HomeMy WebLinkAbout4.2 Western Pac Housing Tr 7667or
19 82
/ii � 111
DATE:
TO:
FROM:
STAFF REPORT
CITY COUNCIL
November 19, 2013
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
CITY CLERK
File #600 -60
SUBJECT: Approval of Final Map and Tract Improvement Agreement, Approval of
Agreement for Long -Term Encroachment for Landscape Features, and
Acceptance of Park Land Dedication In -Lieu Credits for Tract 7667, Esprit at
Dublin Station (Western Pacific Housing, Inc.)
Prepared by Jayson Imai, Senior Civil Engineer
EXECUTIVE SUMMARY:
Western Pacific Housing, Inc., is filing a Final Map for Tract 7667 (Esprit at Dublin Station) to
create two (2) individual lots for condominium purposes for the construction of 105 townhouse
units. Tract 7667 is bounded on the west by Iron Horse Parkway, the south by Martinelli Way,
the east by Campus Drive, and the north by Dublin Boulevard.
FINANCIAL IMPACT:
Park land dedication requirements based on 105 townhouse units are proposed to be satisfied
with Park Land credits.
The developer has signed an Improvement Agreement and has posted bonds to guarantee the
construction of public streets and other tract improvements within Tract 7667. The Performance
Bond and Labor & Materials Bond amounts for construction of the tract improvements are
summarized in the table below. The developer will also be responsible for all construction
inspection costs related to the tract improvements required for Tract 7667.
Bond
Bond Number
Amountof.Bond ,
Performance
21 BSBGP4665
$1,939,000
Labor & Materials
21 BSBGP4665
$1,939,000
The developer will be responsible for maintaining the project - related landscape features within
the public right -of -way. Once established, the developer may assign this responsibility to the
Homeowners' Association for Tract 7667. After acceptance of the improvements, the City will
incur maintenance responsibility and costs for all remaining public improvements surrounding
Tract 7667. Estimated annual maintenance costs will be provided at the time these
improvements are accepted by the City.
Page 1 of 3 ITEM NO. 4.2
RECOMMENDATION:
Staff recommends that the City Council adopt Resolution Approving Final Map and Tract
Improvement Agreement for Tract 7667, Esprit at Dublin Station; adopt Resolution Approving
the Agreement for Long Term Encroachment for Landscape Features for Tract 7667, Esprit at
Dublin Station; and adopt Resolution Accepting Parkland Dedication In -Lieu Credits for Park
Land Dedication Requirements for Tract 7667, Esprit at Dublin Station.
Submit ed By
Public Works Director
DESCRIPTION:
Western Pacific Housing, Inc.
create 2 lots for condominium
(Attachment 1).
a
I " Submitted By \ '
Administrative Services
Director
Reviewed y
Assistant City Manager
is filing a Final Map for Tract 7667, Esprit at Dublin Station to
purposes for the future development of 105 townhouse units
The Final Map for Tract 7667 vacates the most easterly ten foot wide strip of public right -of -way
on Iron Horse Parkway and a two to four foot wide strip of public right -of way along the west
side of Campus Drive. In accordance with Section 66436(a)(3)(A)(i) and (ii) of the Subdivision
Map Act, all public utilities were notified of the proposed abandonment and given thirty days to
provide comments. The City received one comment from AT &T that was subsequently resolved
to their satisfaction. No other comments were received during the thirty day review period.
The Final Map for Tract 7667 also vacates a public service easement and sidewalk easement
along the project's Dublin Boulevard frontage. New public service easements and sidewalk
easements are being dedicated with the Final Map along Dublin Boulevard to replace the
vacated easements and on Iron Horse Parkway at the intersections with Dublin Boulevard and
Martinelli Way. The Final Map for Tract 7667 will also establish Esprit Way, North Esprit Loop
and South Esprit Loop as Private Streets within the development. Emergency vehicle
easements are being dedicated over the private streets to allow access for emergency
responders.
The Final Map for Tract 7667 has been reviewed and found to be in conformance with the
Tentative Map and Conditions of Approval adopted by Planning Commission Resolution No. 10-
38 on August 24, 2010. The Developer has submitted an executed Tract Improvement
Agreement, together with the required Performance and Labor & Material Bonds.
The Agreement for Long Term Encroachment for Landscape Features for Tract 7667 provides
for the developer to maintain project - related landscape features within the public rights -of -way,
including planter strips, sidewalks, and street trees. Once established, the developer may
assign this responsibility to the Homeowners' Association for Tract 7667.
Staff has prepared a Resolution Approving Final Map and Tract Improvement Agreement for
Tract 7667, Esprit at Dublin Station (Attachments 2 and 3) and a Resolution Approving the
Page 2 of 3
Agreement for Long Term Encroachment for Landscape Features for Tract 7667, Esprit at
Dublin Station (Attachments 4 and 5).
Parkland Dedication Requirements
Pursuant to Dublin Municipal Code Chapter 9.28, a subdivider is required to dedicate park land
or pay a fee in lieu of dedicating such land as a condition of final map approval.
Western Pacific Housing, Inc., proposes to use Community Park Land and Neighborhood Park
Land Credits to satisfy both its Community Park Land and Neighborhood Park Land dedication
obligations. The following table shows how Western Pacific Housing, Inc., will satisfy the
Parkland requirements for Tract 7667:
The calculations of the acreage required or in -lieu fees have been determined in accordance
with City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which
outlines the requirements and how Western Pacific Housing, Inc. will achieve compliance
(Attachment 6).
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is
affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this
report have been provided to Western Pacific Housing.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7667
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 7667, Esprit at Dublin Station
3. Exhibit "A" to Resolution, Improvement Agreement
4. Resolution Approving the Agreement for Long Term Encroachment
for Landscape Features for Tract 7667, Esprit at Dublin Station
5. Exhibit "A" to Resolution, Agreement
6. Resolution Accepting the Park Land Dedication In -Lieu Credits for
Park Land Dedication Requirements for Tract 7667, Esprit at Dublin
Station
Page 3 of 3
Dedication
Requirement
Fees In -Lieu
of Dedication
Western Pacific Housing
Compliance
Community Park Land
0.735 acres
$778,365
Use of park acreage credits
Neighborhood Park Land
0.315 acres
$400,575
Use of park acreage credits
The calculations of the acreage required or in -lieu fees have been determined in accordance
with City of Dublin Municipal Code Chapter 9.28. Staff has prepared a Resolution which
outlines the requirements and how Western Pacific Housing, Inc. will achieve compliance
(Attachment 6).
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is
affirmation of the Final Map's concurrence with the approved Tentative Map. Copies of this
report have been provided to Western Pacific Housing.
ATTACHMENTS: 1. Reduced Copy of Final Tract Map 7667
2. Resolution Approving Final Map and Tract Improvement Agreement
for Tract 7667, Esprit at Dublin Station
3. Exhibit "A" to Resolution, Improvement Agreement
4. Resolution Approving the Agreement for Long Term Encroachment
for Landscape Features for Tract 7667, Esprit at Dublin Station
5. Exhibit "A" to Resolution, Agreement
6. Resolution Accepting the Park Land Dedication In -Lieu Credits for
Park Land Dedication Requirements for Tract 7667, Esprit at Dublin
Station
Page 3 of 3
C.I'�-�f PLANNING MANAGER'S STATEMENT:
TRACT7667 THIS MAP CONFORMS TO THE VESTING TENTATIVE MAP AND CORRFSPONDINGCONDNIONS AS APPROVED BY THE
FOR CONDOMINIUM PURPOSES PLANNING COMMISSION. FHIS MAP HAS BEEN REVIEWED BY MEAND THE CONDITIONS OF APPROVAL HAVE BEE14
�ION OF PARCEL 1, AS SHOWN ON PARCEL MAP 7892, RECORDED SATISFIED.
IN BOOK 280 OF PARCEL MAPS, DATED:
AT PAGES 83 THROUGH 85, AND AS CORRECTED BY JEFF BAKER, —PUNNING RA—ANAGER
CERTIFICATE OF CORRECTION SERIES No. 2008-129297
.OUNTY RECORDS, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA CnY CLERK'$ STATEMENT:
MACKAY& SCIOPS 1, CAROLINE —SOTOCVrY CLERK AND CLERK OF THE COUNCIL OF THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF
11*11F111 I Mmls CALIFORNIA, DO HEREBY STATE THAT THE HEREIN EMBODIED FINAL MAP ENTITLED: -TRACT 7667 FOR CONDOMINIUM
-le L)N DR, lA -5e Plb)M-l- PURPOSES, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA', CONSISTING OF FOUR (4) SHEETS, THIS STATEMENT BEING
OCTOBER, 2013 UPON SHEET ONE (1) THEREOF, WAS PRESENTED TO SAID COUNCIL AS PROVIDED BY RESOLUTION NO.
AT A MEETING HELD ON THE _DAY OF —. 2013, AND THAT SAID COUNCIL DID THEREUPON APPROVE
SAID FINAL MAP, AND DID ACCEPT, SUBJECT TO IMPROVEMENTS, ON BEHALF OF THE PUBLIC, THE PUBLIC SERVICE
VICINITY MAP EASEMENT (PSE, AND THE EMERGENCY VEHICLE ACCESS EASEMENT (EVAE), AND SIDEWALK EASEMENT (SWE).
,o5i, SAID COUNCIL. ALSO, PURSUANT TO SECTION 66434(g) OF THE SUBDIVISION IMP ACT THE CITY OF DUBLIN DOES HEREBY
ABANDON AND VACATE IN ITS ENTIRETY THE FOLLOWING:
1, ALL OF THE 10' WIDE PUBLIC SERVICE EASEMENT (PSE) AND SIDEWALK EASEMENT (SWE)ALONG DUBLIN
BOULEVARD, DEDICATED 014 PARCEL MAP 7395, RECORDED IN BOOK 254 OF PARCEL MAPS, PAGES 28 THROUGH 37,
ALAMEDA COUNTY RECORDS.
2. THE MOST EASTERLY 10 FOOT WIDE STRIP OF IRON HORSE PARKWAY AS DELINEATED ON SHEET 2 OF THIS MAP,
DEDICATED ON PARCEL MAP 7396, FILED IN BOOK 254 OF PARCEL MAPS, AT PAGES 28 THROUGH 37, ALAMEDA
COUNTY RECORDS
3. THE MOST WESTERLY STRIP OF CAMPUS DRIVE AS DESIGNATED ON SHEET 2 OF THIS TRAP, DEDICATED ON PARCEL
SITE MAP 7892, FILED IN BOOK 280 OF PARCEL MAPS, AT PAGES 83 THROUGH 85, ALAMEDA COUNTY RE-CORDS.
BLVD FUR THER STATE THAT ALL AGREEMENTS AND SURETY AS REQUIRED BYLAW TO ACCOMPANY THE WITHI N FINAL MAP
HAVE BEEN APPROVED BY THE CITY COUNCIL OF THE CITY OF DUBLIN AND ARE FILED IN MY OFFICE
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS DAY OF 2013,
STATE HIGHWAY ROUTS 580
CAROLINE SOTO
CITY CLERK AND CLERK OF THE
CITY COUNCIL OF THE CITY OF DUBLIN,
COUNTY OF ALAMEDA, STATE OF CALIFORNIA
=EF °S STATEMENT: CLERK OF _T11EB0ARD qF SUPISRV!SORV STAT LENT.-
AVE EXAMINED THIS FINAL MAP ENTITLED 'TRACT 7667 FOR CONDOMINIUM PURPOSES, CITY OF STATE OF CALIFORNIA)
I'll COUNTY OF ALAMEDA)
]LINTY, CAUFORNIA7, AND THE SUBDIVISION SHOWN HEREON IS SUBSTANTIALLY THE SAME As 11
iPPROVED VESTING TENTATIVE MAP AND ANY APPROVED ALTERATIONS THEREOF; AND THAT ALL E BOARD OF SUPERVISORS FOR THE COUNTY OF ALANIEDA, STATE OF
STATE LAW AND LOCAL ORDINANCES APPLICABLE AT THE TIME OF APPROVAL OF THE VESTING 1, CHERYL PERKINS, ASSISTANT CLERK OF FIT
BEEN COMPLIED WITH. CALIFORNIA, DO HEREBY STATE, AS CHECKED BELOW, THAT:
❑ AN APPROVED BOND HAS BEEN FILED WITH THE SUPERVISORS OF SAID COUNTY AND STATE IN THE AMOUNT OF
DATED: CONDITIONED FOR THE PAYMENT OF ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES,
TT—CN—GIiTffR--- APPROVED BY SAID LOCAL BOARD IN SAID AMOUNT
TRES JUNE 30, 2015
MEDA COUNTY, CALIFORNIA ❑ ALL TAXES AND SPECIAL ASSESSMENTS COLLECTED AS TAXES HAVE BEEN PAID AS CERTIFIED BY THE
TREASURER-TAX COLLECTOR OF THE COUNTY OF ALAMEDA.
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS - DAY OF 2013.
34STANT_gITY _ENGNEEWS--STATEM—��—N'6:
CHERYL PERKINS
,T I HAVE EXAMINED THIS FINAL. MAP ENTITLED 'TRACT 7667 FOR CONDOMINIUM PURPOSES, CITY OF ASSISTANT CLERK OF THE BOARD OF SUPERVISORS
)UNTY, CALIFORNIA", AND I AM SATISFIED THAT THIS FINAL MAP IS TECHNICALLY CORRECT. COUNTY OF ALAMEDA, STATE OF CALIFORNIA
ASSISTANT —CITY ENGINEER DATED: _ 2013 BY: —DEPUTY CN—NT—CLERK
'LRES DECEMBER 31, 2014
NEDA COUNTY, CALIFORNIA cqugy REcoKDERs sTArEmEmT.
FILED FOR RECORD THIS _DAY OF — 2013 AT IN BOOK -- OF MAPS AT
I'S STATEMENT' PAGES THROUGH U14DER SERIES NO, 200 AT THE REQUEST OF
FIRST AMERICAN —TITLE COMPANY IN THE OFFICE --6F THE COUNTY RECORDER OF THE COUNTY ALAMEDA, STATE OF
FE
:PARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE CALIFORNIA.
MENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCES AT THE REQUEST OF DR HORTON SAY
13. ] HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO FIE CONDITIONALLY FEE:
WE MAP, AND THAT THE SURVEY IS TRUE AND COMPLETE AS SHOWN, AND I HAT THE GROSS AREA
IS 4.180 ACRES, MORE OR LESS. PATRICK GCONNELL
RECORDER IN 11111) IN I HE 10IJOY
GATED: 2013 OF ALAMEDA, STATE OF CALIFORNIA
ND,319) 0
LRES: MARCH 31, 2014 EXP. 3/51/14 BY:
0
SHEET 1 OF 4
IL I - i THIS MAP.
o
N88'46
I r4 W4 10.00i BNDY
I
-J) pm-
N" * 46q'3S'W
3�6.0p
0'
-NIOST WESTERLY STRIP OF
In CAMPUS DRIVE VACATED BY
THIS AAP
C' 1
,358 SF
— 91.90' BNDY
46'--
50, (R-I)–r-- 38,
N31'35'05"E
7.91' BNDY
41'
51' th
11'13'25"T 832.31' M-M (R-1)
94,
RIF—FIR dm.
PARCEL MAP 7892 BK. 280 PG. 83-85 ALAMEDA COUNTY RECORDS
TRACT 7525 BK. 279 PG. 97-100 ALAMEDA COUNTY RECORDS
i PARCEL MAP 7395 BK. 254 PG. 28-37 ALAMEDA COUNTY RECORDS
CERTIFICATE OF CORRECTION SERIES NO. 2008-129297, ALAMEDA
COUNTY RECORDS
(R-5) PARCEL MAP 7893 SK. 308 PG. 64-67 ALAMEDA COUNTY RECORDS
MIUNDR-1.
THE LANDS INCLUDED IN THIS TRACT MAP ARE SUBJECT To THE
F011OWING TERMS, PROVISIONS, EASEMENTS, AND EXCEPTION&
1. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN
THE DOCUMENT RECORDED AUGUST 4, 1997 AS INSTRUMENT
NO. 97-194235 OF OFFICIAL RECORDS
2. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT
ENTFM AGREEMENT FOR THE MRIGATION OF DEVELOPMENT
IMPACTS UPON THE SCHOOL FACIUMES OF THE DUBLIN
UNIFIED SCHOOL DISTRICT RECORDED OCTOBER 18, 2005 AS
INSTRUMENT NO. 2005448472 OF OFFICIAL RECORDS
3. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT
ENTITLED DEVELOPMENT AGREEMENT RECORDED MARCH 10,
2006 AS INSTRUMENT NO. 2006090936 OF OM- CAL RECORDS
DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED
DECEMBER 23, 2010 AS INSTRUMENT NO. 2010386287 OF
OFFICIAL RECORDS
4. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT
ENTITLED MEMORANDUM OF AGREEMENT RECORDED MARCH 20,
2007 AS INSTRUMENT NO. 2007111802 OF OFFICIAL RECORDS
5. OIL, MINERALS OR GAS AS EXCEPTED IN THAT CERTAIN DEED
FROM THE UNITED STATES OF AMERICA, RECORDED ON AUGUST
4 1997 AS DOCUMENT No. 97194235, ALAMEDA COUNTY
THE BEARING OF NORTH 01'13*25* CAST ALONG IRON HORSE PARKWAY
BETWEEN FOUND MONUMENTS AS SHOWN ON PARCEL MAP 7892, FILED
IN BOOK 280 OF PARCEL MAPS AT PAGES 83 THROUGH 85, ALAMEDA
COUNTY RECORDS, WAS USED AS THE BASIS OF BEARINGS FOR THIS
TRACT MAP.
LEGEND
N88'16'05'W 664,23' M-M (R-1)(R3)
—(64.50
BOUNDARY LINE
53.
) 7.02,
A7 -M
N2°5W21
EASEMENT LINE
............
36.60'
MONUMENT LINE
-- —,--34.45'
1145'50107"W
BADY
STAMPED IS 5797°
BNDY
BOUNDARY
CL
LI 88 61, 35
D(
EXlSflNG
IB 36.00'
MONUMENT ID MONUMENT
PM
PARCEL MAP
PAE
PRIVATE ACCESS EASEMENT
PSE
PUBLIC SERVICE EASEMENT
DSRSD
DUBLIN SAN RAMON SERVICES DISTRICT
EVAE
2
SWE
SIDEWALK EASEMENT
(R)
RADIAL BEARING
ROW
RIGHT OF WAY
( )
PULLBACK DISTANCE
24
RECORD DATA
Q3
v
RMOST WESTERLY STRIP OF CAMPUS
VACATED
/�—DREVE BY TH
IS MAP.
1,358 SF
PARCEL 2
(R-1)
I SEE SHEET 3 AND 4 FOR EASEMENT NFORMARON
2'. MONUMENT TIES ARE PERPENDICULAR TO THE MONUMENT UNE UNLESS
OTHERWISE NOTED.
PURSUANT TO ARTICLE 2, SECTION 6643&� OF THE SUBDIVISION MAP ACT,
THIS MAP SHALL CONSTITUTE THE
�
ABANDONMENT IN ITS ENTIRELY WITHIN
THE BOUNDARIES OF THIS MAP:
1. ALL OF THE 10' WIDE PUBLIC SERVICE EASEMENT (PSE) AND SIDEWALK
EASEMENT (SWE) ALONG DUBLIN BOULEVARD DEDICATED ON PARCEL
MAP 7395, RECORDED IN BOOK 254 OF PARCEL MAPS, PAGES 28
THROUGH 37, ALAMEDA COUNTY RECORDS.
2. THE MOST EASTERLY 10 FOOT WIDE STRIP OF IRON HORSE PARKWAY
AS DELINEATED ON THIS MAP.
1 THE MOST WESTERLY STRIP OF CAMPUS DREVE. AS DEL-INEATED ON
IL I - i THIS MAP.
o
N88'46
I r4 W4 10.00i BNDY
I
-J) pm-
N" * 46q'3S'W
3�6.0p
0'
-NIOST WESTERLY STRIP OF
In CAMPUS DRIVE VACATED BY
THIS AAP
C' 1
,358 SF
— 91.90' BNDY
46'--
50, (R-I)–r-- 38,
N31'35'05"E
7.91' BNDY
41'
51' th
11'13'25"T 832.31' M-M (R-1)
94,
RIF—FIR dm.
PARCEL MAP 7892 BK. 280 PG. 83-85 ALAMEDA COUNTY RECORDS
TRACT 7525 BK. 279 PG. 97-100 ALAMEDA COUNTY RECORDS
i PARCEL MAP 7395 BK. 254 PG. 28-37 ALAMEDA COUNTY RECORDS
CERTIFICATE OF CORRECTION SERIES NO. 2008-129297, ALAMEDA
COUNTY RECORDS
(R-5) PARCEL MAP 7893 SK. 308 PG. 64-67 ALAMEDA COUNTY RECORDS
MIUNDR-1.
THE LANDS INCLUDED IN THIS TRACT MAP ARE SUBJECT To THE
F011OWING TERMS, PROVISIONS, EASEMENTS, AND EXCEPTION&
1. COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN
THE DOCUMENT RECORDED AUGUST 4, 1997 AS INSTRUMENT
NO. 97-194235 OF OFFICIAL RECORDS
2. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT
ENTFM AGREEMENT FOR THE MRIGATION OF DEVELOPMENT
IMPACTS UPON THE SCHOOL FACIUMES OF THE DUBLIN
UNIFIED SCHOOL DISTRICT RECORDED OCTOBER 18, 2005 AS
INSTRUMENT NO. 2005448472 OF OFFICIAL RECORDS
3. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT
ENTITLED DEVELOPMENT AGREEMENT RECORDED MARCH 10,
2006 AS INSTRUMENT NO. 2006090936 OF OM- CAL RECORDS
DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED
DECEMBER 23, 2010 AS INSTRUMENT NO. 2010386287 OF
OFFICIAL RECORDS
4. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT
ENTITLED MEMORANDUM OF AGREEMENT RECORDED MARCH 20,
2007 AS INSTRUMENT NO. 2007111802 OF OFFICIAL RECORDS
5. OIL, MINERALS OR GAS AS EXCEPTED IN THAT CERTAIN DEED
FROM THE UNITED STATES OF AMERICA, RECORDED ON AUGUST
4 1997 AS DOCUMENT No. 97194235, ALAMEDA COUNTY
THE BEARING OF NORTH 01'13*25* CAST ALONG IRON HORSE PARKWAY
BETWEEN FOUND MONUMENTS AS SHOWN ON PARCEL MAP 7892, FILED
IN BOOK 280 OF PARCEL MAPS AT PAGES 83 THROUGH 85, ALAMEDA
COUNTY RECORDS, WAS USED AS THE BASIS OF BEARINGS FOR THIS
TRACT MAP.
LEGEND
BOUNDARY LINE
LOT LINE /PARCEL UNE
EXISTING RIGHT OF VlAY/PROPFRTY LINE
EASEMENT LINE
............
. EASEMENT TIE LINE
MONUMENT LINE
FOUND CITY OF DUBLIN MEET MONUMENT
STAMPED IS 5797°
BNDY
BOUNDARY
CL
CENTERLINE
D(
EXlSflNG
M-M
MONUMENT ID MONUMENT
PM
PARCEL MAP
PAE
PRIVATE ACCESS EASEMENT
PSE
PUBLIC SERVICE EASEMENT
DSRSD
DUBLIN SAN RAMON SERVICES DISTRICT
EVAE
EMERGENCY VEHICLE ACCESS EASEMENT
SWE
SIDEWALK EASEMENT
(R)
RADIAL BEARING
ROW
RIGHT OF WAY
( )
PULLBACK DISTANCE
(R-4)
RECORD DATA
Q3
Curve Table L
Line Table L
Line Table
Curve 9 R
Radius D
Delta L
Length L
Line 0 B
Bearing L
Length L
L-. H R
RcsmD L
Length
Cl 5
5.50' 4
45'00'00" 4
4.32' L
Li N
N46'13'25'E 9
9.04' L
L41 \
\11-13'25`E 5
5.46'
G2 5
5.50' 4
45*00'00' 4
4.32' L
L2 N
N88'46'36'W 2
29.89' L
L42 N
N88'46'35"W 3
3.00'
C3 5
5150' 4
45'00'00' 4
4.32' L
L3 N
N43'46'35 'W 9
9.04' L
L43 N
N88 *46'35 'W 4
4,00'
G4 1
14,50' 9
90'00'00' 2
22.78' L
L4 N
N88'46'35 'W 2
20.41' L
L44 N
N88'46'35 1V 4
4.00'
15 6
6.50' 8
86'09'01' 9
9.77' L
L5 R
R116-13-15" 9
9.04- L
L45 N
N1 '13'25'
GO 1
1.50' 9
93'50'59' 2
2.46' _
_L6 N
N'1'13'25'E 3
39.51' L
L46 N
N88'46'35'W 2
25.00'
C7 1
1,50' 9
90'00'00' 2
2.36' L
L7 I
IN ' 13 '25' E 1
1.71. L
L47 N
Nl'13'25"E 1
17.46'
08 1
1.50' 9
90'00'00' 2
2.36' L
LB N
N88'46'35"W 5
51.75' 1
1-48 N
N88'46'35'W 2
2.75'
GO 1
1.50' 9
98'10'09' 2
2.57' L
L9 I
Ill 'l 3'25 " E 2
2.75' L
L49 N
N1 '13'25'E 1
17.50'
010 6
6,50' 8
81*49'51" 9
9.28' L
L10 N
N88'46'35 1V 1
17.50' L
L50 N
N88'46'35'W 2
2,75'
Gil 1
14.50' 9
90'00'00" 2
22.78' L
Lll N
NI'13'25"E 2
2.75' L
L51 N
N88'46'35"IN 2
2.75'
012 5
5.50' 4
45'00'00 4
4 32' L
L12 1
1488'46'35's 7
73.63' L
L52 N
N88'46'35 'W 3
37.71'
013 6
6.50' 8
81'50'05' i
ii-I L
L13 N
NI'13'25"E 1
1.75' L
L53 N
N46'13'25"E 1
16.36'
G14 9
"50'
9"'0 07" 2
2.57' 1
114 N
NI'13'25'E 3
39.55' L
L54 N
NI'13'25"E 1
16.72'
cis 9
90°00'00°
2,36' L
L15 M
M43'46'35 " VV 9
9,04' L
L55 N
N84 5 44"E 1
12.84'
-- "
1 - s" - R
' D�' 2
-
L16 M
M88'46'35"VO 4
40.41' L
L56 N
N7 '13'25'E 7
7.08,
--- -
- 1
93°51'22" 2
-
L17 M
MI*13'25'E 2
29.92' L
L57 N
N88'46'35"VV 7
7.75'
GIB 6
6.50' 8
86'27'03' 9
9.811 L
L18 N
N1'13'25"E 1
1.75' L
L58 N
NI'13'25'E 1
13.23'
C19 9
9.50' 7
74'57'32" 1
12.43' L
L19 N
N88'46'35'W 7
73.63' L
L59 m N
N46'13'25'E 9
9,29'
C20 0
0.50' 1
105'02'28" 0
0.92' L
L20 N
N1'13'25'E 2
2.75' L
L60 N
N88'46'35'W 3
34.63'
C21 1
1.50' 9
90'00'00" 2
2.36' L
L21 1
1488'46'35'W 1
17.50' L
L61 N
N88*46'35'Vi 2
29,73'
C22 1
1.50' 9
90'00'00" 2
2.36' L
L <2 I
IN' 1 ' 13'25 " E 2
2.75' L
L62 N
N88'46'15 " 11 1
1
C23 0
0.50' 1
107'31'W L
0�94' N
D
N._46,
51.75' L
L63 N
N1 '13'25"E 2
24.00-
024 9
9.50' 7
72'28'14" 1
12.02' L
L24 N
N1 '13'25'E 1
1.75' L
L64 N
NBB'46'35"4i 1
17.50'
G26 1
14.50' 8
84'49'18" 2
21.46" L
L25 N
N1 '13'25"E 3
33.48' L
L65 N
N1 '13'25"E 1
12.50'
C26 1
1.50' 9
95'10'42' 2
2,49' L
L26 N
N1'13'25"E 1
1.75' L
L66 N
N88*46'35'W 1
17.50-
027 1
1.50' 9
90'00'00' 2
2.36' L
L27 N
N88'46'35'al 5
51.75' L
L67 N
N1 '13'25"E 2
24.00'
C28 1
1.50' 9
90'00'00' 2
2.36' L
L28 N
N1 '13'25'E 2
2.75' L
L68 N
N88-46-35-W 1
16.00'-
C29 1
1.50' 9
90'00'00' 2
2..36' L
L29 N
N88'46'35"W 1
17.50'
L69 N
N-1 - I- E 2
26.47'
C30 1
1.50' 9
90'00'00" 2
2.36' L
L30 1
141 °13'25 "E 2
2.75' L
L70 N
N88'46'35'W 3
33.57'
C31 1
1.50' 9
94'46'51' 2
2.48' L
L31 H
H88'46'35 'W 7
73.62' L
L71 N
N88'46'35"Ik' 4
4,00'
032 6
6.50' 8
85'13'09' 9
9.67' L
L32 N
N1 '13'25'E 1
1.75' L
L72 N
N1 '13'25"E 1
15.00'
C33 9
9.50' 6
69'53'40' 1
11.58' L
L33 M
M88'46'35'W 3
36.23' L
L73 N
N88'46'35 `W 4
4,00'
034 1
1.50' 1
110'06'20" 2
2.88' L
L34 N
N88'46'35"W 2
2.75' L
L74 W
W13'25'E 2
2.31'
C35 1
1.50' 9
90'00'00' 2
2.36' L
L35 I N
N88*46'35"W 2
2.75' L
L75 N
NI'13'25'E 1
11.58'
C36 1
1.50' 9
90*00'00' 2
2.36' L
L36 N
N1 '13'25"E 1
17.50' L
L76 N
N88'46'35"W 6
6.00'
C37 1
1150, 9
90,00,001, 2
2.36, L
L37 N
N88 46 3 A
2 75' L
L77 N
N88'46'35'Vi 8
8100,
C38 1
1.50' 1
123*53'49" 3
3.24' L
L38 N
A5W 2
C
C39 1
14.50' 5
56'06'11' 1
14.20' L
L39
NN'13.25'F
C40 1
1.50' 3
33'36'19. 0
0.88, L
L40 N
N85.53'l 5, E
C41 4
4.50' 9
90'00'00' 7
7.07'
I I
I
L51 I
C42 4
4.50' 9
90'00'00" 7
7.07'
C43 4
4.50' 9
---- I
7.07' I
MRAMIRMW
DIE BEARING OF WORTH 01'13'25' EAST ALONG IRON MORSE PARKWAY
BETWEEN FOUND MONUMENTS AS SHOWN ON PARCEL MAP 7892, FILED
IN BOOK 280 OF PARCEL MAPS AT PAGES 83 THROUGH 85, ALAMEDA
COUNTY RECORDS, WAS USED AS THE BASIS OF BEARINGS FOR THIS
TRACT MAP.
DjLLNQTF'.-
THE LANDS INCLUDED IN THIS TRACT MAP ARE SUBJECT -10 THE
FOU-OWING TERMS, PROVISIONS, EASEMENTS, A34D EXCEPTIONS.
1. COVENANTS, CONDMONS, RESTRICTIONS AND EASEMENTS IN
DIE DOCUMENT RECORDED AUGUST 4, 1997 AS INSTRsuvIll'if
NO. 97-194235 OF OFFICIAL RECORDS
2. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT
ENTITLED AGREEMENT FOR THE MITIGATION OF DEVELOPMENT
IMPACTS UPON THE SCHOOL FACILITIES OF THE DUBLIN
UNIFIED SCHOOL DISTRICT RECORDED OCTOBER 18, 2005 AS
INSTRUMENT NO. 2005448472 OF OFFICIAL, RECORDS
3. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT
ENTITLED DEVELOPMENT AGREEMENT RECORDED MARCH 10,
2006 AS INSTRUMENT NO. 2006090936 OF OFFICIAL RECORDS
DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED
DECEMBER 23, 2010 AS INSTRUMENT W 2010386287 OF
OFFICIAL RECORDS
4. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT
ENTITLED MEMORANDUM OF AGREEMENT RECORDED MARCH 20,
2007 AS INSTRUMENT NO, 2007111802 OF OFFICIAL RECORDS
5. OIL, MINERALS OR CAS AS EXCEPTED IN THAT CERTAIN DEED
FROM THE UNITED STATES OF AMERICA, RECORDED ON AUGUST
4, 1997 AS DOCUMENT No. 97194235, ALAMEDA COUNTY
RECORDS.
LEGEND
BOUNDARY LINE
LOT UNE/PARCEL LINE
EXISTING RIGHT OF WAY/PROPERTY LINE
EASEMENT LINE
EASEMENT TIE LINE
MONUMENT LINE
FOUND CITY OF DUBLIN STREET MONUMENT
STAMPED 'LS 5797'
BNDY BOUNDARY
CL CENTERLINE
EX EXISTING
M-M MONUMENT TO MONUMENT
PM PARCEL MAP
PAE PRIVATE ACCESS EASEMENT
PSE PUBUC SERVICE EASEMENT
DSRSD DUBLIN SAN RAMON SERVICES DISTRICT
EVAE EMERGENCY VEHICLE ACCESS EASEMENT
SWE SIDEVIALK EASEMENT
(R) RADIAL BEARING
ROW RIGHT OF WAY
( ) PULLBACK DISTANCE
(R-4.) RECORD DATA
0
0 30 60
SCALE: 1`=30'
TRACT 7667
FOR CONDOMINIUM PURPOSES
N OF PARCEL 1, AS SHOWN ON PARCEL MAP 7892, RECORDED
IN BOOK 280 OF PARCEL MAPS,
AT PAGES 83 THROUGH 85, AND AS CORRECTED BY
RTIFICATE OF
6.32' R=14,50' I -r-luN omMS 110. 2000-129291
RECORDS ALAMEDA COUNTY RECORDS, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
OROS
' RECORDS
1AMEDA 1, N32'27'11 MIACKRY& SOMPIS
- - - - - - - - - - - "1 0 MWJN DR, RL-1, � 9- (121)1- D111
RECORDS DSRSD DETAIL OCTOBER, 2013
NOT TO SCALE SHEET 3 Of 4 19659,010
0
0 30 60
SCALE: 1`=30'
TRACT 7667
FOR CONDOMINIUM PURPOSES
N OF PARCEL 1, AS SHOWN ON PARCEL MAP 7892, RECORDED
IN BOOK 280 OF PARCEL MAPS,
AT PAGES 83 THROUGH 85, AND AS CORRECTED BY
RTIFICATE OF
6.32' R=14,50' I -r-luN omMS 110. 2000-129291
RECORDS ALAMEDA COUNTY RECORDS, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
OROS
' RECORDS
1AMEDA 1, N32'27'11 MIACKRY& SOMPIS
- - - - - - - - - - - "1 0 MWJN DR, RL-1, � 9- (121)1- D111
RECORDS DSRSD DETAIL OCTOBER, 2013
NOT TO SCALE SHEET 3 Of 4 19659,010
AT PAGES 83 THROUGH 85, AND AS CORRECTED BY
CERTIFICATE OF CORRECTION SERIES No. 2008-129297
R F R! -85 ALAMEDA COUNTY RECORDS ALAMEDA COUNTY RECORDS, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
_I PARCEL "A' 7'12 B' "' PG. 83 MACKAY & SOMPS
_' TRACT B -100 ALAMEDA COUNTY RECORDS
R 1b2 2 iIS� 7 PG. 28-37 ALAMEDA COUNTY RECORDS
PARCEL ' ' B, '9 PG
CERTIFICATE R"AT 71 B' - -129297, ALAMEDA PtMWT�s
R E CORRECTION SERIFS NO, 2008 . . . . . . oa, COUNTY
(R--5) PARCEL MAP 7893 BK. 308 PG. 64-67 ALAMEDA COUNTY RECORDS SHEET 4 OF 4 OCTOBER, 2013 19659,010
Line Ta I RKn_QF DFARINK,:
THE BEARING OF NORTH 01'13'25" EAST ALONG IRON HORSE PARKWAY
Length Line It Bearing BETWEEN FOUND MONUMENTS AS SH GIVES PARCEL MAP 7892, FILED
IN BOOK 280 OF PARCEL MAPS AT PAGES 83 THROUGH 85, ALAMEDA
COUNTY RECORDS, WAS USED AS THE BASIS OF BEARINGS FOR THIS
17�50' L41 NI TRACT MAP-
2,75' L42 11
51.75' L43 1489'46'35"W 17.60'
L44 NI-13'25'E 2.75'
L45 F THE LANDS INCLUDED IN THIS TRACT KW ARE SUBJECT TO THE
39.00' P4:1 til_13 25'E 1.95' EASEMENTS, AND EXCEPTIONS.
FOLLOWING TERMS, PROVISIONS,
9.04' N'.J3' 251E 20.62'
i. cOvERWis. CONDITIONS. RFSTRG+1,01�' AND EASEMONTS 1`4
25.00' THE DOCUMENT RECORDED AUGUST 4, 1997 AS IN51RUMENT
.41' L47 1\88'46'35"VJ - MO. 97-194235 OF OFFICIAL RECORDS
.04' L48 IJI'13'25"E 2.28'
0.75' 2. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT
9.89' L49 1\88'46'35'W ENTITLED AGREEMENT FOR THE MITIGATION OF DEVELOPMENT
IMPACTS UPON THE SCHOOL FACILITIES OF THE DUBLIN
9,04' L50 NB8'46'35'W 2.75' UNIFIED SCHOOL DISTRICT RECORDED OCTOBER 18, 2005 AS
40.42' 191 01*13'25'E 14�67' INSTRUMENT MD. 2.005448472 OF OFFICIAL RECORDS
9.04' 152 N88'46'35'W 2.75' 1 THE TERMS AND PROVISIONS C014TANED IN TH E DOCUMENT
ENTITLED DEVELOPMENT AGREEMENT RECORDED MARCH 10,
39.00' L53 N88 '46'35"IN 2.77' 2006 AS INSTRUMENT NO. 2006090936 OF OFFICIAL RECORDS
2.70' I54 N88'46'35"W 37.69' DOCUMENT(S) DECLARING MODIFICATIONS THEREOF RECORDED
73.63' L55 N88'46'35'W 34,50' DECEMBER 23, 2010 AS INSTRUMENT No. 2010386237 OF
OFFICIAL RECORDS
2.75' 1.56 Nl'13'25'E 8.38'
4. THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT
1.71' L57 Nl'13'25"E 6.99' ENTITLED MEMORANDUM OF AGREEMENT RECORDED MARCH 20,
2007 AS INSTRUMENT NO. 2007111802 OF OFFICIAL RECORDS
73.63' L58 N1 '13'25'E 13-99'
5. OIL, MINERALS OR CAS AS EXCEPTED IN HAT CERTAIN DEED
2.75' L59 IJ88'46'35"VI 1.62' FROM THE UNITED STATES OF AMERICA, RECORDED ON AUGUST
- 4, 1997 AS DOCUMENT No. 97194235, ALAMEDA COUffly
17.50' L60 N1 "13'2 5 "E 7. RECORDS.
2.75' L61 N88'46'36"W 17,50'
51.74' L62 NI'13'25"E 24.00' LEGEND
1,86' L63 1\68 °46'35 "W 17-50' BOUNDARY LINE
LOT UNE/PARCEL U14E
29.54' L64 Ni"13'25"E 34.67' EXISTING RIGHT OF WAY/PROPERTY LINE
2.74' L65 1\88'46'35'W 17.50' EASEMENT LINE
EASEMENT TIE LJ14E
51-75' L66 Nl'13'25'E 15,00, MONUMENT LINE
FOUND CITY OF DUBLIN STREET MONUMENT
2.75' L67 N88'46'35'eI 16.00' STAMPED 'LS 5797'
17.50- L68 NI*13'25'E 23.35' B14DY BOUNDARY
CL CENTERLINE
2.75' L69 NI'13'25"E 15.69' EX EXISTING
73.63' L70 1188'46'35"W 6.00, M-M MONUMENT TO MONUMENT
PM PARCEL MAP
2.70' RAE PRIVATE ACCESS EASEMENT
C25- PSE PUBLIC SERVICE EASEMENT
38.67' DSRSD DUBLIN SA34 RAMON SERVICES DISTRICT
35.70, EVAE EMERGENCY VEHICLE ACCESS EASEMENT
SWE SIDEWALK EASEMENT
2�75� IF
'0' (R) RADIAL BEARING
ROW RIGHT OF WAY
2.75' 0 6 =36 "08'21 " -l_ DSRSD PULLBACK DISTANCE
-9 15,
17.5 L (R-4) RECORD DATA
2.75' 9.70' C26
11 75'
31- fi
2.08,
0 30 60
25.00, L
DSRSD DEFAIL SCALE: 1"=30'
NOT TO SCALE
TRACT 7667
FOR CONDOMINIUM PURPOSES
A SUBDIVISION OF PARCEL 1, AS SHOWN ON PARCEL MAP 7892, RECORDED
N B-1 280 OF PARCEL MAPS
Curve
Table
Line Table
Curve 0
Radius
Delta Length
Line ff
Bearing
C1
1.50,
90,00,001,
2.36'
L1
N88'46'35'VJ
C2
1.50,
90'00'00'
2,36'
L2
N1 '13'26"E
GO
1.50,
93°51'11"
2.46'
_3
N88'46'35'VJ
C4
05
4.50'
16-08'49'
0100'
9.78'
22.78'
-'.-2'
114
L5
L6
NI'13 5"E
Kill
"A6 35"w
C7
5,5W
45'00'00'
4,32'
_7
1\88'46'35'W
C8
5,50'
45*00'00'
4.32'
L8
N46'13'25'E
C9
5.50,
45'00'00'
4,32'
1.9
N88'46'35`e!
0
90'00'00"
22.78'
110
N43-46'35'W
-
C
BI'50'09'
9,28'
LII
1188'46'35 "W
CY2
1.50'
98'09'51"
2.57'
L12
N46'13'25"E
.50,
107`32'54"
0,94'
112
N1 '13'25"E
C14
1.50,
90,00,00,
2136'
114
1\1013'25"E
C15
1.50,
90'00'00'
2.36'
115
N88'46'35'VJJ
C16
0,50-
10501'34`
0.92'
Lib
1\1 '13'25"E
C17
9.50,
74
12.41'
L17
NI'13'26"E
6.50'
86"10'39"
g .7 8'
L18
N88'46'351`1
Gig
1.50-
93 °49'21"
2.46'
L19
Nl'13'25'E
-
020
-
1,50,
90°00'00`
-
2.36'
_20
1188'46'35'W
C21
1150,
90'00'00"
2.36'
L21
N1 '13'25"E
C22
1.50,
98,09
2.57'
122
N88'46'35'W
-
2
-
6.50'
81'50'11'
9.28'
L23
N1 '13'25"E
C24
9.501
72-27'06'
12.01'
L24
N1'13'25 `E
C25
14.50'
80'02'01'
20.25'
L25
Nl'13'25'E
C26
1.50'
99'57'59"
2.62'
L26
N88'46'35'W
C27
1.50'
90,00,001,
2.36'
L27
1\1°13'25"E
028
1.50,
90°00'00'
2.36'
128
N88'46'35'W
029
-
1.50'
90 "00'00"
2.36'
L29
MI'13'25"E
C30
6.50,
62'09'01"
7.05'
L30
N88'46'35"W
031
1.50'
117'60'59"
3.08'
L31
NI'13'25'E
032
1.50,
90'00'00"
2.36'
L32
N1 '13'25"E
C33
90100'?0'
2.36,
L33
N88'46'35"W
C34
1.50'
122 °49'13"
3.22'
L34
N88'46'35"W
C35
C36
6.50'
1.50,
57'07'53"
90'00'00"
6.48'
-
2�36'
L35
-
L36
N88'46'35`sf
-
Nl'13'25"E
C37
1.50,
90'00'00"
2,36'
L37
N88'46'35"W
1.50,
1.50'
90 "00'00"
117'49'25"
2.36'
2,
2
3 2
3
'3
C40
C41
14.50'
4.50'
62*10'35"
90'00'00'
15.74
7.07'
C42
4.50'
90'00'00"
7.07'
C43
4.50'
90'00'00"
7.07'
C44
960,00'
3 °04'56"
51.65'
AT PAGES 83 THROUGH 85, AND AS CORRECTED BY
CERTIFICATE OF CORRECTION SERIES No. 2008-129297
R F R! -85 ALAMEDA COUNTY RECORDS ALAMEDA COUNTY RECORDS, CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA
_I PARCEL "A' 7'12 B' "' PG. 83 MACKAY & SOMPS
_' TRACT B -100 ALAMEDA COUNTY RECORDS
R 1b2 2 iIS� 7 PG. 28-37 ALAMEDA COUNTY RECORDS
PARCEL ' ' B, '9 PG
CERTIFICATE R"AT 71 B' - -129297, ALAMEDA PtMWT�s
R E CORRECTION SERIFS NO, 2008 . . . . . . oa, COUNTY
(R--5) PARCEL MAP 7893 BK. 308 PG. 64-67 ALAMEDA COUNTY RECORDS SHEET 4 OF 4 OCTOBER, 2013 19659,010
RESOLUTION NO. -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING FINAL MAP AND TRACT IMPROVEMENT AGREEMENT
FOR TRACT 7667, ESPRIT AT DUBLIN STATION
WHEREAS, the Final Map for Tract 7667, in the incorporated territory of the City of
Dublin, State of California, has been presented to this City Council for approval, all in
accordance with provisions of the Subdivision Map Act of the State of California and the City of
Dublin Municipal Code; and
WHEREAS, the Developer, Western Pacific Housing, Inc., has executed and filed with
the City of Dublin an Improvement Agreement for Tract 7667 to construct required subdivision
improvements in accordance with the Conditions of Approval for the Tentative Map, and with
the improvement plans referenced therein; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Willis
of Florida, Inc. in the amount of $1,939,000 for the in -tract improvements (Bond No.
21 BSBGP4665), conditioned upon faithful performance of said Agreement; and
WHEREAS, said Tract Improvement Agreement is secured by bonds furnished by Willis
of Florida, Inc. in the amount of $1,939,000 for the in -tract improvements (Bond No.
21 BSBGP4665), conditioned upon payment for labor performed or material furnished under the
terms of said Agreement;
NOW, THEREFORE, BE IT RESOLVED that said agreement and bonds are hereby
approved.
BE IT FURTHER RESOLVED that the City Manager of the City of Dublin is hereby
authorized to execute said Tract Improvement Agreement, attached hereto as Exhibit "A."
BE IT FURTHER RESOLVED that the Final Map of Tract 7667 be and the same is
hereby approved, and that the existing ten foot wide Public Service Easement (PSE) and
Sidewalk Easement (SWE) along Dublin Boulevard is hereby vacated and abandoned in its
entirety, and that the most easterly ten foot wide strip of Iron Horse Parkway and most westerly
two to four foot strip of Campus Drive as delineated on said Map are hereby vacated and
abandoned, and that rights to the Public Service Easement (PSE), Sidewalk Easement (SWE)
and Emergency Vehicle Access Easement (EVAE) offered for dedication to public use in
conformity with the terms of dedication be, and they are hereby accepted, subject to
improvement, and that the Clerk of this City Council is hereby directed to transmit said Map to
the County Recorder for filing.
1
PASSED, APPROVED AND ADOPTED this 19th day of November, 2013 by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
2
Mayor
CITY OF DUBLIN
IMPROVEMENT AGREEMENT
Tract 7667
Esprit at Dublin Station
This agreement is made and entered into this day of , 2013, by
and between the City of Dublin, a municipal corporation, hereinafter referred to as "CITY ",
and Western Pacific Housing, Inc., hereinafter referred to as "DEVELOPER ".
RECITALS
WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State
of California, that DEVELOPER, the subdivider of Tract 7667, also known as Esprit at Dublin
Station, desires to improve and dedicate those public improvements (hereafter "The
Improvements ") in accordance with the requirements and conditions set forth in the City of
Dublin Planning Commission Resolution No. 10 -38 (PA 09 -002), adopted on August 24,
2010, and City Council Ordinance No. 24 -10, adopted on November 2, 2010; the
requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance
of the CITY, and those certain plan and specifications for said development approved by the
City Engineer, as follows:
• "Improvement Plans, Tract 7667 - Esprit at Dublin Station (29 Sheets, Sheets 1 -29),
prepared by MacKay and Somps, Inc, approved , 2013
• "Rough Grading Plan — Pads and Streets Only, Tract 7667 Esprit at Dublin Station" (7
Sheets, Sheets 1 -7), prepared by MacKay and Somps, Inc., approved July 31, 2013
• "Joint Trench Plans - DR Horton Esprit — Tract 7667"(8 Sheets, Sheets JT1 -JT5),
prepared by Giacalone Utility Design and Planning, dated ,
2013 with modifications as necessary for City approval
• "Esprit Tract 7667 Street Lighting" (3 Sheets, Sheets SL1 -SL3), prepared by
Giacalone Utility Design and Planning, dated , 2013 with
modifications as necessary for City approval
• "Esprit — Dublin, CA, Landscape Construction Documents" (36 Sheets, Sheets LC.1 —
LP.9), prepared by Ripley Design Group, Inc., dated , 2013,
with modifications as necessary for City approval.
WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within
the time hereinafter specified, and CITY intends to accept DEVELOPER's offer(s) of
dedication of The Improvements in consideration for DEVELOPER's satisfactory performance
of the terms and conditions of this Agreement; and
WHEREAS, CITY has determined that The Improvements are a public works subject
to California prevailing wage requirements:
NOW, THEREFORE, in consideration of the mutual promises, conditions and
covenants herein contained, the parties agree as follows:
1. Completion Time.
DEVELOPER will commence construction of The Improvements within thirty (30) days
following the date on which CITY executes this agreement. DEVELOPER shall complete
said work not later than two (2) years following said date of execution of this agreement,
unless the completion date is extended by the City Council. Time is of the essence in this
Agreement. Upon completion, DEVELOPER shall furnish CITY with a complete and
reproducible set of final as -built plans of The Improvements, including any authorized
modifications.
2. Estimated Cost of Improvements.
The estimated cost of constructing The Improvements required by this agreement is
agreed to be $1,939,000 and is based on the Bond Estimate — Esprit at Dublin Station, dated
October 28, 2013, prepared by MacKay & Somps, attached to this agreement as Exhibit "A ".
Said amount includes costs and reasonable expenses and fees which may be incurred in
enforcing the obligation secured.
3. Bonds Furnished.
Concurrently with the execution of this Agreement, DEVELOPER shall furnish CITY
with the Following security in a form satisfactory to the City Attorney:
A. Faithful Performance. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one hundred percent (100 %) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be
satisfactorily completed.
B. Labor and Materials. Either a cash deposit, a corporate surety bond issued
by a company duly and legally licensed to conduct a general surety business in the State of
California, or an instrument of credit equivalent to one - hundred percent (100 %) of the
estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S
contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall
be paid therefor.
C. If required by CITY, a cash deposit, corporate surety bond, or instrument of
credit sufficient to assure CITY that the surface water drainage of the subdivision shall not
interfere with the use of neighboring property, including public streets and highways.
K
CITY shall be the sole indemnitee named on any instrument required by this
Agreement. Any instrument or deposit required herein shall conform to the provisions of
Chapter 5 of the Subdivision Map Act.
3. Insurance Required.
Prior to commencing construction of the improvements, DEVELOPER shall obtain or
cause to be obtained and filed with the CITY, all insurance required under this paragraph.
Prior to the commencement of work under this Agreement, DEVELOPER's general contractor
shall obtain or cause to be obtained and filed with the Administrative Services Director, all
insurance required under this paragraph. DEVELOPER shall not allow any contractor or
subcontractor to commence work on this contract or subcontract until all insurance required
for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and
approved. Said insurance shall be maintained in full force and effect until the completion of
work under this Agreement and the final acceptance thereof by CITY. All requirements
herein provided shall appear either in the body of the insurance policies or as endorsements
and shall specifically bind the insurance carrier.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number
GL 0404 covering Broad Form Comprehensive General Liability; or Insurance
Services Office Commercial General Liability coverage ( "occurrence" form
CG 0001.)
2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
3) Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4) Minimum Limits of Insurance. DEVELOPER shall maintain limits no
less than:
a) General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property damage.
If commercial General Liability Insurance or other form with a
general aggregate limit is used, either the general aggregate limit
shall apply separately to this project /location or the general
aggregate limit shall be twice the required occurrence limit.
b) Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
c) Workers' Compensation and Employers Liability: Workers'
compensation limits as required by the Labor Code of the State of
California and Employers Liability limits of $1,000,000 per
accident.
B. Deductibles and Self- Insurance Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the CITY. At the option of the
CITY, DEVELOPER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
C. Other Insurance Provisions. The policies are to contain, or be endorsed to
contain, the following provisions:
1) General Liability and Automobile Liability Coverages.
a) The CITY, its officers, agents, officials, employees and volunteers
shall be named as additional insureds as respects: liability arising
out of activities performed by or on behalf of the DEVELOPER;
products and completed operations of the DEVELOPER;
premises owned, occupied or used by the DEVELOPER; or
automobiles owned, leased, hired or borrowed by the
DEVELOPER. The coverage shall contain no special limitations
on the scope of the protection afforded to the CITY, its officers,
officials, employees or volunteers.
b) The DEVELOPER's insurance coverage shall be primary
insurance as respects the CITY, its officers, officials, employees
and volunteers. Any insurance or self- insurance maintained by
the CITY, its officers, officials, employees or volunteers shall be
excess of the DEVELOPER's insurance and shall not contribute
with it.
c) Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the CITY, its officers, officials,
employees or volunteers.
d) The DEVELOPER's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
2) Workers' Compensation and Employers Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the
CITY, its officers, officials, employees and volunteers for losses arising from
work performed by the DEVELOPER for the CITY.
4
3) All Coverages.
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, cancelled by either party, reduced in
coverage or in limits except after thirty (30) days' prior written notice by certified mail,
return receipt requested, has been given to the CITY.
a) Acceptability of Insurers. Insurance is to be placed with insurers
with a Bests' rating of no less than ANIL
b) Verification of Coverage. DEVELOPER shall furnish CITY with
certificates of insurance and with original endorsements effecting
coverage required by this clause. The certificates and
endorsements for each insurance policy are to be signed by a
person authorized by that insurer to bind coverage on its behalf.
The certificates and endorsements are to be received and
approved by the CITY before work commences. The CITY
reserves the right to require complete, certified copies of all
required insurance policies, at any time.
c) Subcontractors. DEVELOPER and /or DEVELOPER's general
contractor shall include all subcontractors as insureds under its
policies or shall obtain separate certificates and endorsements for
each subcontractor. All coverages for subcontractors shall be
subject to all of the requirements stated herein.
4. Work Performance and Guarantee.
Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER
guarantees all work executed by DEVELOPER and /or DEVELOPER's agents, and all
supplies, materials and devices of whatsoever nature incorporated in, or attached to the
work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be
free of all defects of workmanship and materials for a period of one (1) year after initial
acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such
work or material, together with all or any other work or materials which may be displaced or
damaged in so doing, that may prove defective in workmanship or material within said one -
year guarantee period without expense or charge of any nature whatsoever to CITY.
DEVELOPER further covenants and agrees that when defects in design, workmanship and
materials actually appear during the one -year guarantee period, and have been corrected,
the guarantee period shall automatically be extended for an additional year [HOLD]to insure
that such defects have actually been corrected.
In the event the DEVELOPER shall fail to comply with the conditions of the foregoing
guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall
have the right, but shall not be obligated, to repair or obtain the repair of the defect, and
DEVELOPER shall pay to CITY on demand all costs and expense of such repair.
Notwithstanding anything herein to the contrary, in the event that any defect in workmanship
or material covered by the foregoing guarantee results in a condition which constitutes an
immediate hazard to the public health, safety, or welfare, CITY shall have the right to
immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY
on demand all costs and expense of such repair. The foregoing statement relating to
hazards to health and safety shall be deemed to include either temporary or permanent
repairs which may be required as determined in the sole discretion and judgment of CITY.
If CITY, at its sole option, makes or causes to be made the necessary repairs or
replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual
costs and expenses of such repair or work, fifty percent (50 %) of such costs and expenses
for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30)
days from the date of billing for such work or repairs.
5. Inspection of the Work.
DEVELOPER shall guarantee free access to CITY through its City Engineer and
designated representative for the safe and convenient inspection of the work throughout its
construction. Said CITY representative shall have the authority to reject all materials and
workmanship which are not in accordance with the plans and specifications, and all such
materials and or work shall be removed promptly by DEVELOPER and replaced to the
satisfaction of CITY without any expense to CITY in strict accordance with the improvement
plans and specifications.
6. Agreement Assignment.
This Agreement shall not be assigned by DEVELOPER without the written consent of
CITY, which shall not be unreasonably withheld, denied, or delayed.
7. Abandonment of Work.
Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be
considered to be agents of CITY in connection with the performance of DEVELOPER's
obligations under this Agreement.
If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable
part thereof, with such diligence as will insure its completion within the time specified, or any
extension thereof, or fails to obtain completion of said work within such time, or if
DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the
benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER,
or any of DEVELOPER's contractors, subcontractors, agents or employees should violate
any of the provisions of this Agreement, the CITY through its City Engineer may serve written
notice on DEVELOPER and DEVELOPER's surety or holder of other security of breach of
this Agreement, or of any portion, thereof, and default of DEVELOPER.
In the event of any such notice of breach of this Agreement, DEVELOPER's surety
shall have the duty to take over and complete The Improvements herein specified; provided,
however, that if the surety, within thirty (30) days after the serving upon it of such notice of
breach, does not give CITY written notice of its intention to take over the performance of the
contract, and does not commence performance thereof within thirty (30) days after notice to
CITY of such election, CITY may take over the work and prosecute the same to completion,
by contract or by any other method CITY may deem advisable, for the account and at the
expense of DEVELOPER and DEVELOPER's surety shall be liable to CITY for any damages
and /or reasonable and documented excess costs occasioned by CITY thereby; and, in such
event, CITY, without liability for so doing, may take possession of, and utilize in completing
the work, such materials, appliances, plant and other property belonging to DEVELOPER as
may be on the site of the work and necessary therefor.
All notices herein required shall be in writing, and delivered in person or sent by
registered mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Andrew Russell, City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
(925) 833 -6630
Notices required to be given to DEVELOPER shall be addressed as follows:
Jed Bennett
D.R. Horton, Inc.
5050 Hopyard Road, Suite 180
Pleasanton, CA 94588
(925) 225 -7400
Notices required to be given surety of DEVELOPER shall be addressed as follows:
Any party or the surety may change such address by notice in writing to the other party
and thereafter notices shall be addressed and transmitted to the new address.
8. Use of Streets or Improvements.
At all times prior to the final acceptance of the work by CITY, the use of any or all
streets and improvements within the work to be performed under this Agreement shall be at
the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy
permit by CITY for dwellings located within the tract shall not be construed in any manner to
constitute a partial or final acceptance or approval of any or all such improvements by CITY.
DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or
occupancy permits when the work or its progress may substantially and /or detrimentally
affect public health and safety.
9. Safety Devices.
DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers,
regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as
may be necessary to prevent accidents to the public and damage to the property.
DEVELOPER shall furnish, place, and maintain such lights as may be necessary for
illuminating the said fences, barriers, signs, and other safety devices. At the end of all work
to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights,
and other safety devices (except such safety items as may be shown on the plans and
included in the items of work) shall be removed from site of the work by the DEVELOPER,
and the entire site left clean and orderly.
10. Acceptance of Work.
Upon notice of the completion of all tract work and the delivery of a set of final as -built
plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated
representative, shall examine the tract work without delay, and, if found to be in accordance
with said plans and specifications and this Agreement, shall recommend acceptance of the
work to the City Council and, upon such acceptance, shall notify DEVELOPER or his
designated agents of such acceptance.
11. Patent and Copyright Costs.
In the event that said plans and specifications require the use of any material, process
or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be
liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including
attorneys' fees and court costs, which may result from the use of said patented or copyrighted
material, process or publication.
12. Alterations in Plans and Specifications.
Any alteration or alterations made in the plans and specifications which are a part of
this Agreement or any provision of this Agreement shall not operate to release any surety or
sureties from liability on any bond or bonds attached hereto and made a part hereof, and
consent to make such alterations is hereby given, and the sureties to said bonds hereby
waive the provisions of Section 2819 of the Civil Code of the State of California.
13. Liability.
A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the
design and construction of The Improvements will not adversely affect any portion of
adjacent properties and that all work will be performed in a proper manner.
DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and
each of its elective and appointive boards, commissions, officers agents and
employees, from and against any and all loss, claims, suits, liabilities, actions,
damages, or causes of action of every kind, nature and description, directly or
indirectly arising from an act or omission of DEVELOPER, its employees, agents, or
independent contractors in connection with DEVELOPER'S actions and obligations
hereunder; provided as follows:
1) That CITY does not, and shall not, waive any rights against
DEVELOPER which it may have by reason of the aforesaid hold harmless
agreement, because of the acceptance by CITY, or the deposit with CITY by
DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof.
2) That the aforesaid hold harmless agreement by DEVELOPER shall
apply to all damages and claims for damages of every kind suffered, or alleged
to have been suffered, by reason of any of the aforesaid operations referred to
in this paragraph, regardless of whether or not CITY has prepared, supplied
[STAYS], or approved of plans and /or specifications for the subdivision, or
regardless of whether or not such insurance policies shall have been
determined to be applicable to any of such damages or claims for damages.
3) Design Defect. If, in the opinion of the CITY, a design defect in the
work of improvement becomes apparent during the course of construction, or
within one (1) year following acceptance by the CITY of the improvements, and
said design defect, in the opinion of the CITY, may substantially impair the
public health and safety, DEVELOPER shall, upon order by the CITY, correct
said design defect at his sole cost and expense, and the sureties under the
Faithful Performance and Labor and Materials Bonds shall be liable to the CITY
for the corrective work required. [STAYS]
4) Litigation Expenses. In the event that legal action is instituted by
either party to this Agreement, and said action seeks damages for breach of
this Agreement or seeks to specifically enforce the terms of this Agreement,
and, in the event judgment is entered in said action, the prevailing party shall be
entitled to recover its attorneys' fees and court costs. If CITY is the prevailing
party, CITY shall also be entitled to recover its attorney's fees and costs in any
action against DEVELOPER's surety on the bonds provided under paragraph 3.
14. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in
duplicate at Dublin, California, the day and year first above written.
CITY OF DUBLIN
Joni Pattillo, City Manager
ATTEST:
City Clerk
DEVELOPER
Western Pacific Housing, Inc.
By
Print Name
Title
10
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
On ` '�r n�?'� ;� `° , 2013, before me, Amie Bautista ,Notary Public,
personally appeared � K M 0 1 t
who 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.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
X F
Signature
AMIE BAUTISTA
Commission # 1980565
Notary Public - California z
Alameda County D
(Seal) My Comm. Expires Jun 2, 2016 J
19659 -010
10/2812013 KEC
BOND ESTIMATE
ESPRIT AT DUBLIN - 105 LOTS
This Bond Estimate is based on Improvement Plans dated October 2013
TRACT 7667 - CITY OF DUBLIN
ITEM
QUANTITY
UNIT
DESCRIPTION UNIT PRICE
AMOUNT
A. GRADING & STREETWORK
1.
48,632
SF
Finish grading alleys
0.25
$12,160
2,
11
EA
Finish Building lot grading
1,000.00
11,000
3.
46,516
SF
Finish grading Campus Drive and Dublin Blvd
0.25
11,630
4.
3,085
SF
Pedestrian path to Arnold Road -2" AC on 4" AB
1.62
5,000
5.
80,987
SF
3" AC pavement
1.35
109,330
6.
2,811
SF
6.5" AC pavement - Dublin Blvd
2,93
8,240
7.
29,575
SF
14" AB on Campus Drive
2.50
73,940
8.
2,811
SF
27" AB on Dublin Blvd
4.82
13,550
9.
51,412
SF
11" AB on Alleys
2.00
102,820
10.
3,966
SF
4" AB under valley gutter and handicap ramps
0,72
2,860
11,
1,193
SF
4" AB under curb & gutter
0.72
860
12,
4
EA
Stop and street name sign
450.00
1,800
13,
8
EA
Street name sign
300.00
2,400
14.
4
EA
Stop bar & legend
600.00
2,400
15,
12
EA
Traffic signs
220.00
2,640
16.
Lump Sum
Traffic striping
2,000.00
2,000
17,
7
EA
Pavement reflectors at fire hydrants
25.00
180
ESTIMATED TOTAL GRADING & STREET WORK:
$362,890
S. CONCRETE WORK
1.
2,884
LF
Standard curb & gutter
15.00
$43,260
2.
2,563
LF
Vertical curb
13.50
34,600
3:.
16
EA
Curb inlet
4,200.00
67,200
4.
2,773
SF
3' wide valley gutter
3.75
1 0,400.
5.
1,193
SF
Handicap ramps
4.00
4,770
6.
3
EA
Storm drain field inlet
1,800:00
5,400
7;
1
EA
Type D inlet
3,500.00
3,500
8.
2,884
LF
4" SDR drain under curb & gutter
9.50
27,400
ESTIMATED TOTAL CONCRETE WORK;
$196,530
CIViL
19659 -01- 10282013 -KEG- Esprit -Bond estimate sewer water_inciiided No_GRADING Asm 1 of 5
19659 -010
10/28/2013 I<EC
ITEM QUANTITY UNIT DESCRIPTION UNIT PRICE AMOUNT
C. , SANITARY SEWER
1, 17 EA Manhole including reset rim to finish grade 3,500,00 59,500
2. 2,021 LF 8" Sanitary sewer main 32,50 65,680
3. 105 EA 4" Sanitary lateral 450.00 47,250
ESTIMATED TOTAL SANITARY SEWER. $172,430
D. STORM DRAIN WORK
1.
12
EA
Manholes Including reset to finish grade
4,000,00
$48,000
2,
20
LF
36" Storm drain
100,00
2,000
3,
344
LF
24" Storm drain
60,00
20,640
4.
314
LF
18" Storm drain
45.00
14,130
5,
601
LF
15" Storm drain
40.00
24,040
6.
671
LF
12" Storm drain
35.00
23,490
7.
1
EA
CDS unit west Esprit Loop
16,100.00
16,1.00
8.
1
EA
CDS unit east Esprit Loop
20,700.00
20,700
9.
1
EA
CDS unit Campus Drive
65,000.00
65,000
E, WATER SYSTEM WORK
1.
631
LF
2.
2,184
LF
3,
278
LF
4,
101
LF
5,
101
LF
6,
7
EA
7.
1
EA
8,
108
EA
9.
105
EA
10,
2
EA
11,
1
EA
12.
4
EA
13,
2
EA
14,
3
EA
15,
11
EA
ESTIMATED TOTAL STORM DRAIN WORK:
12" Main including valves & fittings
8" Main including valves & fittings
8 " Reclaimed water Main including valves &
2" Reclaimed water service including valves &
fittings
4" Casing for 2" reclaimed water service
Fire hydrants Including valve & run
Relocate hydrant
1" Meter box
11" Service
1,5" Irrigation service
1.5" Irrigation service- reclaimed
Blowoff valves
Air release valves
Connect to existing main
Fire Department assemblies
ESTIMATED TOTAL WATER SYSTEM WORK:
- F. ELECTRICALMOINT TRENCH
1, 14 EA -Single arm "Decorative" electrolier including
conduit & boxes
2. 19 EA Private street lights
3. 6 EA Private Bollard lights
4. 11 UNITS Joint trench (including service completions)
ESTIMATED TOTAL ELECTRICAL WORK;
$234,100
52,00
32,810
45.00
98,280
45,00
12,510
15.00
1,520
15.00
1,520
4,500.00
31,500
1,000,00
1,000
150.00
16,200
800,00
84,000
1,000.00
2,000
1,000.00
1,000
1,500.00
6,000
1,000.00
2,000
2,500.00
7,500
5,000,00
55,000
$352,840
3,500,00 $49,000
2,500,00 $47,500
2,000.00 $12,000
6,000.00 66,000
$'174,500
19669.01- 10282013-KEC- Esprit -Bond estimate_sewer water_included_No_GRADWG,xlsm • 2 of 5
19659 -010
10/28/2013 KEC
ITEM QUANTITY UNIT I DESCRIPTION UNIT PRICE AMOUNT
G. LANDSCAPE & IRRIGATION
1. 13,602 SF Walkways, landscaping & irrigation 6.00 $81,610
ESTIMATED TOTAL LANDSCAPE PLANTING & IRRIGATION~ $81,610
H. MISCELLANEOUS CONSTRUCTION
1. Lump Sum 6" irrigation sleeves 1,000.00 $1,000
ESTIMATED TOTAL MISCELLANEOUS CONSTRUCTION: $1,000
19659 -01- 10282013- KEC - Esprit -Bond estimate_sewer water included No GRADING .xlsm 3 , Of 5
TR7667 Bond Est 10 -31 -2013
11/5/2013
BOND ESTIMATE
DATE:
10/31/2013
ESPRIT AT DUBLIN STATION
REVISED:
TRACT: 7667
REVISED:
Engineer's Estimate prepared by MacKay &
Somps (Oct 2013)
A
GRADING AND STREETWORK
$ 362,810.00
B
CONCRETE WORK
$ 196,530.00
C
SANITARY SEWER
$ 172,430.00
D
STORM DRAIN WORK
$ 234,100.00
E
WATER SYSTEM WORK
$ 352,840.00
F
ELECTRICAL /JOINT TRENCH
$ 174,500.00
G
LANDSCAPE & IRRIGATION
$ 81,610.00
H
MISCELLANEOUS
$ 1,000.00
Total Construction:
$ 1,575,820
TOTAL CONSTRUCTION:
$1,576,000.00
15% CONTINGENCY
$236,400.00
8% ENG.:
$126,080.00
FAITHFUL PERFORMANCE BOND:
$1,939,000.00
LABOR & MATERIAL BOND:
$1,939,000.00
Page 1 of 1
RESOLUTION NO. -13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH TRACT 7667,
ESPRIT AT DUBLIN STATION
WHEREAS, a Vesting Tentative Map for Tract 7667 for Esprit at Dublin Station was
approved by Planning Commission Resolution 10 -38 on August 24, 2010 with Conditions of
Approval; and
WHEREAS, said Conditions of Approval required the developer to construct project -
related landscape features within the public rights -of -ways; and
WHEREAS, developer is required to enter into an "Agreement for Long -Term
Encroachment" for the maintenance of the landscape features; and
WHEREAS, the developer has executed and filed with the City of Dublin a Tract
Improvement Agreement to improve required Tract improvements, including said landscape
features; and
WHEREAS, the developer has executed and filed with the City of Dublin an Agreement
for Long Term Encroachment for Landscape Features with Tract 7667, Esprit at Dublin Station,
attached hereto as Exhibit "A ";
NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City
Council to execute the Agreement.
BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to
transmit said Agreement to the County Recorder for filing.
PASSED, APPROVED AND ADOPTED this 19th day of November, 2013, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor
Recording Requested By:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN TRACT 7667,
ESPRIT AT DUBLIN STATION
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITHIN TRACT 7667 ( "Agreement ") is made between the City of Dublin ( "City ")
and Western Pacific Housing Inc. ( "Owner ").
1. Property: The subject property is Tract 7667 as filed in Book of Maps at
Pages , in the Official Records of the County of Alameda, State of
California.
2. Developer: Owner is the owner of Tract 7667, Esprit at Dublin Station,
( "Project ").
3. Landscape Features: Owner, as part of the Project, anticipates the construction
of Project related landscape features within the City's rights of ways on the
following streets in Tract 7667: Iron Horse Parkway, Campus Drive, Martinelli
Way and Dublin Boulevard (collectively, the "Landscape Features ").
Construction details for these Landscape Features are shown on the "Esprit,
Dublin, California, Landscape Construction Documents, " prepared by Ripley
Design Group, dated , 2013, with
modifications as necessary for City approval. The scope of the improvements
covered under the agreement is shown on the attached Exhibit A.
4. Encroachment Permit: Owners shall apply to the City for an encroachment
permit for work to be performed pursuant to this Agreement. The City must grant
the encroachment permit for all work to install, operate and maintain the
Landscape Features improvements and all the conditions imposed by the City
must be consistent with the provisions of this Agreement. If there is a conflict
between any provisions of this Agreement and the encroachment permit, the
provisions of this Agreement shall prevail over the conditions of the
encroachment permit.
5. Ownership: Owners shall own all special Landscape Features, including but not
limited to fountains, arches, monuments, etc.
6. Operations and Maintenance: Owners shall maintain and repair all the
Landscape improvements, including all frontage and island landscape plantings,
irrigation, and sidewalks within the designated areas, in a safe manner consistent
with the approved plans to the reasonable satisfaction of the City at its sole cost
and expense, including electric power and water cost. Owner will be responsible
at its sole cost to replace or repair any Landscape Feature damaged or removed
during the maintenance or repair of sewer, water, drainage or utility
improvements by the City, Dublin San Ramon Service District or utility company,
unless such damage or removal is caused by the negligence, gross negligence or
willful misconduct of the City, Dublin San Ramon Service District or utility
company. The City will maintain at its sole cost all asphalt concrete pavement,
concrete curb and gutter, drainage improvements, traffic signs and striping, and
streetlights and any other features in the public right of way.
7. Removal or Relocation: If future improvements proposed by the City conflict
with any of the Landscape Features, the City may remove or reasonably relocate
the Landscape Feature at its sole cost. If any of the Landscape Features are
relocated, the City and Owners will execute a modification to this Agreement to
reflect the maintenance and operations at its new location. Provided, however, the
City is under no obligation to relocate any of the Landscape Features.
8. Insurance: Owners shall obtain and maintain in effect a combined single limit
policy of liability insurance not less than one million dollars ($1,000,000)
covering the Landscape Features improvements and shall name the City as an
additional insured.
9. Indemnification: Owners shall indemnify, defend and hold the City harmless
from and against any and all loss, claims, liability damage or 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 Owner's construction, maintenance or operations of the
Landscape Features unless caused by the negligence, gross negligence or willful
misconduct of the City, its agents, contractors or employees.
10. Permanent: The Landscape Features and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity, and are appurtenant to the
Property.
11. Right to Assign: Owners may assign any or all rights, interests and obligations
of Owners arising under this Agreement to the Homeowners' Association for
Tract 7667 or to a successor in interest of Owners with respect to all or a portion
of the Project; provided, however, that no such assignment of Owners' rights
interests and obligations under this Agreement shall occur without prior written
notice to the City and written approval by the City Manager, which approval shall
not be unreasonably withheld, conditioned or delayed. The City Manager shall
consider and decide on any assignment within ten (10) days after Owner's notice
2
thereof, provided all necessary documents and other information are provided to
the City Manager to enable the City Manager to assess the assignment.
12. Successors and Assigns: Each reference to the "City" in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of City. All
references to the "Owner" in this Agreement shall be deemed to refer to and
include Western Pacific Housing, Inc., and all successors and assigns, including
but not limited to the Tract 7667 Home Owner's Association.
13. Notices: Any notices, requests, demands or other communications required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given on the date of delivery if delivered personally to
the party to whom notice is to be given (including messenger or recognized
delivery or courier service) or on the second day after mailing, if mailed to the
party to whom notice is to be given, by first -class mail, postage prepaid, and
properly addressed as follows:
City: City of Dublin
100 Civic Plaza
Dublin, California 94568
Fax No. (925) 833 -6651
Attn: City Manager
Owner: Western Pacific Housing, Inc.
5050 Hopyard Road, Suite 180
Pleasanton, CA 94588
(925)- 225 -7426
Attn. Forward Planning
14. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
15. Partial Invalidity. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect and shall in no way be impaired
or invalidated, and the parties agree to substitute for the invalid or unenforceable
provision a valid and enforceable provision that most closely approximates the
intent and economic effect of the invalid or unenforceable provision.
16. Entire Agreement. This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot
be amended or modified except by a written agreement, executed by each of the
parties hereto.
17. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall, for all purposes, be deemed an original and all such
counterparts, taken together, shall constitute one and the same instrument.
Dated this day of , 2013.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By:
Joni Pattillo
City Manager
OWNERS:
Western Pacific Housing, Inc.
f
Name:
Title:
STATE OF CALIFORNIA
COUNTY OF ALAMEDA
On C' , 2013, before me, Arnie Bautista ,Notary Public,
personally appeared [ �6k- � , t
who 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.
1d �s
a
i
4s
ENOWNR
■
�f e ■ n _ H n L• 0 -
mr
- --
\�
B
\\�� a - � 1 1 .. ' 1 1 1 •i p 1 1 1 1 1 1 1 1 - \ \�` ,`
Cy. J Y 8
_ _ n ® — ®_ ■ \
�� - D 1 1 1 1 :1 1 1 1. 1 1 ■•11'. 11 I�� �� �
RESOLUTION NO. —13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING PARK LAND DEDICATION IN -LIEU CREDITS
FOR PARK LAND DEDICATION REQUIREMENTS FOR
TRACT 7667, ESPRIT AT DUBLIN STATION
WHEREAS, pursuant to City of Dublin Municipal Code Chapter 9.28, each subdivider
of land for residential uses shall, as a Condition of Approval of a Final Subdivision Map,
dedicate or reserve lands, pay fees in lieu thereof, or a combination of both, for park and /or
recreational purposes; and
WHEREAS, the Developer, Western Pacific Housing, Inc., is filing Tract 7667 Final
Map for developing 105 townhouse units constructed on two lots for condominium purposes;
and
WHEREAS, the Park Land requirements for the project based on the requirements of
the Municipal Code and the designated land use for Tract 7667 are 1) Dedication of 0.735
acres of Community Park Land or payment of $778,365 in Community Park Land In -Lieu
Fees, and 2) Dedication of 0.315 acres of Neighborhood Park Land or payment of $400,575
in Neighborhood Parkland In -Lieu Fees; and
WHEREAS, the Developer has possession of credits for 0.735 acres of Community
Park Land credits, which the Developer desires to have applied to fully satisfy the Community
Park Land obligation for Tract 7667; and
WHEREAS, the Developer has possession of credits for 0.315 acres of Neighborhood
Park Land Credits, which the Developer desires to have applied to fully satisfy the
Neighborhood Park Land obligation for Tract 7667.
NOW, THEREFORE, BE IT RESOLVED that the aforesaid application of 0.735 acres
of Community Park Land Credits and 0.315 acres of Neighborhood Park Land Credits are
hereby accepted as performance of said subdivider's obligation under Subdivision
Requirements in Title 9 of the Dublin Municipal Code.
1
PASSED, APPROVED AND ADOPTED this 19th day of November, 2013, by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
City Clerk
Mayor