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HomeMy WebLinkAboutItem 4.05 Fallon Village Annex CITY CLERK File # D[3]~[Q]-[ZJ[ll] AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 6,2007 SUBJECT: Annexation of Fallon Village (Tract 7586) to the Dublin Ranch Street Lighting Maintenance Assessment District No. 99-1 Report Prepared by: Mark Lander, City Engineer ATTACHMENTS: Resolution Ordering the Annexation of Fallon Village (Tract 7586) to Dublin Ranch Street Lighting Maintenance Assessment District No. 99-1, together with Exhibit "A," Petition, which includes: . Exhibit "A" to the Petition: Boundary Map Exhibit "B" to the Petition: Property Descriptions RECOMMENDATION: ~ Adopt the re~olution ordering annexation' of Fallon Village (Tract 7586) to the Dublin Ranch Street Lighting Maintenance Assessment District No. 99-1. ~13 FINANCIAL STATEMENT: The Engineer's Report for Fiscal Year 2007-2008 provides for an assessment of $37.72 per lot. The maximum assessment allowed by Assessment District 99-1 for 2006 is $42.81 per lot. This amount is adjusted annually for inflation. DESCRIPTION: The Dublin Ranch Street Lighting Maintenance Assessment District No. 99-1 (the "District") funds the electric energy, maintenance, and repair costs associated with the decorative street lighting within Dublin Ranch. This assessment district was formed in 1999 at'the request, of the developers of Dublin Ranch Phase 1. When the District was created, it was intended that as additional land within Dublin Ranch and Eastern Dublin developed, the new territory would be annexed to the District and would be subject to the assessment. The City annexed to the District the Clifden Parc (Tract 7067) development in 2000, Dublin Ranch Areas A and G in 2001, and Dublin Ranch Areas B, C, F, and H in 2005. The property owners of Fallon Village (Tract 7586) have submittedpetitions requesting and consenting to the annexation of this Tract to the District. These petitions waive the resolutions, reports, notices of COPY TO: Jeff Lawrence, Braddock and Logan Page 10f2 ITEM NO. 'f. 6 G:\DEVELOPMENT, PRIV A TE\Fallon Village (EDPO)\LLAD\agst LLAD annex fallon village. doc C) public hearing, and the right of majority protest otherwise required by the Landscaping and Lighting Act of 1972 for annexation to the District. A list of the property owners and respective property descriptions is contained in Exhibits "A" and "B" of the Petition (Exhibit "A" of the Resolution). Staff recommends that the City Council adopt the resolution ordering annexation of Fallon Village (Tract 7586) to the Dublin Ranch Street Lighting Maintenance Assessment District No. 99-1. Page 2 of2 l1J ,~ RESOLUTION NO. - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********************** A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ORDERING THE ANNEXATION OF FALLON VILLAGE (TRACT 7586) TO THE DUBLIN RANCH STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 99-1 WHEREAS, at therequest of the developers of Phase 1 of the Dublin Ranch development, the City formed the Dublin Ranch Street Lighting Maintenance Assessment District No. 99-1 ("the District") in 1999; and WHEREAS, the District funds the electric energy, maintenance, and repair costs associated with the decorative street lighting within the Dublin Ranch development; and WHEREAS, when the District was created, it was intended that as additional land within Dublin Ranch and Eastern Dublin developed, it would be annexed to the District and the new territory would be subj ect to the assessment; and WHEREAS, accordingly, in 2001, t,he City annexed Dublin Ranch Areas A and G to the District, and in 2005, annexed Dublin Ranch Areas B, C, F, and H to the District, which became subject to the assessment; and WHEREAS, in 2007, the property owners of Fallon Village (Tract 7586) have submitted a petition requesting and consenting to the annexation of the Properties described in Exhibits A and B to the Petition; and WHEREAS, the property owners' petition waived the resolutions, reports, notices of public hearing, and the right of majority protest otherwise required by the Landscaping and Lighting Act of 1972 for annexation to the District; , NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Dublin hereby confirms the annexation of the land described on the attached Exhibits A and B of the Petition to the Dublin Ranch Street Lighting Maintenance Assessment District No. 99-1. The Assessment Diagram for the District shall be amended accordingly. BE IT FURTHER RESOLVED THAT the territory annexed hereby shall be subject to the assessment set forth in the Engineer's Report prepared for the District's Fiscal Year 2007-2008 annual assessment. In no event shall the annual per-lot assessment exceed the maximum amount authorized by the Fiscal Year 2006-2007 Engineer's Report for the District. 1 , I-ID-07 If-: ~ A-++~ tritLY\ +- d1J\3 PASSED, APPROVED AND ADOPTED this 6th day of November, 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk G:\DEVELOPMENT, PRIV A TE\Fallon Village (EDPO)\LLAD\Reso Annexation Light Maint Dist DR Tract 7586, Fallon Village. DOC 2 31J \3 LANDOWNER PETITION & CONSENTTO ANNEXATION TO CITY OF DUBLIN LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT 99-1' (DUBLIN RANCH STREET LIGHT MAINTENANCE ASSESSMENT DISTRICT) (Pursuant to the Landscaping and Lighting Act of 1972) 1) The undersigned are the owners of the lands ("the Property") shown in Exhibit A and Exhibit B attached hereto and made a part hereof. 2) The undersigned hereby requests and consents to the annexation of the Property to the existing Dublin Ranch Street Light Maintenance Assessment District formed pursuant to the Landscaping and Lighting Act of 1972 (Sections 22500 and following, California Streets and Highways Code) for the purpose of providing the following improvements: The maintenance, operation; repair and replacement of all public street lighting facilities within public streets and within public easements within private streets as further described in the Engineer's Report for City of Dublin Landscape Maintenance Assessment Districti99-1 ("the District"). 3) The undersigned hereby understand that: a. The cost and expenses of the annual servicing, operation and/or maintenance will be charged to the land which benefits therefrom, including our land. b. An engineer's report will be prepared for the project which will contain a description of the services proposed to be financed through the levy of assessments, a cost estimate for the services to be provided, a description of each lot or parcel of property proposed to be subject to the landscaping and lighting assessment, the amount of the proposed assessment for each lot or parcel, and the basis and schedule of the assessment. C. The cost of the engineering, legal, and other incidental fees and expense will be included in the project cost to be shown in the above report. d. Each property owner will pay an annual assessment for the servicing, operation and/or maintenance of the public improvements referenced herein, the same to be set annually by the City Council by resolution or ordinance. e.. The cost of the annual servicing, operation and maintenance of said public improvements, together with the incidental expenses of said proceedings, will be assessed upon the district benefited thereby, the exterior boundaries of which are described as th~ exterior . boundaries of the composite and consolidated area of al! parcels of property more particularly shown on a map attached as Exhibit A. EmB1T A- To the Resolution 4UZJ '3 4) The undersigned hereby waive the resolutions, report, notices of public hearing, and the right of majority protest otherwise required by the Landscaping and Lighting Act of 1972 for annexation to the District. 5)' In the event of the termination of these proceedings after the proceedings have been instituted but prior to completion, the undersigned will reimburse the City for any sums incurred or advanced by City up to said time for any costs incurred in the conduct of said proceedings including, without limitation., costs for engineering, legal or other services, or pay said items directly to the parties furnishing the same. LANDOWNER Dublin RE investors, LLC . By: Braddock and Logan Services, Inc., a California corporation Its: nager DESCRIPTION OF PROPERTY As shown on attached Exhibit B B _. /. '9:. --.;,iL"-)"...),,,...~ """- ~{~/_-- r "B~:X::)(..~.~ ~I ~tw.:r..::.) INL. Dated: 3/30/C:>( . Assessor Parcel No: 905-0002-003, 985-0028-004, 985-0028-005, 985-0028-006, 985-0028-007 5~G EXHIBIT A , PROPERTIES 10 BE ANNEXED TO THE DUBLIN RANCH STREET LIGHTING MAINTENANCE DISTRICT NO. 99-1 EXHIBIT A -to -the T>d; t/OI1. (Pro 13 . .. T. 2 S.,: R. 1 E. M DIS M I 22 : 23 ---1--- 27 : 26 ACACIA PARTNERS : I SERIES No. 2005-037868 -:..J I ' : APN 985-0028-001 r- POB - - -- - - - J_ ;:.:;,; -- - - ~ -- c -~~~;J NB9::~~~16~;5' 76' ,; m --"~ :~:~~s~~~~ ~~~: m r m_ "'__'. BK,298 PM P 14-17 .ni0' PARCEL 'D' ~ . . ,,:y MUEHLHAUSER D.S'.-R~S-,-D>: . '*'~t>." PM 9208 ~: SERIES No. 2002-097480 ".../__mnm_.... BK292 M PG16-17 :WI APN 905-0003-012 PARCEL B 313.91:1: AC. :.; No, LLA 07-01 ,: eol *NOTE: BEARINGS AND DISTANCES WITH 1.1' v I SERIES No. \ PARCEL A OZOI AN ASTERISK(*) FOR THE NW 1/4 OF ',_ 2007-200946 v LLA No.07-01 SECTION 35 WERE TAKEN FROM \/-""---", .... \, SERIES No. 2007-200946 RECORD OF SURVEY NO. 1675* , I ,I'--.............. 14.66:i: AC.: : I r ~ 27 ~26___*N880_43_'2_8"W 2.&4_0~61'* __ : _____ DUB L IN .: \ (VARC:L 'B'r ~ I I ,C'l /"~ 34. 35 POB PARCEL 2 I RANCH \ \\t5" : I \ \ '. rt. I \ DUBLIN INVESTORS, LLC I _I , W 1 ;.r, I ::. SERIES No. 2003-108250 -*' I t; I "W 1 t I ~ ~ ROS NO. 1675 ~ co "<t /1,....,,; /-,cn; ,,/-- \ L-, ~I~ BK25 R.O.S. PG31-32 ~,.[Q88 (' /r----' -...JI ~ : ~ " ~ APN 905-0002-003 ~I ~ I ~ \/j \ \ :w :w 159.54:i: AC. _wi ~ 8 8 \ , \ L____.CC O'l r- ~ N I \ ~-s:> ("oJ ,If) " v1v ;nl~ 00 l PARCEL 'C' ~ I;: LDI U z Cl) -, \ 010 NW1/4SECTION35 oOI<(,nz ~, , \ 0 0 TIE 0 U t'J 0.... " Z ~ . 2 S. R., z <( 52 <( '> I M.D.B. a. M. *' ~ ~ I : _ _ ..llillio~t5LtL2..22.1.illL.._ ---L- _ ~o.i3':'19"W 2.&11~__--1_____ I FIRST AMERICAN TITLE . I CROAK I GUARANTEE CO. I SERIES No, 79-229985 SERIES No. 1998-388140: APN 905-0002-002 APN 985-0027-006 : APN 905-0002-002-01 APN 985-0027-007 : I I NOTE: BEARINGS AND DISTANCES WITHOUT AN ASTERISK( *) WERE TAKEN FROM RECORD OF SURVEY NO. 1005 ACACIA PARTNERS SERIES No. 2005-037868 APN 905-0003-014-03 LEGEND: 0' I 500"1000' 2000' ~ - - - - BOUNDARY UNE - - - - - - n - - - EXISTING LOT UNE POB POINT OF BEGINNING EXHIBIT "A" PLAT TO ACCOMPANY ANNEXATION TO DUBUN RANCH' STREET UGHT MAINTENANCE ASSESSMENT DISTRICT 99-1 PAGE 6 OF 8 mACICAYl,Slmps CITY OF DUBLIN COUNTY OF ALAMEDA CALIFORNIA CIVIL ENGINEERINGeLAND PLANNING eLAND SURVEYING Pleosonton. CA (925) - 225-0690 DRAWN DATE SCALE JOB NO. SKK OCTOBER 2007 1 =1000' 19149-10 P;\ 19149\lel/ols\LLD-City\EXHIBIT-A-Cily-LLD99-1rev,dwl/ 7/17/2007 10;Jl;5J /W. PDT ,- - - - - - - - - - -" /----------------------.. , " ~/ N39021'56"W(R) -"" ' ~-.~ -----------......~'- N52039'14"W 39.69' R=291.02' 0=49058.40"-............" ' L=253.85' I i N71020'52" E 82.06' N00"39'24"E 140.60'--1 : 1 N10"51'46"W 96.03' t! . ~l.' N1403S'.'3",~ 134.2~'",-\ \rN50042'23"W 48.01' N21 32 _13_~_8_8~~0 ~Jr\N71006'39"W 99.04' \ ~----- , ...../., PM 9208 \/~ N21023'28"E 200.71'~ \...... BK 292 M PG 16-17 N37018'42"E 6S.35' I ",,-I / ......,'-_ 313.91:t: AC. N16041'10"E S1AO'~- .' -----., .N02018'30"E 81.36' I I " N17050'10"E 64.19' IT" " N00"19'22"W 106.46'';-----j \ PARCEL'S' /""" Nl7"41'12"W 147.19'L.-\ \ ') - N00"44'30"W 120.91'~--- \ ~. . I ....... }-----j /" "- Nl2"41'3S"W 30.86'~ \ . I ", N20"43'33"W 90.89'-+------\ . PARCEL A ' N07019'39"W 250,02'~ \ \. LLA No. 07-01 N10"41'11"W 268.63't----J, '",- SERIES No. 2007-200946 N70051'23"W 49.05' ~ \ \ / 14.66:t: AC. R=42.00' 0=59026'40" -~ ~ '. / L=43.S8' I~ ' , / / ___...r""', N49041'S7'E 122.85' ~/ ~ _1 " .'_ / /// ( PARCEL 'e' ./ 1J58052'28"E 119,88' I N28007'47"E 284.00' ~ ,n ___/ L../:.. ;' \ ~ .....,', N69008'47 E 31.73' " NS3002'Sl"E 19S.61'~ i N90"00'OO"E 58A7' ( ", \/ : N75022'09"W 45,89' \ ~' I \ ~ \ ' PARCEL 'A' \ !'J~2"]~~~'~EJ~L/ / R=120.00'" \ \ 0= 19007'43 \ R=886.00' 0=32031'05" --' "\ L=40.06' R=150,OO' D=54001'09" ( L=502.85' ~'.. L=141A2' \ . N89051'24"E(R1' -- N28039'03"W 58.51' \ N90"OO'OO"W189.85'-.::.:::.:.r ~ / R=1100.00' D=~019'52" \ N700S2'17'W 6.55' yX~ L=102.3S " R=80.00' D= 11047'55" N30035'37"W 33.48' L=16A1' N03049'18"E 159.00' N66040'SO" E(R) 92.39' N22056'58"W 83.13' N03058'13"W 101.75' N3304S'20"W 128.91' N10"41'42"W 61.76' N89051'S2"W 2651.00' ---------------------- / PARCELB No. LLA07-0.1 SERIES No. 2007-200945 ---- -, , , , , , , , ~--\ DUBLIN RANCH ~ O' I 500. SCALE: 1" =500' (r1fJ 13 1000' I LEGEND: - - - - BOUNDARY UNE - - -- - - - -- - - EXISTING LOT UNES PAGE 7 OF 8 mAClCAll somps EXHIBIT "A" PLAT TO ACCOMPANY ANNEXATION TO DUBLIN RANCH STREET LIGHT MAINTENANCE ASSESSMENT DISTRICT 99-1 - CllY OF DUBLIN CIVIL ENGINEERING-LAND PLANNING-LAND SURVEYING Pleosonton. CA (925) ~ 225-0690 DRAWN SCALE JOB NO. SKK ," -500' 19149-10 COUNlY OF ALAMEDA CALIFORNIA P:\ 19149\leqals\LLD-Cay\EXHIBIT-A-City-LLD99-1rev.dwg 7/17/2007 10:31:53 AM PDT .. 13~13 PARCEL MAP 292 PM 15 POB PARCEL 3 -P, TRACT 7142 'd ~ 'iT. 251 M 5 /& <J~ <:5'. o'iTo .(\ <J. ~ .? .~ ~ ~6'0 ~. ~. 'iT~ 'V. 0" -P. ~ ~. ~ <' ~ <J~ ~~ 0.. ~ ''..>: ~, ~. ?..>o /. <' 6'..> <?.? "'9.: .-'1 9.: 'iT6". ~ /. -P. (:? v~ (:?~ (- ? ''-&. ~.. <J. 00 h /. '6J- v..> ~ 0. A. 0 . -p. /. 00>0 V, "!{J; (~~~ ~ <::J '?9'~ $6''' ~0- /~ (5'. " 0>. ~ d '\;90 <' ~. ..9 .... <J. A. <90 'iT",S/ ~~. '6'..>. " ~ '/(5; /.., A/. <,' S ~_ ""6'0 Va u. ~o ~ "~';c?s.''({;( "/6',<S'~"'Eb.~~'~ ~ a-. '\. .?%.. (~,~.~.!? / "~61" f' {,>,~ \ I , " ~,~ -(~ 'B> ,~"(1l1 \ I , " ,(5'0 /'.., ~ '~ o. '<" I I " '-P6'. '~o..' . /. O. ',, , " '-PJ""(/;\ 6'. /-- R=466' " .,#,() <.~ , . .1=37053'24" \~~/ <'. ' .L=308.17' \~4-~\7b~'~N60"15'10"E 39.80' \ v2.~}r;''j9, R=28' .1=85049'59" L=41,95' \ ~ '~~.. I'" N64025'll"C"(R\ \ ",... I \ - - - - - - - -'-I. -J- '0 I , _N~Z05J ~3J'~E.(B~ \ \ I 95.06' I N890S1 'S2"W I I "" r P/ If! oryl If(] rv I'-<J ~I I' I A.,A~ f 0;;; I~ .Q,; 1<:' !fl. II FIRST AMERICAN TITLE ~!' GUARAN-rEE co. .Q; . SERIES No, 1998-388140 APN 985-0027-006 APN 985-0027-007 I - I $1 ~I , ~ LEGEND: POB POINT OF BEGINNING BOUNDARY LINE EXISTING RIGHT-OF-WAY. O' .' 100' 200' 400' SCALE: 1" =200' EXHIBIT" A" PLAT TO ACCOMPANY ANNEXATION TO DUBLIN RANCH STREET LIGHT MAINTENANCE ASSESSMENT DISTRICT 99-1 PAGE 8 OFB mACICAY,lSamps CITY OF DUBLIN COUNTY OF ALAMEDA CALIFORNIA CIVIL ENGINEERING-LAND PLANNING_LAND SURVEYING Pleosonton, CA (925) - 225-0690 DRAWN SCAlE JOB NO. SKK 1"=200' 19149-10 IQ-I'-1tID7 10:C:Ila00l0 51_ Kala P:\1914V\I.Ec.t5\LlD-O'h\UHOT-A-Of'Y-UD9'l-ISHEU 8.0IiC q~/3 19149-10 10/16/2007 MW Page 1 of 8 EXHIBIT B PROPERTY DESCRIPTION .ALL THAT CERTAIN REAL PROPERTY SITUATED IN CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING ALL OF THE NORTHWEST QUARTER OF SECTION 35 AS DESCRIBED IN SERIES No, 2003-108250, ALAMEDA COUNTY RECORDS, AS WELL AS A PORTION OF THE SOUTH HALF OF SECTION 27, A PORTION OF THE NORTH HALF OF SECTION 34, TOWNSHIP 2 SOUTH, RANGE 1 EAST, MOUNT DIABLO BASE AND MERIDIAN, AND THE IRREVOCABLE OFI:ER'S OF DEDICATION AS DESCRIBED IN SERIES 2007-249584 AND 2007- 257007 ALONG WITH A PORTION OF THE IRREVOCABLE OFFER OF DEDICATION AS DESCRIBED IN SERIES 2007168692, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 1 BEGINNING AT THE COMMON QUARTER CORNER OF SECTIONS 26 AND 27 AS SHOWN ON PARCEL MAP 9208, RECORDED IN BOOK 292 OF MAPS PAGES 16-17, ALAMEDA COUNTY RECORDS; THENCE ALONG THE SECTION LINE COMMON TO SECTIONS 26 AND 27, SAID SECTION LINE ALSO BEING THE WESTERLY LINE OF THE MUEHLHAUSER TRUST, SERIES No, 2002-097480, ALAMEDA COUNTY RECORDS, SOUTH 00048'41" WEST 2,642.65 FEET, TO THE COMMON SECTION CORNER OF SECTIONS 26, 27, 34, AND 35; THENCE ALONG THE SECTION LINE COMMON TO SECTIONS 34 AND 35, SAID SECTION LINE BEING ALSO THE WESTERLY LINE OF DUBLIN INVESTORS, LLC., SERIES No. 2003-108250, ALAMEDA COUNTY RECORDS, SOUTH 00044'28" WEST 2,635.93 FEET, TO THE COMMON QUARTER CORNER OF SECTIONS 34 AND 35; THENCE ALONG THE EAST-WEST QUARTER SECTION LINE ENTERING SECTION 34, SAID EAST-WEST QUARTER SECTION LINE BEING ALSO THE NORTHERLY LINE OF FIRST AMERICAN TITLE GUARANTEE CO., SERIES No, 1998-388140, ALAMEDA COUNTY RECORDS, NORTH 89051'52" WEST2,651.00 FEET; THf:NCE LEAVING SAID EAST-WEST QUARTER SECTION LINE ALONG THE WESTERLY LINES OF PARCEL "A" OF SAID PARCEL MAP 9208, THE FOLLOWING SIX (6) COURSES: 1) NORTH 33045'20" WEST 128,91 FEET; 2) NORTH 22056'58" WEST 83.13 FEET; 3) NORTH 10041'42" WEST 61.76 FEET; 4) NORTH 03058'13" WEST 101.75 FEET; 5) NORTH 03049'18" EAST 159.00 FEET; AND 6) NORTH 30035'37" WEST 33.48 FEET; THENCE LEAVING SAID WESTERLY LINE OF PARCEL "A" ALONG THE WESTERLY LINE OF PARCEL "A", PER LLA No. 07-01 SERIES No. 2007-200946, ALAMEDA COUNTY RECORDS THE FOLLOWING THIRTY-NINE (39) COURSES: 1) SOUTH 66040'50" WEST 92.39 FEET TO A NON-TANGENT CURVE; . P:\19l49\legals\LLD-Ci\y\LEGA L-OVERA LI.-L L.09l .doc EXHIBIT 13. to i::Iu:: Pd ;t,' 0 n.. IO.~13 19149-10 10/16/2007 MW Page 2 of 8 2) ALONG SAID NON-TANGENT CURVE TO THE LEFT, HAVING A RADIAL BEARING OF NORTH 66040'50" EAST, A RADIUS OF 1,]00.00 FEET, CENTRAL ANGLE OF 05019'52", FOR AN ARC DISTANCE OF 102.35 FEET; 3) NORTH 28039'03" WEST 58.57 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 4) ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 80.00 FEET, A CENTRAL ANGLE OF ]1047'55", FOR AN ARC DISTANCE OF ]6.47 FEET TO THE BEGINNING OF A REVERSE CURVE; 5) ALONG SAID REVERSE CURVE HAVING A RADIUS OF ]50.00 FEET, A CENTRAL ANGLE OF 5400] '09", FOR AN ARC DISTANCE OF ] 41.42 FEET; 6) NORTH 70052'] 7" WEST 6.55 FEET TO THE BEGINNING OF A CURVE TO THE LEFT; 7) ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 120.00 FEET, THROUGH A CENTRAL ANGLE OF 19007'43", FOR AN ARC DISTANCE OF 40.06 FEET; 8) NORTH 90000'00" WEST 189.85 FEET TO A NON-TANGENT CURVE TO THE LEFT: 9) ALONG SAID NON-TANGENT CURVE TO THE LEFT, HAVING A RADIAL BEARING OF NORTH 89057'24" EAST, A RADIUS OF 886.00 FEET, A CENTRAL ANGLE OF 32031'05", FOR AN ARC DISTANCE OF 502,85 FEET; 10) NORTH 53002'51" EAST 195.67 FEET; 11) NORTH 28007'47" EAST 284.00 FEET; ]2) NORTH 49041'57" EAST 122.85 FEET, TO THE BEGINNING OF A CURVE TO THE RIGHT, 13) ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 42.00 FEET, A CENTRAL ANGLE OF 59026'40", FORAN ARC DISTANCE OF 43,58 FEET; 14) SOUTH 70051'23" EAST 49.05 FEET; 15) SOUTH 75022'09" EAST 45.89 FEET; ]6) NORTH 90000'00" EAST 58.47 FEET; 17) NORTH 69008'47" EAST 31.73 FEET; 18) NORTH 58052'28" EAST 1] 9.88 FEET; 19) NORTH 10047'11" WEST 268.63 FEET; 20) NORTH 07019'39" WEST 250.02 FEET; 21) NORTH 20043'33" WEST 90,89 FEET; 22) NORTH ]204]'35" WEST 30.86 FEET; 23) NORTH 00044'30" WEST 120.97 FEET; . P:1191491IegalsILLD-CityILEGAL-OVERALL-LLD91.doc 1l0Z> J? 19149-10 10/16/2007 MW Page 3 of8 24) NORTH 17041'12" WEST 147,19 FEET; 25) NORTH 00019'22" WEST 106.46 FEET; 26) NORTH 17050'10" EAST 64.19 FEET; 27) NORTH 02018'30" EAST 81.36 FEET; 28) NORTH 16041'10" EAST 51.40 FEET; 29) NORTH 37018'42" EAST 65.35 FEET; 30) NORTH 21023'28" EAST 200.71 FEET; 31) NORTH 71006'39" WEST 99,04 FEET; 32) NORTH 50042'23" WEST 48.07 FEET; 33) NORTH 2F32'10" WEST 88.40 FEET; 34) NORTH 14025'13" WEST 134.28 FEET; 35) NORTH 10057'46" WEST 96.03 FEET; 36) NORTH 00039'24" EAST 140.60 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; 37) ALONG SAID CURV~ TO THE RIGHT HAVING A RADIUS OF 291.02 FEET, A CENTRAL ANGLE OF 49058'40", FOR AN ARC DISTANCE OF 253.85 FEET; 38) NORTH 71020'52" EAST 82,06 FEET; AND 39) SOUTH 52039'14" EAST 39,69 FEET, TO A WESTERLY LINE OF PARCEL "D" AS SHOWN ON SAID PARCEL MAP 9208; THENCE ALONG SAID WESTERLY LINE OF PARCEL "D" THE FOLLOWING TWO (2) COURSES: 1) NORTH 48046'28" EAST 1,739.56 FEET; AND 2) NORTH 00009'11" WEST 235.96 FEET TO THE QUARTER SECTION LINE OF SECTION 27, SAID SECTION LINE ALSO BEING THE SOUTHERLY LINE OF ACACIA PARTNERS, SERlES No. 2005-037868, ALAMEDA COUNTY RECORDS, AND THE NORTHERLY LINE OF SAID PARCEL "D"; THENCE ALONG SAID QUARTER SECTION LINE SOUTH 89040'26" EAST 1,485.76 FEET TO SAID POINT OF BEGINNING. CONTAINING 328.57 ACRES, MORE OR LESS. PARCEL 2 BEGINNING AT THE COMMON CORNER OF SECTIONS 26,27,34, AND 35 THENCE,ALONG THE SECTION LINE COMMON TO SECTIONS 26 AND 35, SAID SECTION LINE ALSO BEING THE SOUTHERLY LINE OF THE MUEHLHAUSER TRUST. RECORDED IN SERIES No. 2002-097480, P:119149\1egalsILLD-CityILEGAL-OVERALL-LLD91.doc f2un13 19149-10 I (V i G/2007 MW Pagc4of8 ALAMEDA COUNTY RECORDS, SOITI'll 88"4.\'28" EAST 2640.61 FEET' 'I'O THE NORTH QUARTER CORNER OF SAID SECTION 35: THENCE ALONG THE NOR'rI-[.SOUTH QUARTER SECTION LINE OF SAID SECTION 35, SAID NORTH-SOUTH QUARTERSECTlON LlNEALSO BEINe) THE WESTERLY LINE OF ACACIA Pr'\RTNERS, RECORDED IN SERIES No. 2005-037867, AL/\iVLEDA co(rNT\' RECORDS, SOLJTH 00"'55'27" WEST 2636.26 FEET TO THE CENTER QUARTER CORNER OF SAID SECTION 35; 'fllENeE ALONG THE EAST-\VEST QUARTER SECTION LINE OF SAID SECTION 35, SAlD QUARTER SECTION LINE ALSO HEING TIlE NORTHERLY LINE OF CROAK. RECORDED IN . . SERIES No. 79-229985, ALAiVIEDA COUNTY RECORDS, NCJRTH 88''43'19'' WEST 263195 FEET '1'0 THE WEST QUARTER CORNER OF SAID SE<::T10N 35; THENCE ALONG THE SECTION LINE COlvf!I/10N TO SECTIONS 34 AND 35, ALSO BEING THE EASTERLY LINE OF PARCELS "C" AND "[)" AS SHOWN ON PARCEL MAP 9208, BOOK 292 OF MAPS PAGES 16-17, ALAMEDA COUNTY RECORDS, NORTH 00'44'09" EAST 2636,21 FEET TO SAID POINT OF' BEGINNING; BEARINGS, DISTANCES AND AREA CALCULATION FOR PARCEL 2 ARE BASED ON RECORD OF SURVEY No. 1675, BOOK 25 Rl::CORD OF SURVEYS PACiES 31.32 ALAMEDA COUNTY RECORDS; CONTAINING 159,54 ACRES, MORE OR LESS. PAR(~EL 3 nEGINNING AT THE NORTHEAST CORNER OF LANDDESCRIBI:O IN SERIES NUMBER 2007- 257006,SAlD POINT ALSO BEING A POINT ON THE SOUTHERLY LINE OF THAT CERTAIN PARCEL MAP RECORDED IN BOOK 292 OF PARCEL \1AP5 AT PAGE 16, ALAMEDA COUNTY RECORDS. THENCE LEA VINCi SA.!D SOUTlIERL Y LINE SOUTH 22"21 '46" \VEST 459.06 FEET TO TIlE BEGINNING OF.A CURVE 'TO TH.E 1UCiH'T; . THENCE ALONG SAID CURVE TO THE RIGHT HA VINCI A RAI)[US OF J 34.00 FEET, A CENTRAL ANGLE OF rW22'()3", AND AN ARC LENGTH OF to.21 FEET: THENCE SOLrrn 26043'49" WEST 67.35 FEET' TO THE BEGINNING OF A CURVE TO THE LEFT; THENCE ALONG SAID CURVE 'TO TILE LEFf HAVING /\ RADIUS OF 166.00 FEET. A CENTRAL ANGLE OF 04"22'03", AND AN ARC LI':NGTl1 OF 12,65 FEET: THENCE SOUI'll 22021 '46" WEST] 02.65 FEET TO THE BEejlNNJNCi OF A CURVE TO THE RlCiHT; TIIENCE /\LONG SAID CURVE TOTHE RIGHT HAVING ARADllS (IF 37200 FEET, A CENTI<.AL ANGLE OF 27040'21". AND AN ARC LENGTII OF 179.67 FEET Te> TIlE BEGINNING OF A COMPOUND CURVE; THENCE ALONG SAID COMPCl\iND CtiRVE IIA VINCi A R.ADUIS OF 40.00 FEET, A CENTRAL ANGLE OF 10005'56", AND AN ARC LENGTH OF 7.05 FEET 'TO '1HE BEGINNING OF ;\ REVERSE CURVE; p,': <): :'!9\l<:f'"I,:.LLD..City\LEGA L-()VUCI i,1..U.JYi 1",,(' l=3lYb'3 19149-10 rOil 6/2007 MW Page 5 of8 THENCE ALONG SAID REVERSE CURVE HAVING A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 08008'34", AND AN ARC LENGTH OF 5.68'FEET TO THE BEGINNING OF A REVERSE CURVE; THENCE ALONG SAID REVERSE CURVE HAVING A RADIUS OF 371.00 FEET, A CENTRAL ANGLE OF 08015'42", AND AN ARC LENGTH OF 53.50 FEET: THENCE SOUTH 60015'10" WEST 48'.20 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 28.00 FEET, A CENTRAL ANGLE OF 86016'20", AND AN ARC LENGTH OF 42,16 FEET TO THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID NON TANGENT CURVE TO THE RIGHT HAVING A RADIAL BEARING OF NORTH 56006'03"EAST, A RADIUS OF 4803.88 FEET, A CENTRAL ANGLE OF 01045'29", AND AN ARC LENGTH OF 147,39 FEET TO THE BEGINNING OF A NON TANGENT CURVE TO THE RIGHT: THENCE ALONG SAID NON TANGENT CURVE TO THE RIGHT HAVING A RADIAL BEARING OF SOUTH 64025'11" WEST, A RADIUS OF 28.00 FEET, A CENTRAL ANGLE OF 85049'59", AND AN ARC LENGTH OF 41.95 FEET; THENCE NORTH 60015'10" EAST 39.80 FEET TO THE BEGINNING OF A CURVE TO THE LEFT: THENCE ALONG SAID CURVE TO THE LEFT HAVING A RADIUS OF 466,00 FEET, A CENTRAL ANGLE OF 37053'24", AND AN ARC LENGTH OF 308.17; THENCE NORTH 22021 '46" EAST 687.66 FEET TO SAID SOUTHERLY LINE OF PARCEL MAP RECORDED IN BOOK 292 OF PARCEL MAPS AT PAGE 16; THENCE ALONG SAID SOUTHERLY LINE NORTH 89051 '52" WEST 95.06 FEET TO SAID POINT OF BEGINNING; SEE EXHIBIT "A" FOR PLAT OF PROPERTY END OF DESCRIPTION. IDACKAYlSOIPS CIVIL ENGINEERING-LAND PLANNING-LAND SURVEYING 5142 Franklin Drive Suite B. Pleosonton. CA. 94588-3355 (925) 225-0690 P:\19149\legals\LLD-City\LEGA L-OYERALL-LLD9 J .doc