PARCEL 'E'
TRACT 7252
-"" ""'F PARCEL
POtNt u - -
BEGiNNiNGTRAct
L=' 5.01'
259 Iv]. 57-63
DESC. No. 1 ~ ~
A, SA:, ,oso s.~., o.oes ~~m~.~. ~~7/ o' ,o' 20' ~o'
P L A T T 0 A E E O MP AN Y ~ somps
DESCRZPT~ON
C~L ENGINEERINGo~D P~NINOe~ SU~ING
FOE PURPOSES OF AN AGEEEMENT FOR GOLF COURSE P~ON. ~ 94588 (925) 223-0690
ENCROACHMENT TO DR ACQUISITI'ONS I, LLC DATE 12-10-2001 ~JOB NO. 16054-56
CI~ OF DUBLIN. ' STA~E OF C~IFORNIA D~WN ~: ~ ~DWG.: sleeve2
EXHIBIT 'A"
PAGE 4 OF 6
16034-36
12/10/2001
F.C.I.
DESCRIPTION No. 2
AGREEMENT FOR GOLF COURSE ENCROACHMENT TO DR ACQUISITIONS I, LLC
[FOR PRIVATE STORM DRAIN CROSSING OF BENT TREE DRIVE]
BEING OVER, UNDER AND ACROSS A PORTION OF THAT CERTAIN STRIP OF LAND SHOWN AS: "BENT TREE
DRIVE" AS SHOWN UPON THAT CERTAIN FINAL MAP ENTITLED: "TRACT 7135' AS FILED ON THE 10TM DAY OF
AUGUST, 2001 IN BOOK 259 OF MAPS, AT PAGES 57 - 63, OFFICIAL RECORDS OF ALAMEDA COUNTY,
CALIFORNIA, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF "PARCEL 'A'" OF SAID "TRACT 7135" AND SAID POINT
BEING ON A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS SOUTH 57°45'18' WEST THEREFROM SAID
POINT; THENCE ALONG THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF SAID "BENT TREE DRIVE" [ALSO BEING
A NORTHEASTERLY PROPERTY LINE OF "PARCEL 'E'" OF SAID "TRACT 7252" AS FILED ON THE m DAY OF
, 2001 IN BOOK OF MAPS, AT PAGES , OFFICIAL RECORDS OF ALAMEDA COUNTY,
CALIFORNIA] ALONG SAID CURVE HAVING A RADIUS OF 814.00 FEET, A CENTRAL ANGLE OF 0°18'13', AND AN
ARC LENGTH OF 4.31 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID
SOUTHWESTERLY RIGHT-OF-WAY LINE [ALSO BEING A NORTHEASTERLY PROPERTY LINE OF "PARCEL "E'" OF SAID
"TRACT 7252"] ALONG SAID CURVE [TO THE LEFT] HAVING A RADIUS OF 814.00 FEET, A CENTRAL ANGLE OF
0°42'14'', AND AN ARC LENGTH OF 10.00 FEET; THENCE DEPARTING FROM SAID SOUTHWESTERLY RIGHT-OF-
WAY LINE AND ENTERING SAID "BENT TREE DRIVE" NORTH 56°31'41" EAST 72.00 FEET TO A POINT ON A
CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS SOUTH 56°43'47'' WEST THEREFROM SAID POINT AND
SAID POINT BEING ON THE NORTHEASTERLY RIGHT-OF-WAY LINE OF "BENT TREE DRIVE" AS SHOWN UPON
SAID "TRACT 7135" [ALSO BEING A POINT ON A SOUTHWESTERLY PROPERTY LINE OF SAID "PARCEL 'E"]; THENCE
ALONG SAID NORTHEASTERLY RIGHT-OF-WAY LINE ALONG SAID CURVE HAVING A RADIUS OF 886.00 FEET, A
CENTRAL ANGLE OF 0°38'48'', AND AN ARC LENGTH OF 10.00 FEET; THENCE DEPARTING FROM SAID RIGHT-OF-
WAY LINE AND RE-ENTERING SAID "BENT TREE DRIVE" RIGHT-OF-WAY SOUTH 56°31'41" WEST 72.01 FEET TO
SAID POINT OF BEGINNING.
CONTAINING 720 SQUARE FEET, 0.017 ACRES, MORE OR LESS.
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-0008-028-1.
END OF DESCRIPTION No. 2
PROFESSIONAL LAND SURVEYOR No. 5859
(EXP. 12/31/2004)
STATE OF CALIFORNIA
P: \legals \ 16034-20\ golf4.doc
mAQKAY& SomPs
CML ENGINEERING* LAND PLANNING e LAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355
(925} 225-0690
,/ DATE
EXHIBIT "A"
PAGE $ OF 6
· ' T.P,.ACT 7252
/SEE EXHIBIT
i PAGE 6 OF
PARCEL
'A'
6
261 M.
\
35\
1-4
Ma
· 261
7142
M. 5-10
242
12-31-E004
.No. 5859'
6960
85-95
RESULTANT REIvlAINDER No. 4
LOT LINE ADJUSTMENT
No. · L-.gg-1 g'
SERIES No. 2000-10674'7
o' 200' 400'
800'
12-10-2~1 f~ ~\ 160..x4- 2~? 1 ~\l~d~ 1.d~
PLAT TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF AN AGREEMENT FOR GOLF COURSE
ENCROACHMENT TO DR ACQUISITIONS I, LLC
CI~ OF DUBLIN, STATE OF CALIFORN~
mAf:KAYILSOmPS
CML ENGINEERINGeLANO PLANNINOeLAND SURVEYING
PLEASANTON, CA. 94588 (925) 225-0690
DATE 12-10-2001
DRAWN BY: ABDUL.i/F.C.I.
IJOB NO. 160.34-36
DWG.: psde 1
EXHIBIT "A"_
PA~R 60P 6
PARCEL
TRACT 7252
R=886'
A=OO'~'4g'
t=lO.O0'
-%.
L= 10.00'
POINT C
BEGINNING
DESC. No. 2
PARCEL
TRACT 7252
AREA = 720 S.F. , 0.017 AC,
POINT OF'
COMMENCEMENT
DESC. No. 2
~ lc; P.~ t ~ -20~? 1 ~psde2-o~9 ·
PLAT TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF AN AGREEMENT FOR GOLF COURSE
ENCROACHMENT TO DR ACQUISITIONS I, LLC
CI~ OF DUBLIN, STATE OF C~IFORNIA
mA KAY&SOmPS
CML ENGINEERINGoLAND PLANNINGoLAND SURVEYING
PLEASANTON. CA. 9458B (925) 225-0690
DATE 12-10-2001 IJOB
NO.
16034-56
DRAWN BY: ABDUL.(/F.C.k ~DWG.: psde2