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HomeMy WebLinkAboutItem 4.12 ROW DubBlWid DSRSD CTTY CLERK File #600-40 AGENDA STATEMENT CZTY COUNCTL MEETTNG DATE: February 19, 2002 SUBJECT: Approval of Right-of-Way Contract for the Dublin Boulevard Widening Project from Village Parkway to Sierra Court/Civic Plaza (7051 Dublin Boulevard - DSRSD Property) Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: Right-of-Way Contract for the DSRSD parCel (signed original will be available at the Council meeting) RECOMMENDATIONS) " 2) Approve the purchase of real property located at 7051 Dublin Boulevard Authorize the City Manager to sign the Right-of-Way Contract for the DSRSD parcel and issue a check in the amount of $39,600 payable to American Title Company for deposit into escrow. FINANCIAL STATEMENT: This right-of-way contract, if approved, would authorize the payment of $39,600 for the purchase of one parcel, together with a permanent Public Service Easement area and a temporary construction easement, needed .for the Dublin Boulevard Widening project. The budget for the purchase of 10 parcels needed for the widening project is $445,000 and there are adequate funds to purchase this parcel, as well as for the 9 other required parcels. The cost of the land acquisitions is being funded with State Transportation Improvement Program funds and Alameda County Congestion Management Agency Transportation Improvement Program funds. DESCRIPTION: One of the parcels required for the widening of Dublin Boulevard between Village Parkway and Sierra Court is owned by the Dublin San Ramon Services District (DSRSD) and is located at 7051 Dublin Boulevard. This parcel is required for the construction of a bus turnout, public service easement for the underground utilities, and a temporary construction easement needed during construction of the project. DSRSD has given the City a Permit To Enter and Do Work to construct the project until a permanent transfer of title for the needed right of way is completed. The market value of the property to be acquired is $39,600 based on an appraisal prepared by the consultant and approved by the City. The amount includes payment for the fee title, permanent public COPIES TO: Larry Castellanos, ARWS g:\miscproj\dbw-VPW - sierra~gst Purchase Agmt Approval DSRSD Parcel.doc ITEM NO. service easement, temporary construction easement, and the value of improvements on the property that will have to be removed in order to widen the roadway, except for the DSRSD sign that will be replaced by the City as part of the widening project. The DSRSD Board approved the right-of-way contract at its meeting on February 5, 2002, wherein the Board agreed to convey to Dublin fee simple ownership of the needed parcel for the amount of $39,600, the same amount as the appraised value of the property. Staff recommends that the Council approve the purchase of the real property located at 7051 Dublin Boulevard in the amount of $39,600. It is further recommended that the Council authorize the City Manager to sign the right-of-way contract and to issue a check in the amount of $39,600 payable to American Title Company for deposit into escrow. -2- GRANTOR: DUBLIN SAN RAMON SERVICES DISTRICT APN: 941-0210-024-04 PROJECT: CITY OF DUBLIN - DUBLIN BOULEVARD WIDENING CITY OF DUBLIN RIGHT OF WAY CONTRACT In consideration of the terms and conditions set forth ha this Right of Way Contract (the "Contract") Dublin San Ramon Services District, a political subdivision of the State of California, who acquired title as Valley Community Services District, a political subdivision of the State of California, ("GRANTOR") shall deposit in an escrow designated by City of Dublin ("CITY"), a Grant Deed suitable for recordation and conveying from GRANTOR to CITY fee simple ownership to the area and real property improvements indicated in Exhibit "A" and an Easement Deed suitable for recordation and conveying a permanent Public Service Easement to the area indicated in Exhibit "B" incorporated herein by this reference. In consideration of which, and the other considerations hereinafter set forth, it is mutually agreed as of the date first written herein below as follows: 1. Entire Agreement The parties have herein set forth the whole of their agreement. The performance of this Contract constitutes the entire consideration payable by CITY to GRANTOK and shall relieve CITY of all further obligations or claims on this account or on account of the location, grade, construction or operation of the proposed public improvement also known as the Dublin Boulevard Widening Project. 2. CITY shall A. Pay the sum of Thirty-Nine Thousand Six Hundred and No/100 Dollars ($39,600.00) for the property and improvements and any other consideration, identified ha the Appraisal Summary Statement and Statement of the Basis for Determination of lust Compensation, delivered separately and by reference made a part of this Contract, to the following title company: American Title Company (or any other title company Selected by City) for the account of the GRANTOR, Escrow No. 605923 conditioned upon the property vesting in CITY free and clear of all liens, leases, encumbrances, (recorded or unrecorded), assessments and taxes except any exceptions to title which are acceptable to CITY as said exceptions are identified in the title report relating to the subject property issued by the above Title Company bearing the escrow number shown in Paragraph 2A and dated October 24, 2001, and uPdates thereof. Clearing of any title exceptions not acceptable to CITY is the responsibility of GRANTOR. (A copy of the applicable preliminary title report is attached hereto as Exhibit "C" and made a part hereof. B. Pay all escrow, recording and title insurance charges, if any, incurred in this transaction. C. Have the authority to deduct and pay from the amount shown ha Paragraph 2A above any amount necessary to satisfy any liens, bond demands and delinquent taxes due in any year except the year in which this escrow closes, together with penalties and interest thereon, and/or delinquent and unpaid non delinquent assessments, which may have become a lien at the close of escrow. Current taxes, if unpaid, shah be segregated and prorafed as of the close of escrow and paid from the amount shown in Paragraph 2A above. Close of escrow for this transaction shall be contingent upon the title company receiving reconveyances from any deed oftmst0r mortgage holder trustees and beneficiaries. The consideration set forth in Paragraph 2A herein shall include payment ha full for the following improvements: All buildings, structures and other improvements affixed to the land which are owned by you as owners or tenants of the real property proposed to be acquired will also be conveyed unless other disposition of these improvements has been made. The real property interest(s) proposed to be acquired is/are: Fee, Public Service Easement and Temporary Construction Easement, respectively, as described in Exhibits "A" and "B." Page 1 of 6 S:/Ci(y of Dublin/DSRSD/Right of Way Contract/as/O10802 GRANTOR: PROJECT: DUBLIN SAN RAMON SERVICES DISTRICT CITY OF DUBLIN -- DUBLIN BOULEVARD WIDENING APN: 941-021 D-024-04 3. Temporary Construction Easement In addition to the Fee and Public Service Easement area, GRANTOR hereby grants to CITY a Temporary Construction Easement (TCE) for the use and storage of tools, machinery, materials and equipment by CITY, over, across and upon that certain real property as shown on Exhibit "Ar' and identified as Parcel 2, attached hereto and made a part hereof, together with the right of ingress to and egress from said property and the right at all times to enter and use said real property and every part thereof for aH purposes connected'with the construction of the proposed public improvement for a period not to exceed one (1) years. Said period to commence with first entry on GKANTOR'S property by CITY'S contractor. At least 48 hours advance written notice will be given before any entry on GRANTOR' S property. The amount set forth in Paragraph 2A herein includes full payment for the TCE. CITY agrees upon completion of any o.f its works hereunder to restore, as near as possible, the surface of the TCE to the condition in which it was prior to the commencement of the work related to the proposed public improvement. B. It is understood that the TCE shall expire on January 31, 2003. C. Use of the TCE shall not allow any storage of materials other than the materials being used for the work adjacent to the construction easement. D. CITY shall be allowed to perform minimal consumction "punch list" items and final landscaping necessary within the TCE, after the expiration date. 4. Permission to Enter GRANTOR'S Land for Construction Purposes Permission is hereby granted to CITY or its authorized agent to enter on GRANTOR'S land, where necessary, to conform driveways and perform miscellaneous construction contract work. The construction activities are as follow: Construction of joint utility trench and utility boxes within the confmes of the area described in Exhibit "B" as Public Service Easement. The land surface will be open and cut for an underground utility pipeline over a four (4) foot wide portion of the remainder frontage. Upon installation of the pipe line the area will be back filled to its original condition as found. B. Construction of sidewalk, bus turnout, landscaping and other miscellaneous work associated with the Project. C. Relocation of the GRANTOR'S Dublin San Ramon Services District's double faced sign with exterior flood lights on to the remaining property and replacement of landscaping affected by the Project. All work done under this CONTRACT shall conform to all applicable building, fzre, sanitary laws, ordinances, and regulations relating to such work, and shall be done in a good and workman like manner. It is understood and agreed by the CITY that all relocation cost of the improvements: sign, lights, sprinkler system, and landscape shall be without cost to the GRANTOR. All structures, improvements or other facilities when removed and relocated by the CITY shall be left in as good condition as found. GRANTOR understands and agrees that after completion of said work, said facility(ies) will be considered as GRANTOR'S sole property and GRANTOR will be responsible for maintenance and repair. 5. Payment of Deed of Trust If this property is secured by a mortgage(s) or deed(s) of trust, GRANTOR is responsible for payment of any demand under authority of said. mortgage or deed of trust out of GRANTOR'S proceeds. Such amounts may include, but not be limited to, payments of unpaid principal and interest. Page 2 of 6 $:/Ci~y of Dublin/DSRSD/Right of Way Contract/as/O10802 GRANTOR: PROJECT: DUBLIN SAN RAMON SERVICES DISTRICT CITY OF DUBLIN -- DUBLIN BOULEVARD WIDENING APN: 941-0210-024-04 Escrow Instructions GRANTOR hereby authorizes CITY to prepare and file escrow instructions in accordance with this Contract on behalf of both parties. 7. Hazardous Wastes GRANTOR hereby represents and warrants that during the period of GRANTOR'S ownership of the property, there have been no disposals, releases or threatened releases of hazardous substances or hazardous waste on, from, or under the p~operty. GRANTOR further represents and warrants that GRANTOR has no knowledge of any disposal, release, or threatened release of hazardous substances-or hazardous waste, on, from, or under the property, which may have occurred prior to GRANTOR taking title to the property. The acquisition price of the property being acquired in this transaction reflects the fair market value of the property without the presence of contamination. If the property being acquired is found to be contaminated by the presence of hazardous waste, which-requires mitigation under Federal Or State law, the CITY may elect to recover its clean- up costs from those who caused or contributed to the contamination. 8. Right of Possession and Use It is agreed and con£trmed by the parties hereto that, notwithstanding the other provisaons in this Contract, the right of possession and use of the subject property by CITY, and/or its designees or assignees including the right to remove and dispose of improvements, and relocate, install and connect utilities shall commence on January 31, 2002, or close of escrow, whichever occurs first, and that the amount shown in Paragraph 2A herein includes, but is not limited to, full payment for such possession and use, including interest and damages if any, from said date. 9. Binding on Successors and Assigns This Contract shall be binding on and inure to the benefit of the respective heirs, successors and assigns of the parties to this Contract. 10. No Leases GRANTOR warrants that there are no oral or written leases on all or any portion of the property proposed to be acquired exceeding a period of one month, and GRANTOR further agrees to hold CITY harmless and reimburse CITY for any and all of its losses and expenses occasioned by reason of any lease of said. property held by any tenant of GRANTOR for a period exceeding one month. 11. Quitclaim Deeds If any lessee interests 'are identified in Paragraph 10 herein, as a condition precedent to close of escrow, Quitclaim Deeds or similar releases sufficient to clear any possessory rights from the subject property will be required. It is the GRANTOR'S primary responsibility to secure any Quitclaim Deeds or releases; however, CITY agrees to reasonably assist GRANTOR in securing said Quitclaim Deeds or releases. 12. Insurance CITY acknowledges, covenants and warrant that it maintains or otherwise provides for public liability, Worker's Compensation, Property and Builder's Risk ("Course of Construction") insurance coverage and a policy of standard fire and extended coverage insurance, with vandalism and mischief endorsement for its governmental operations and that said insurance adequately covers its reasonably foreseeable risks under this Contract. CITY further acknowledges, covenants and warrant that it has included in the Contract Document requirements that it contractor(s), for the construction of CITY'S project, take out and maintain during the course of construction of said Projects insurance of the kind, and for the coverage, corresponding to the risks reasonably foreseeable for said construction. Page 3 of 6 '$.'/City of Dublin/DSRSD/Right of Way Contract/as/O 10802 GP, ANTOR: DUBLIN SAN RAMON SERVICES DISTRICT A.PN: 941-0210-024-04 PROJECT: CITY OF DUBLIN -- DUBLIN BOULBV^RD WIDENING 13. GRANTOR'S Indemnification CITY shall indemnify and hold the GRANTOR harmless, its board of directors, member agencies, Committees, officers, employees, and agent harmless from and against any and all claims, suits, actions liability, loss, damage, expense, cost (including, without limitation, costs and. attorney's fees) of every nature, kind or description, which may be brought against, suffered, sustained by or caused to the GRANTOR, its goveming Board of Directors, other boards, commissions, committees, officers, employees and agents, or alleged to have been caused by, the negligence, intentional tortuous act or omission, and/or willful misconduct of CITY and/or arising from or alleged to have arisen from any design, construction, installation and/or use of the real property at issue, including but not limited to the Temporary Construction Easement and the Public Service Easement set forth herein, excepting such claims or suits for damages or injuries arising from the GRANTOR'S own active negligence or willful misconduct. 14. Notices Any notice required, or convenient to the performance, hereunder, shall be in writing and may be given to the parties by personal delivery, or by certified or registered mail, postal prepaid, addressed in the case of GRANTOR as follows: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94566 Attn: General Manager And in the case of CITY, as follows: City of Dublin 100 Civic Plaza P. O. Box 2340 Dublin, CA 94568 Attention: City Manager All writings, notices or communications shall be deemed to be served and shall be deemed .to be made within five (5) days of the date of mailing of the writing, notice or communication. All writings, notices, and communications shall be addressed and directed as set forth {his paragraph. Any change of address by any party must be made by giving written notice of the change to the parties within five (5) days of said change and in the manner as stated herein. 15. Para~ral)h Headings Paragraph and subparagraph headings as used herein are for convenience only, and shall not be deemed to alter or amend the provisions of the paragraph or subparagraph headed thereby. 16. Waiver The waiver of any breach of this Contract shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or another provision of this Contract. 17. No Representations Each party to this Contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and 'that no agreement, statement or promise not contained in the Contract shall be valid or binding. 18. Enforceability If any provision in this Conlxact is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force with out bring impaired or invalidated in any way. Page 4 of 6 S:/C#y of Dublin/DSRSD/Right of Way Contract/as/Ol0802 GP~NTOR: PROJECT: DUBLIN SAN RAMON SERVICES DISTRICT CI~"Y OF DUBLIN -- DUBLIN BOULEVARD WIDENING APN: 941-0210-024-04 19. Modifications Any modification of this Contract shall be effective only if it is in writing, signed by the party to be changed, and a copy thereof properly delivered to the party seeking to enforce such modification. 20. Attorney's Fees If any action, proceeding, or litigation is commenced arising out of or relating to this Contract, or to enforce or collect any judgment or award then the prevailing party shall be entitled to receive, in addition to any other relief that may be granted, a reasonable amount of attorney's fees, costs, and expenses incurred in the action or proceeding. 21. Jurisdiction The Contract and the legal relations between the parties shall be governed by and construed in accordance with the laws of the State of California. 22. Dispute Resolution In the event of a dispute between parties in the interpretation of any provision of this Contract or of thc performance of either party expressly or impliedly required hereunder, prior to instituting any legal proceeding or action, the party claiming dispute shall notify the other party in writing of the nature of said dispute and request a meeting to confer regarding resolution thereof. Said parties shall meet and confer within ten (I 0) days of the date of said notice of dispute and shall endeavor in good faith to resolve said dispute by agreement or may provide, by written agreement, for said dispute to be resolved through mediation or binding arbitration. If such agreement, or resolution through mediation, cannot be achieved, the parties may enforce their respective rights, as they shall determine. 23. Approval of CITY GRANTOR understands that this Contract is subject to the approval of CITY and availability of funding. Further, that this Contract shall have no force or effect unless and until said CITY approval has been obtained and funding secured. 24. Authority to Sign GRANTOR and the signatories represent and warrant that the signatories to this Contract are authorized to 6nter into this Contract to convey real property and that no other authorizations are required to implement this Contract' on behalf of GRANTOR. 25. Counterparts Signature This Contract may be executed in counterparts, each of which shall be an original, but all counterparts shall constitute one Contract. (As used above, the term, "GRANTOR "shall include the plural as well as the singular number.) Page 5 of 6 $.'/City of Dublin/D.gRSD/Right of Way Contract/as/O] 0802 GRANTOR: PROJECT: DUBLIN SAN RAMON SERVICES DISTriCT CIY~ OF DumLrN - DUBLIN BOULEVARD WIDENING APN: 941-0210-024-04 IN WITNESS WHEREOF, the parties have executed this Contract the day and year first written herein below. CITY OF DUBLIN, a municipal corporation of the State of California DUBLIN SAN RAMON SERVICES DISTRICT, a public agency of the State of California By: By: President, Board of Directors Title: Date: Attest: Secretar~ Taxpayer I.D. # Date: NO OBLIGATION OTHER THAN SET FORTH HEREIN WILL BE RECOGNIZED Page 6 of 6 &~City of Dublin/DSRSD/Right of Way Contract/as/Ol0802 Recording Requested of EXHIBIT "A" Q cIg and When Recorded,Mail To: • • City of Dublin • • 100 Civic Plaza • Dublin, CA 94568 Attention:Lee S Thompson Director of Public Works Space Above This Line for Recorder's Use APN: 941-0210-024-04 GRANT DEED FOR VALUABLE CONSIDERATION,receipt of which is hereby acknowledged, • Dublin San Ramon Services District, a political subdivision,of the State of California,who acquired title as Valley Community Services District,a political subdivision of'the State of California,(Grantor) hereby grant(s)the City of Dublin, a Municipal Corporation, (Grantee)the real property situated in the County of Alameda, State of California, described as follows: Exhibit"A"as Parcel 1 (1000-1)(Fee)attached hereto and made a part hereof. IN WITNESS WHEREOF, the parties hereto have entered into this Grant Deed as of this day of ,•2001,.. . SIGNED: Dublin San Ramon Services District,a political subdivision,of the State of California,who acquired title as Valley Community Services District, a political subdivision of the State of California Date By: STATE OF CALIFORNIA • } COUNTY OF } Its: • 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 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. Signature (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE Ci is exem.t from Coun transfer tax City of Dublin Alameda County, Califomia 06/28101 1000-1 Dublin San Ramon Services District Page 1 of 2 PARCEL 1 (1000-1) (Fee) Being a portion of the lands described in the deed to the Dublin San Ramon Services District as recorded on May 11, 1965 at Reel 1501 Image 15 in the office of the County Recorder of Alameda County, California and being shown on the Record of Survey Map No, 980 as filed on August 27, 1991 in Book 15 of Records of Surveys at page 59 in said office of the county recorder, more particularly described as follows: COMMENCING at the southeasterly comer of said lands at a point on the northeasterly right-of-way line of Dublin Boulevard as shown on said Map No. 980; Thence along last said line N.72°43'46'~V. 44.287 meters to the TRUE POINT OF BEGINNING; Thence continuing along said line N.72°43'46'~V. 39.624 meters; Thence leaving said line along a non tangent curve to the left having a radius of 5.182 meters, from a tangent that bears S. 72°43'46"E., through a central angle of 36°52'12" for an arc length of 3.335 meters; Thence along a reverse curve having a radius of 10.058 meters, through a central angle of 36°52'12" for an arc length of 6.472 meters; Thence S.72°43'46"E. 21.336 meters; Thence along a curve to the right having a radius of 10.058 meters, through a central angle of 36°52'12" for an arc length of 6.472 meters; Thence along a reverse curve having a radius of 5.182 meters, through a central angle of 36°52'12" for an arc length of 3.335 meters to the True Point of Beginning. Containing 96.1 square meters, more or less. Parcel 2 (Temporary Construction Easement) A Temporary Construction Easement, due to expire on ~ 31, 2003, located in a portion of the. lands described in the deed to'the Dublin San Ramon Services District as recorded on May 11, 1965 at Reel 1501 Image. 15 in the office of the County Recorder of Alameda County, California and being shown on the Record of Survey Map No. 980 as filed on August 27, 1991 in Book 15 of Records of Surveys at page 59 in said office of the county recorder, more particularly described as follows: COMMENCING at the southeasterly comer of said lands at a point on the northeasterly right-of-way line of Dublin Boulevard as shown on said Map No. 980; Thence along last said .line N.72°43'46'~A/. 44.287 meters to the TRUE POINT OF BEGINNING; Thence leaving last said line N.17°16'14"E. 2.438 meters; Thence along a non-tangent curve to the right having a radius of 2.744 meters, from a radial line that bears S.17°16'14'~/., through a central angle of 36°52'12" for an arc length of 1.766 meters; City of Dublin Alameda County, California 06/28/01 1000-1 Dublin San Ramon Services District Page 2 of 2 Thence along a reverse curve having a radius of 12.496 meters, through a central angle of 36°52'12" for an arc length of 8.041 meters; Thence N.72o43'46'¥V. 21.336 meters; Thence along a curve to the left having a radius of 12.496 meters, through a central angle of 36°52'12'' for an arc length of 8.041 meters; Thence along a reversed curve having a radius of 2.744 meters, through a central angle of 36°52'12" for an arc length of 1.766 meters; Thence S.17°16'14"VV. 2.438 meters to the southwesterly line of said lands and the northeasterly right-of-way line of said Dublin Boulevard; Thence leaving said line along a non tangent curve to the left having a radius of 5.182 meters, from a tangent that bears S. 72°43'46"E., through a central angle of 36°52'12" for an arc length of 3.335 meters; Thence along a reverse curve having a radius of 10.058 meters, through a central angle of 36°52'12" for an arc length of 6.472 meters; Thence S.72o43'46"E. 21.336 meters; Thence along a curve to the right having a radius of 10.058 meters, through a central angle of 36°52'12" for an arc length of 6.472 meters; Thence along a reversed curve to the left having a radius of 5.182 meters, through a central angle of 36°52'12" for an arc length of 3.335 meters to the True Point of Beginning. Containing 99.9 square meters, more or less. Beadngs and distances used in the above descriptions are based on the Califomia Coordinate System of 1983, Zone 3, CA-HPGN, Epoch I991.35. Multiply distances shown by 1.00008133 to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1200. This real property description has been prepared by me, conformance with the Professional Land Surveyors Act. , Signature ~~.~. ~~--~ /d. icensed Land Surveyor or under my direction, in LEGEND EXHIBIT "A" T,P.O.B, True Point of Beginning Description by Choudhary & Associates, Parcel 1 (FEE) Inc., dated June 28, 2001 Parcel 2 (TCE) P,O.B. Point of Beginning Description by Chaudhary & Associates, Inc., dated June 28, 2001 -- P.O,C. Point of Commencement TCE Temporary Construction Easement (N) R/W New Right of Way (E) R/W Existing Right of Way 5O ¢0-0~ Porce~ DesignaUon .o. ]'/] 15 ~.0, ~ 59 Block 1 R=10,058 ' R=12,496 ~ ~ L=6.472 6=36'52'1 = ( 1000 ) =36.52 12 R=2.744 ~ ~ .- R 10,058 / ~ R=12 496 A = 36'52 & = 36'52rl 2" A = 5~'52'12" . . · P r R=2 744 A=36'52'12 4 "% N r . 2.4~8 TCE EXPIRES ?°rce'~!. P;r;;I h & 2 Areo=~o.m sq. ~ ~ I / I ~ATE: dune 29, 2001 Of 'A Pofllon ill B _,~c~.~ . Of The Lands of Dublin San Ramon Semite Disfricf 9969plots.dwg FILE No. 99-10-69 'Dublin, California Recording Requested of: and When Recorded, Mail To: City of Dublin 100 Civic Plaza Dublin, CA 94568 /lttention: Lee S. Thompson Director of Public Works EXHIBIT "B" Space Above This Line for Recorder's Use APN: 941-0210-024-04 EASEMENT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Dublin San Ramon Services District, a political subdivision, of the State of California, who acquired title as Valley Community Services District, a political subdivision of the State of California, (Grantor) hereby grant(s) the City of Dublin, a Municipal Corporation, (Grantee), a Public Service Easement for the right to construct, reconstruct, replace, alter, operate and maintain and repair the utility line or lines and appurtenance thereto with the configuration as the Grantee deems necessary, together with the right of ingress and egress necessary or appropriate for the proper use of the rights granted herein, over, across, through, under and along that real property situated in the County of Alameda, State of California, described as follows: Exhibit "A" as Parcel 1 (1000-3)(Public Service Easement) attached hereto and made a part hereof. IN WITNESS WHEREOF, the parties hereto have entered into this Easement Deed as of this ,2001. day of SIGN-E-D: Dublin San Ramon Services District, a political subdivision, of the State of California, who acquired title as Valley Community Services District, a political subdivision of the State of California Date: By: STATE OF CALIFORNIA COUNTY OF Its: 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 insmament 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. Signature (This area for official notarial seal) MAIL TAX STATEMENTS AS DII~E~ED ABOVE (City is exempt from County transfer tax) City of Dublin Alameda County, California 06/28/01 1000 Dublin San Ramon Services Distdct Page I of 1 Parcel I (1000-3)(Public Service Easement) A Public Service Easement, located in a portion of the lands described in the deed to the Dublin San Ramon Services Distdct as recorded on May 11, 1965 at Reel 1501 Image 15 in the office of the County Recorder of Alameda County, California and being shown on the Record of Survey Map No. 980 as filed on August 27, 1991 .in Book 15 of Records of Surveys at page 59 in said office of the county recorder, more particularly described as follows: BEGINNING at the southeasterly comer of said lands at a point on the northeasterly right-of-way line of Dublin Boulevard as shown on said Map No. 980; Thence along last said line N.72°43'46'~N. 44.287 meters; Thence leaving last said line along a curve to the dght having a radius of 5.182 meters, through a central angle of 36°52'12" for an arc length of 3.335 meters; Thence along a reverse curve having a radius of 10.058 meters, through a central angle of 36°52'12" for an arc length of 6.472 meters; Thence N.72°43'46'~/V. 21.336 meters; Thence N.17°16'14"E. 1.200 meters; Thence S.72°43'46"E. 21.336 meters: Thence along a curve to the right having a radius of 11.258 meters, through a central angle of 36752'12" for an arc length of 7.245 meters; Thence along a reverse curve having a radius of 3.982 meters, through a central angle of 36°52'12'' for an arc length of 2.562 meters; Thence S.72°43'46"E. 44.287 meters to a point on the easterly line of said Lands; thence along said line S.17°16'13'~N. 1.200 meters to the Point of Beginning. Containing 90.5 square meters, more or less.' Bearings and distances used in the above descriptions are based on the California Coordinate System of 1983, Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances shown by 1.00008133 to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1200. This real property description has been prepared by me, or under my direction, in conformance with the Professional Land Surveyors Act. / ' Licen~;ed La~E'Surveyor L. dnd~ of DUblin Sdn Rdmon Gerv]ce~ D~s-r. rlc-t. Reel 1501 lrndge 15 R~10.058 ~ ~ L=6 472 . R=10.058% ., ~ ¢, o ~9 / R=11.258 ' '-" I L=6.472 ~ I ~ ~.0. ] ~ L=7.245, UIocK A=36'52'12'"/ / A=56'52 12" R=12.496'% ' ~ / R=12.496 . L=~.o4~ ~ t / / ~ L=8.04~ . A=56'52'12" % ~ ' / I / A=36'52'12" ~ L=1766 ~~ ~ I/ ~ L=1.766 ~ X ~ ~ m7'~6'~4'E I / / /' ~ .... 1.200 . R=3.982 ' z L=5.~55 NN k k ~ // ~N~2-~s'~s"w/ / / / / , ,, , ,, m~=~2o.o~5 ~=~s'52'~" NN~ ~ ~ .//~/ ~.~s , //~ // _'s~'~s~ w ~E~{'~R~s L=2 0~8 · q~"E ~ ~ ~ - 2~5S ~.~' ~.200 /~=oo-22oo' '" ,~,~5~'z2.~~ ~ ~~ ~,) i ........................... ~ .......... ,,,~, ....... Xt, ~7 ~ ;. (1000~2~ ~ / ~ ~ _ PCBj ' -- ~~-5~ '" -- ' , ,, x ~ , ,, 8 8+15.886 ~ A=36'52 12 9 ~ _ o I I t ~ I I .... LEGEND P.O.B. Point of BeginningDUBLIN.BLVD. Description by Chaudhary & Associates, Inc., doted dune 28, 2001 PSE Public Service Easemen~ -, SCALE: ~:60. PUBLIC SERVICE EASEMENT j C~u~Y ~ ASSOC~TES, INC. In a Poflion ~ ~ I I I I DATE: June 28, 2001 Of Th~ ~..~~,~ , DUBLIN SAN RAMON SERVICES DISTRICT ' ' ..... (~) ~"~ E:X1999X9910069 FILE 'No. E-1000-3 Dublin. California AMERICAN TITLE COMPANY 3549 Castro Valley Boulevard · Castro Valley, CA 94546 (510) 537-2933 · FAX [510) 537-3640 EXHIBIT 0 PRELIMINARY REPORT ESCROW OFFICER: Bette Dawson ORDER NO.: 605923-A Amendment TO: Chaudhary & Associates, inc. 3272 Villa Lane Napa, CA 94558-2729 ATTN: Edward A. Krumrei, P.E. SHORT TERM RATE: No PROPERTY ADDRESS: 7001 Dublin Boulevard, Dublin, California EFFECTIVE DATE: October 24, 2001,07:30 A.M. The form of Policy or Policies of title insurance contemplated by this report is: California Land Title Association Standard Coverage Policy - 1990 American Land Title Association Loan Policy (10-17-92) with A.L.T.A. Form I Coverage 1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2, TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: Dublin San Ramon Services District, a political subdivision, of the State of California, who acquired title as Valley Community Services District, a political subdivision of the State of California 3. THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE CITY OF DUBLIN, IN THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: SEE EXHIBIT "ONE" ATTACHED HERETO AND MADE A PART HEREOF MO\dh 10/07/2001 EXHIBIT "ONE" Order No. 605923 - A Parcel One: Being a portion of the lands described in the deed to the Dublin San Ramon Services District as recorded on May11, 1965 at Reel 1501 Image 15 in the Office of the County Recorder of Alameda County, California and being sho.wn on the Record of Survey Map .No. 980 as filed on August 27, 1991 in Book 15 of Records of Surveys at Page 59 in said Office of the County Recorder, more particularly described as follows: Commencing at the-Southeasterly corner of said lands at a point on the Northeasterly right-of-way line of Dublin Boulevard as shown on said Map No. 980; thence along last said line N. 72° 43' 46' W. 42.534 meters to the true point of beginning; thence continuing along said line N. 72° 43' z~6" W. 39.624 meters; thence leaving said line along a curve to the left having a radius of 5.182 meters, from a tangent that bears S. 72° 43' 46" E., through a central angle of 36° 52' 12" for an arc length of 3.335 meters; thence along a reverse curve having a radius of 10.58 meters, through a central angle of 36° 52' 12" for an arc length of 6.472 meters; thence S. 72° 43' 46" E. 21.336 meters; thence along a curve to the right having a radius of 1 0.058 meters, through a central angle of 36° 52' 12" for an arc length of 6.472 meters; thence along a reverse curve having a radius of 5.182 meters, through a central angle of 36° 52' 12" for an length of 3.335 meters to the true point of beginning. Parcel Two: A Temporary Construction Easement, due to expire on March 31, 2003, located in a portion of the lands described in the deed to the Dublin San Ramon District as recorded on May 11, 1965 at Reel 1501 Image 15 in the Office of the County Recorder of Alameda County, California and being shown on the Record of Survey Map No. 980 as filed on August 27, 1991 in Book 15 of Records of Surveys at Page 59 in said Office of the County Recorder, more particularly described as follows: Commencing at 'the Southeasterly corner of said lands at a point on the Northeasterly right-of-way line of Dublin Boulevard as shown on said Map No. 980; thence along last said line N. 72o 43' 46' W. 42.534 meters to the true point of beginning; thence leaving last said line N. 17° 16' 14" E. 2.438 meters; thence along a non-tangent curve to the right having a radius of 2.744 meters, from a radial line that bears S. 17o 16' 14' W., through a central angle of 36° 52' 12" for an arc length of 1.766 meters; thence along a reverse curve having a radius of 12.496 meters, through a central of 36° 52' 12" for an arc length of 8.041 meters; thence N. 72° 43' 46" W. 21.336 meters; thence along a curve to the left having a radius of 1 2.496 meters, through a central angle of 36° 52' 12" for an arc length of 8.041 meters; thence along a reversed curve having a radius of 2.744 meters, through a central angle of 36° 52' 12" for an arc length of 1.766 meters; thence S. 170 16' 14' W. 2.438 meters to the SouthWesterly line of said lands and the Northeasterly right-of-way line of said Dublin Boulevard; thence leaving said line along a curve to the left having a radius of 5.182 meters, from a tangent that bears S. 72° 43' 46" E., through a central angle of 36° 52' 12" for anb arc length of 3.335 meters; thence along a reverse curve having a radius of 10.058 meters, through a central angle of 36° 52' 12" for an arc length of 6.472 meters; thence S. 72° 43' 46" E. 21.336 meters; thence along a curve to the right having a radius of 10.058 meters, through a central angle of 36° 52' 12" for an arc length of 6.472 meters; thence along a reversed curve to the left having a radius of 5.182 meters, through a central of 36° 52' 12' for an arc length of 3.335 meters to the true point of beginning. Bearings and distances used in the above descriptions are based on the California Coordinate System of 1983., Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances shown by 1.00008133to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1 200. Order No. 605923- A Parcel Three: A Public Service Easement, located in a portion of the lands described in the deed to the Dublin San Ramon Services District as recorded on May 11, 1965 at Reel 1501 Image 15 in the Office of the County Recorder of Alameda County, California and being shown on the Record of Survey Map No. 980 as filed on August 27, 1991 in Book 15 of .Records of Surveys at Page 59 in said Office of the County Recorder, more particularly described as follows: Beginning at the Southeasterly corner of said lands at a point on the Northeasterly right-of-way line of Dublin Boulevard as shown on said Map No. 980; thence along last said line N. 72° 43' 46' W. 44.287 meters; thence leaving last said line along a curve to the right having a radius of 5.182 meters, through a central angle of 36° 52' 12" for an arc length of 3.335 meters; thence along a reverse curve having a radius of 10.058 meters, through a central angle of 36° 52' 12" for an arc length of 6.472 meters; thence N. 72° 43' 46" W. 21.336 meters; thence N. 17° 16' 14" E. 1.200 meters; thence S. 72° 43' 46" E. 21.336 meters; thence along a curve to the right having a radius of 11.258 meters, through a central angle of 36° 52' 12" for an arc length of 7.245 meters; thence along a reverse curve haVing a radius of 3.982 meters, through a central angle of 36~ 52' 12" for an arc length of 2.562 meters; thence S. 72° 43' 46" E. 44.287 meters to point on the Easterly line of said Lands; thence along said line S. 17° 16' 1 3" W. 1.200 meters to the point of beginning. Bearings and distances used in the above descriptions are based on the California Coordinate System of 1983, Zone 3, CA-HPGN, Epoch 1991.35. Multiply distances shown by 1.00008133 to obtain ground distances. To convert meters to U.S. Survey feet multiply distance by 3937/1 200. Assessor's Parcel No: 941-0210-024-04 3 Order No. 605923 - A AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: The lien of supplemental taxes, if any, assessed pursuant to the provisions of Chapter 3.5 (Commencing with Section 75) of the Revenue and Taxation code of the State of California. Rights of the public as to any portion of the land lying within the area commonly known as Dublin Boulevard. o Easement(s) for the purpose(s) shown below and rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: County of Alameda Roadway purposes August 27, 1964, Book 1298, Page 11, of Official Records A Southerly portion of said land Easement(s) for the purpose(s) shown below and.rights incidental thereto as granted in a document; Granted to: Purpose: Recorded: Affects: The Pacific Telephone and Telegraph Company Anchorage facilities March 12, 1968, Book 2141, Page 628, of Official Records A portion of said land o Easement(s) for the purpose(s) shown below and rights incidental thereto as reserved in a document; Reserved by: Purpose: Recorded: Affects: Valley Community Services District Water and Sewer lines January 7, 1976, Instrument No. 76-2596, Book 4220, Page 354, of Official RecOrds A Southerly portion of said land The legal description contained in this report has not been created of record. END OF IT.EMS Note 1. Property taxes for the fiscal year shown below have no taxes due: APN: 941-0210-024-04 Fiscal year 1999-2000 Tracer No.: 393145-00 Note 2. The name(s) of the buyer(s) furnished with this application for Title Insurance is/are: City of Dublin for widening Street If these names are incorrect, incomplete or misspelled, please notify the Company. iTEMS: (Continued) Order No. 605923 - A Note 3. There are NO deeds affecting said land, recorded within twenty-four (24) months of the date of this report. Note 4. Note 5. Note 6. Note 7. PLEASE BE ADVISED THAT THE COUNTY RECORDER'S OFFICE WILL NO LONGER ACCEPT HIGHLIGHTED ORIGINAL DOCUMENTS FOR RECORDING. THIS COMPANY REQUESTS THAT ANY DOCUMENTS SENT HERE TO BE EXECUTED AND RECORDED NOT HAVE ANY HIGHLIGHTED AREAS. Section 12413.1, California Insurance Code became effective January 1, 1990. This legislation deals with the disbursement of funds deposited with any title entity acting in an escrow or subescrow capacity. The law requires that all funds be deposited and collected by the title entity's escrow and/or subescrow account prior to disbursement of any funds. Some methods of funding may subject funds to a holding period which must expire before any funds may be disbursed. In order to avoid any such delays, all fundings should be done through wire transfer, certified check or checks drawn on California financial institutions. The charge where an order is cancelled after the'issuance of the report of title, will be that amount which in the opinion of the Company is proper compensation for the services rendered or the purpose for which the report is used, but in no event shall said charge be less than the minimum amount required under Section 12404.1 of the Insurance Code of the State of California. If the report cannot be cancelled "no fee" pursuant to the provisions of said Insurance Code, then the minimum cancellation fee shall be that permitted by law. California Revenue and Taxation Code Section 18668, effective January 1, 1991, requires that.the buyer in all sales of California Real Estate, wherein the Seller shows an out of State Address, withhold 3-1/3% of the total sales price as California State Income Tax, subject to the various provisions of the law as therein contained.