HomeMy WebLinkAbout8.1 ImprovmtAgmtGleasonDr CITY CLERK
File # 600-60
AGENDA STATEMENT
CITY COUNCIL MEETTNG DATE: October 7, 2003
SUBJECT:
Approval of ImprOvement Agreement with the Lin Family for the
Construction of Gleason Drive Improvements from Tassajara Road
to Fallon Road
Report prepared by: Lee S. Thompson, Public Works Director
ATTACHMENTS:
1)
2)
3)
Resolution approving Agreement with the Lin Family
Improvement Agreement with the Lin Family for Gleason
Drive improvements
Location Map
RECOMMENDATION:
FINANCIAL STATEMENT:
Adopt resolution approving the Improvement Agreement with the
Lin Family for construction of the Gleason Drive Improvements
from Tassajara Road to Fallon Road
The developer is providing bonds to guarantee construction of the
improvements and will pay the cost of construction inspection.
Once the improvements have been constructed and accepted, the
City will incur maintenance costs.
DESCRIPTION: As part of the Master Development Agreement for Dublin Ranch
and the Tentative Map Conditions of Approval for the Neighborhood A Tracts, the Lins are required to
construct two lanes of Gleason Drive improvements between Tassajara Road and Fallon Road. This
Agreement guarantees construction of two lanes of Gleason Drive through the Dublin Land Company
(DiManto) property and four lanes through the Lin PropertY. The Agreement also includes construction
of Grafton Street between Gleason Drive and Phase 1 of Dublin Ranch, and the west side of Fallon Road
between Gleason Drive and Bent Tree Drive.
The Agreement with the Lin Family describes improvements to be constructed, proVides right-of-entry on
right-of-way the City acquired from the Dublin Land Company, requires bonding and insurance prior to
start of cOnstruction, and requires right-of-way dedication prior to the City accepting the improvements.
The improvement plans and right-of-way documents have been reviewed and approved by City Staff.
Staff therefore recommends that the City Council adopt the resolUtion approving the Improvement
Agreement with the Lin Family for construction of the Gleason Drive Improvements from Tassajara Road
to Fallon Road.
COPIES TO: Marty Inderbitzen, Lin's Attorney
g:\develop\dublin ranch\infrastructure\gleason dr\agst imp agmt gleason dr imps.doc
RESOLUTION NO. - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE IMPROVEMENT AGREEMENT
WITH THE LIN FAMILY FOR
GLEASON DRIVE FROM TASSARAJA ROAD TO FALLON ROAD,
INCLUDING PORTIONS OF FALLON ROAD AND GRAFTON STREET
WHEREAS, the Lin Family, the developers of Dublin Ranch, intend to c0nstmct roadway
improvements to serve Dublin Ranch; and
WHEREAS, construction of said roadway improvements will satisfy Vesting Tentative Map
Conditions of Approval No. 83 for Tract 7135, No. 92 for Tract 7137, No. 91 for Tract 7138, No. 86 for
Tract 7139 and No. 83 for Tract 7140; and
WHEREAS, the Lin Family has executed and filed with the City of Dublin an Improvement
Agreement to install said roadway improvements in accordance with the approved right-of-way dedication
documents and the improvement plans;
NOW, THEREFORE, BE IT RESOLVED that said Improvement Agreement is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute
the Improvement Agreement.
PASSED, APPROVED AND ADOPTED this 7th day of October, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Mayor
City Clerk
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IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY FOR
GLEASON DRIVE
from Tassajara Road to Fallon Road
including portions of
FALLON ROAD AND GRAFTON STREET
This agreement is made and entered into this ~ day of__.,2003, by and between the CITY
of Dublin, a municipal corporation (hereinafter referred to as "CITY"), and Chang Su-O-Lin (also known
as Jennifer Lin), Hong Lien Lin (also known as Frederic or Frederich Lin) and Hong Yao Lin (also known
as Kevin Lin) ("the Lins") and Sierra Land Development Corporation, a California Corporation ("Sierra
Land") (the Lins and Sierra Land are hereinafter referred to collectively as "OWNER").
RECITALS
WHEREAS, the Lins are owners of certain land within the City of Dublin, known as Dublin
Ranch. The City has approved certain development projects in Dublin Ranch that require the construction
of the improvements that are the subject of this Improvement Agreement. Sierra Land is a legal entity
controlled by the Lins that the Lins propose to use to construct the improvements.
WHEREAs, it has been dete .rmined bYthe City Council of the City of Dublin, State of California,
that OWNER desires to construct and dedicate the following improvements (hereafter collectively "The
Improvements"):
Two travel lanes of Gleason Drive with shoulders and permanent median, street lighting, storm
drainage, sanitary sewer, and water improvements within the right of way acquired from the
Dublin Land Company.
Street improvements (except for sidewalks and landscaping) for the four-lane Gleason Drive
within the Owner's property (from the Dublin Land Company property to Fallon Road) including
frontage and median curbs, storm drainage, sanitary sewer and water improvements.
The completion of Fallon Road (except for landscaping and some sidewalks) from Dublin Ranch
Phase One to Bent Tree Drive including portions of the permanent median and frontage
improvements with interim traffic signing and striping to transition to the existing two-lane
roadway.
Street improvements (except for sidewalks and landscaping) for Grafton Street from Dublin Ranch
Phase One to Gleason Drive including all median curbs, frontage curbs, storm drainage, sanitary
sewer and water improvements.
Complete traffic signals at Gleason Drive and Fallon Road and at Gleason Drive and Grafton
Street, modifications to the existing traffic signal at Gleason Drive and Tassajara Road, and
conduit for future traffic signals on Gleason Drive at Brannigan Street, Keegan Street and the
future entry to the Dublin Ranch Neighborhood F-2.
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IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY
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Storm drain improvements in the future Brannigan Street between Gleason Drive and Central
Parkway.
Grading for the above improvements including the bulk grading of the Owner's property that lies
north of Gleason Drive and south of Dublin Ranch Phase One in accordance with approved Bulk
Grading Plans for Area F-North.
The Improvements shall be constructed in accordance with the following referenced plans, which
are hereby referred to for a more definite description of the work to be performed under this
Agreement as though set forth at length herein;
· The Gleason Drive Improvement Plans between Tassajara Road and Fallon Road prepared
by MacKay & Somps, as signed by the City Engineer on September 18, 2003 and
consisting of 16 sheets.
· Traffic Signal and Striping Plans for Gleason Drive between Tassajara Road and Fallon
Road prepared by TJKM Transportation Consultants, as signed by the City Engineer on
,2003 and consisting of 20 sheets.
· Joint Trench Composite -Gleason Drive prepared by RGA Utility Consultants, as signed by
the City Engineer on September 18, 2003 and consisting of 9 sheets.
· Street Lighting Plan - Gleason Drive prepared by RGA Utility Consultants as signed by
the City Engineer on September 18, 2003 and consisting of 5 sheets.
WHEREAS, OWNER intends to satisfactorily complete The Improvements within the time
hereinafter specified, and CITY intends to accept OWNER's offer(s) of dedication of right-of-way and
The Improvements in consideration for OWNER's satisfactory performance of the terms and conditions of
this Agreement; and
WHEREAS, City will provide OWNER with a right to enter those lands required for construction
of The Improvements, which are not owned by OWNER, and
WHEREAS, construction of The Improvements will satisfy Conditions of Approval No. 83 of the
Vesting Tentative Map for Tract 7135; No. 92 for Tract 7137, No. 91 for Tract 7138, No. 86 for Tract
7139 and No. 83 for Tract 7140, and
WHEREAS, the Lins and CITY have previously entered into an Improvement Agreement and
Right of Entry Agreement for Fallon Road Improvements to Satisfy Certain Conditions of Approval of
Vesting Master Tentative Map 7135, dated March 19, 2002, which agreement contains certain conditions
regarding the construction of Fallon Road.
NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein
contained, the parties agree as follows:
Section 1. Completion Time.
OWNER will commence construction of The Improvements within ninety (90) days following the
date on which CITY executes this Agreement. OWNER shall complete such Improvements no later than
18 months following execution of this agreement. Time is of the essence in this Agreement. Upon
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September 24, 2003
completion, OWNER shall furnish CITY with a complete and reproducible set of final as-built plans of
The Improvements, including any authorized modifications.
Section 2. Estimated Cost of Improvements.
For purposes of this Agreement, the estimated cost of constructing The Improvements is agreed to
be $3,487,000. Said amounts include costs and reasonable expenses and fees which may be incurred in
enforcing the obligation secured.
Section 3. Bonds Furnished.
Prior to commencing construction of the improvements, OWNER (or either the Lins or Sierra
Land) shall furnish CITY with the following security in a form satisfactory to the CITY Attorney:
ao
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 estimates set forth
in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily
completed.
bo
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 estimates set forth
in Paragraph 2 and sufficient to assure CITY that OWNER'S contractors, subcontractors,
and other persons furnishing labor, materials, or equipment shall be paid therefor.
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.
Section 4. Rights of Way Dedication and the Installation of Street Monuments.
The OWNER intends to record a Tract Map that will dedicate the Rights-of Way and record the
location of the street monuments placed within the Rights of Way. If the Tract Map is not recorded prior
to acceptance of The Improvements, the Rights of Way shall be dedicated by separate instrument, the
street monuments shall be installed, and a Record of Survey shall be recorded prior to the CITY accepting
The Improvements. OWNER may propose an alternative mapping process upon which to record
monumentation (e.g. a Parcel Map) subject to the approval of City Engineer.
Section 5 Diversion of Drainage
The OWNER intends to perform grading contemporaneously with the constTuction of the
Improvements to temporarily divert drainage from its natural course west of Grafton Street to east around
the current developed area of Dublin Ranch. The Master Drainage Plan for Dublin Ranch plans for this
drainage to be conveyed in a storm drain within the future Grafton Street right of way, which right of way
is on lands presently owned by the OWNER. The CITY agrees to allow the proposed diversion on a
temporary basis. The OWNER agrees to construct the permanent storm drain line in the Grafton Street
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IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY
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alignment from Gleason Drive to Central Parkway (or alternative interim improvements approved by the
City) within one year after the CITY notifies the OWNER in writing that the improvements are to be
constructed.
Section 6. Fallon Road Agreement.
An agreement between the Lins and CITY entitled "Improvement Agreement and Right of Entry
For Fallon ROad Improvements To Satisfy Certain Conditions Of Approval Of Vesting Master Tentative
Map 7135" ("Fallon Road Agreement") dated February 6, 2001 also requires the Lins to complete a
portion of The Improvements.
Because of the overlap between the Improvements and the improvements required by the Fallon
Road Agreement, the posting of the security as specified in this agreement shall reduce the improvement
costs in the Fallon Road Agreement (estimated to be $919,500) by the following amounts:
Falion Road improvements from the south boundary of Dublin Ranch
Phase One to Fire Station #18:
$350,000
· Fallon Road/Gleason Drive signal:
$150,000
The remaining improvement obligation for the Fallon Road Agreement is $419,500.
Section 7. Insurance Required.
Prior to commencing construction of the improvements, OWNER shall obtain or cause to be
obtained with the CITY, all insurance required under this paragraph. Prior to the commencement of work
under this Agreement, OWNER's general contractor shall obtain or cause to be obtained, all insurance
required under this paragraph. OWNER and OWNER's general contractor shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects to the City. OWNER shall not allow any contractor or subcontractor
to commence work on this contract or subcontract until all insurance required for OWNER and
OWNER'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 cartier.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(i)
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.)
(ii)
Insurance Services Office form number CA 0001 (Ed. 12/90) covering
Automobile Liability, code 1 "any auto" and endorsement CA 0025.
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(iii)
Workers' Compensation insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
b. Minimum Limits of Insurance. OWNER shall maintain limits no less than:
(i)
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.
(ii)
Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
(iii)
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.
Deductibles and Self-Insurance Retentions. Any deductibles or self-insured
retentions must be declared to and approved by ihe CITY. At the option of the
CITY, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the CITY, its officers, officials and employees; or the
OWNER shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
Other Insurance Provisions. The policies are to contain, or be endorsed to contain,
the following provisions:
(i) 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 OWNER; products
and completed operations of the OWNER; premises owned,
occupied or used by the OWNER; or automobiles owned, leased, .
hired or borrowed by the OWNER. 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 OWNER'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 '
OWNER's insurance and shall not contribute with it.
(c) Any failure to comply with reporting provisions of the policies shall
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not affect coverage provided to the CITY, its officers, officials,
employees or volunteers.
(d)
The OWNER'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.
(ii)
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 OWNER for the CITY.
(iii) 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 A:VII.
(b)
Verification of Coverage. OWNER shall famish 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. OWNER and/or OWNER'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.
Section 8. 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, OWNER guarantees all work executed
by OWNER and/or OWNER'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
acceptance of the entire work by CITY. OWNER 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
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charge of any nature whatsoever to CITY. OWNER 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 the corrected items for an additional
year to insure that such defects have actually been corrected.
In the event the OWNER shall fail to comply with the conditions of the foregoing guarantee within
thirty (30) days time or such longer time period as agreed to in writing by the City Engineer, after being
notified of the defect in writing, CITY shall have the fight, but shall not be obligated, to repair or obtain
the repair of the defect, and OWNER 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 fight to immediately repair, or cause to be repaired,
such defect, and OWNER 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, OWNER shall pay, in addition to actual costs and expenses of such repair or
work, twenty-five percent (25%) 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.
Section 9. Inspection of the Work.
OWNER shall guarantee free access to CITY through its City Engineer and his or her 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 OWNER and replaced to the satisfaction of CITY without any expense to CITY in strict
accordance with the Improvements plans and specifications.
Section 10. Agreement Assignment.
OWNER shall not assign this Agreement without the written consent of CITY, which consent
shall not be unreasonably withheld.
Section 11. Abandonment of Work.
Neither OWNER nor any of OWNER's agents or contractors are or shall be considered to be
agents of CITY in connection with the performance of OWNER's obligations under this Agreement.
If OWNER 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 OWNER should be adjudged as bankrupt, or
should make a general assignment for the benefit of OWNER's creditors, or if a receiver should be
appointed, or if OWNER, or any of OWNER'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 OWNER and OWNER's surety or holder of other security of breach of this Agreement, or of
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any portion, thereof, and default of OWNER.
In the event of any such notice of breach of this Agreement, OWNER'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 OWNER and OWNER'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 OWNER as may be on the site of the work and
necessary therefor.
Section 12. Notices
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:
Melissa Morton
City Engineer
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Notices required to be given to OWNER shall be addressed as follows:
Martin Inderbitzen
Attorney at Law
7077 Koll Center Plaza, #120
Pleasanton, California 94566
and
The Lin Family
c/o James Tong
4690 Chabot Drive, Suite 100 Pleasanton, CA 94588
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.
Section 13. Use of Streets or Improvements.
At all times prior to the acceptance of the work by CITY, the use of any or all of the streets to be
constructed under this Agreement shall be at the sole and excluSive risk of OWNER.
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Gleason Dri('e from Tassajara Road to Fallon Road September 24, 2003
Section 14. Safety Devices.
OWNER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs,
warning lights, and other safety devices adjacent to and on the site of The Improvements as may be
necessary to prevent accidents to the public and damage to the property. OWNER 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 OWNER, and
the entire site left clean and orderly.
Section 15. Acceptance of Work and Associated Right of Way and Easements.
Upon notice of the completion of The Improvements and the delivery of a set of final as-built
mylar plans with electronic file to CITY by OWNER, CITY, through its City Engineer or his or her
designated representative, shall examine the 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 OWNER or his or her designated agents of such
acceptance. Concurrently with the notice of completion, OWNER shall dedicate to CITY any right of
way and maintenance easements deemed necessary by the City Engineer for the maintenance of The
Improvements, and, at acceptance of the Work, CITY shall also accept the right-of-way and
maintenance easement dedication. The right of way and easement dedications shall be in substantially
the form attached hereto as Exhibit B.
Section 16. 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, OWNER 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.
Section 17. 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.
Section 18. Liability.
mo
OWNER Primarily Liable. OWNER hereby warrants that the design and
construction of The Improvements will be performed in a proper manner. OWNER
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
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action of every kind, nature and description, directly or indirectly arising from an
act or omission of OWNER, its employees, agents, or independent contractors in
connection with OWNER'S actions and obligations hereunder; provided as follows:
(i)
That CITY does not, and shall not, waive any rights against OWNER which
it may have by reason of the aforesaid hold harmless agreement, because of
the acceptance by CITY, or the deposit with CITY by OWNER, of any of
the insurance policies described in Section 7 hereof.
(ii)
That the aforesaid hold harmless agreement by OWNER 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, 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.
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Design Defect. If, in the opinion of the CITY, a design defect in the work of
Improvements 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, OWNER shall, upon order by the CITY, correct said design defect at his or
her 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.
Co
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 OWNER's
surety on the bonds provided under Section 3.
Section 19. Right of Entry.
CITY grants to OWNER a right of entry to enter upon the property described in Exhibit A with
such personnel, equipment, machinery, vehicles and materials as may be necessary for the sole purpose of
construction of The Improvements pursuant to this Agreement. This right of entry shall be effective upon
the date of this agreement and shall terminate at the end of the performance of the work and the guarantee
period unless extended. There shall be no payment for the right of entry. OWNER's obligation to
indemnify, defend and hold CITY harmless, as described in Section 15, shall be applicable to any acts or
omissions of OWNER, its contractors, subcontractors and agents, in connection with this right of entry.
Prior to imposing a condition on a land use entitlement for the property adjacent to the property
described in Exhibit A to construct improvements in or adjacent to the area described in sUch exhibit
during the effective term of the right of entry, CITY will consult with OWNER to determine whether any
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additional conditions can or should be imposed on such land use entitlement or whether an amendment to
this agreement is needed to assure that OWNER and OWNER'S contractors are able to use the property
described in Exhibit A to construct The Improvements without interference and to assure that liability for
any damage to improvements to be constructed in the Exhibit A area or on adjacent property is properly
apportioned between OWNER and the developer/owner of the adjacent property.
Section 20. Indemnification and Waiver.
OWNER shall defend CITY, its officers, employees and officials, against any claims or actions
(including declaratory or injunctive relief) concerning OWNER's construction of The Improvements on
OWNER's property or on the property described in Exhibit A and shall indemnify and hold CITY
harmless from any damages, charges, fees or penalties that may be awarded or imposed against CITY
and/or OWNER in connection with, or on account of, OWNER's construction of The Improvements
and/or CITY's failure to enforce or comply with any applicable laws.
Section 22. Credits.
CITY shall provide a credit to OWNER for dedication of any right-of-way needed for The
Improvements if such right-of-way is needed for improvements described in the Eastern Dublin Traffic
Impact Fee (Resolution No. 225-99).
CITY shall provide a credit to OWNER for Construction of The Improvements if such
improvements are described in the Eastern Dublin Traffic Impact Fee (Resolution No. 225-99) and if such
improvements are constructed in their ultimate location.
All aspects of the above credits shall be go{,emed by the City's Administrative Guidelines
(Resolution No. 23-99). The amount of the credits shall be identified in a Credit Agreement between the
CITY and OWNER.
Section 23. Recitals.
The foregoing Recitals are true and correct and are made a part hereof.
Section 24. Relationship to Master Development Agreement
CITY agrees that the Improvements satisfy the OWNER'S obligation for the completion of Item
A.3 of Exhibit D of the Master Development Agreement between the City of Dublin and the Lin Family
for the Dublin Ranch Project, dated March 25, 1999.
[EXECUTION PAGE FOLLOWS]
658087.2
IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY
Gleason Drive from Tassajara Road to Fallon Road
Page 11 of 12
September 24, 2003
IN WITNESS WHEREOF, the parties hereto have execmed this Agreemem in duplicate at
DUblin, California, the day and year first above written.
CITY OF DUBLIN:
By:
Janet Lockhart, Mayor
Date:
ATTEST:
By:
Kay Keck, City Clerk
Date:
Approved as to Form:
Elizabeth H. Silver, City Attorney
OWNER:
~'~ Su-O-L~n~./zz~f~~ ~,~ rz/~/TZ~z~/
(also known as Je~er L~) ~~
(also ~o~ as Fre~-~''de~ch or' Frederic L~) ~~
..... ~ .... _rZ ff ' v t .' ~- - . -' t' ~ . f ,..-,--
(also known as Kevm Lin) ~/-~,,, /
Approved as to Form:
Martin W. Inderbitzen
Attorney for Lin Family
SIERRA, fl_,AND
---j~~ret~
DEVELOPMENT
658087.2
IMPROVEMENT AGREEMENT AND RIGHT OF ENTRY
Gleason Drive bom Tassaiara Read to Fallon Read
Page 12 of 12
Sevtember 24, 2003
EXHIBIT "A"
Page 1 o£ 2
The property described below as Parcel "A" and Parcel "D".
PARCEL A, Tassajara Road
BEGINNING at the most northwesterly comer of above said land, said comer being on the easterly' line of Tassajara
Road, 66.00 feet in width and the southerly tine of Tract 6925, Dublin Ranch, the map of which was filed in Book
241 of Maps at Page 39, Alameda County Records and said Point of Beginning bears N01° 13'07"E 172.83 feet and
S88°39'20"E 33.00 feet from the monument "Tass 3" on the centerline of Tassajara Road; thence leaving said Point
of Beginning along the easterly 'line of Tassaj ara Road S I °13'07,W 172.80 feet; thence S 1 o 12'54"W 2207.39 feet;
thence S88°44'32"E 18.39 feet; thence S1°15'28"W 234.16 feet to a point hereafter known as POINT A which
bears N01°12'54"E 114.52 feet and S88°47'06"E 51.21 feet from the monument "Tass I" on the centerline of
Tassajara Road; thence leaving the easterly line of Tassajara Road S88°47'06"E 43.13 feet; thence N00°29' 19"W
381.76 feet; thence Nl°12'54"E 947.03 feet to a point hereafter known as POINT B; thence N88°47'06"W 33.00
feet; thence N02°56'41,W 165.44 feet; thence S88°47'06"E 33.00 feet; thence N01°I2'54"E 505.98 feet; thence
S88°47'06"E 9.00 feet; thence N01°12'54"E 360.00 feet to a-point hereafter known as POINT C; thence
N88°47'06"W 33.00 feet; thence N00°52' 10"E 165,00 feet; thence S88°47'06"E 33.00 feet; thence N1 °13'07"E
89.66 feet to the southerly line of above said Tract 6925; thence along said southerly line N88°39'20"W 46.00 feet
tO the POINT OF BEGINNING.
Containing 2.494 acres, more or less.
PARCEL D, G leason Drive
BEGINNING at the above described POINT C on the easterly line of Tassajara Road; thence N46°f2'54"E 28.28
feet; thence S88°47'06"E 250.00 feet; thence S89°52'35"E 420.08 feet; thence S88°47'06"E 195.46 feet to the
easterly line of Dublin Land Co., Series 83-182776; thence along said easterly line N 1°08'49"E 104.00 feet; thence
leaving said easterly line N88°47'06"W 195.34 feet; thence N88°01"16"W 300.03 feet; thence N 88°47'06"W
120.00 feet; thence NI°12'54"E 9.00 feet; thence N88°47'06"W 250.99 feet; thence N43°47'00"W 28.28 feet;
thence N88°47'06"W 33.00 feet; thence S00°52' 10"W 165.00 feet; thence S88°47'06"E 33.00 feet to .the POINT
OF BEGINNING.
Containing 2.443 acres, more or less.
EXHIBIT "A"
Page 2 of 2
TASSAJARA ROAD
NOl°12'54'E 360.00' TII
XX, NBS°47'O6"W
, . 33.00'
N01°12'54" E 1360.00'
NB8~47'06" W
,33.00' --
POI NT
N 46' 12'54" E
28.2&' --
N00"45',32" E
32.00'
"TASS 3"
~,E'_.c' ~k'"f,,q ! L ~7 ~
P.O.B. ,
//.00 --,
°13'07"E 172.80'
165.00'
Z
89.66°
,33.00'
X---N4,3°47'O0" W
28.28'
N00°45'32" E '"m.
32.00'
9.00'
)7~E
I
10' TCE
0 100 200
10' TCE
:o4loo'
/PARCEL L
SLOPE EMENT
101.10'
t20.66'
NO 1o08%9" E
2_
EXHIBIT "B" o6/o~/os
Page 1 of 10 DI
PUBLIC RIGHT-OF-WAY - GLEA$ON DRIVE
(BETWEEN BRANNIGAN STREET AND KEEGAN STREET)
BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS: "PARCEL I" OF
"TRACT 7148" AS FILED ON THE 14~ DAY OF FEBRUARY, 2001 IN BOOK 257 OF MAPS AT PAGES 3 THROUGH 7, ALAMEDA
COUNTY RECORDS, FOR PURPOSES OF PUBLIC RIGHTS-OF-WAY ["GLEASON DRIVE"], FOR CONSTRUCTION AND
MAINTENANCE OF PUBLIC STREETS AND UNDERGROUND UTILITIES, LYING AND BEING IN THE CITY OF DUBLIN,
ALAMEDA COUNTY, CAIT~ORNIA, AND BEING MOKE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT ON THE EAST.LINE OF SAID "PARCEL I" SAID POINT BEARS SOUTH 00° 38' 11' WEST 687.22 FEET
~ROM THE NORTHEAST CORNER OF SAID "PARCEL 1"; THENCE ALONG SAID EAST LI2XrE SOUTH 00° 38' 11" WEST 108.08 FEET
TO A POINT ON A CURVE [TO THE RIGttT] WHOSE RADIUS POINT BEARS NORTH 14° 35' 22" WEST THEREFROM SAID POINT;
THENCE DEPARTING SAID EAST LINE AND ENTERING SAID PARCEL I, ALONG SAID CURVE HAVING A RADIUS OF 1502.00
FEET, A CENTRAL ANGLE OF 03* 36' 47", AND AN ARC LENGTH OF 94.71 FEET; THENCE SOUTH 30° 41' 01' WEST 36.07 FEET;
THENCE SOUTH 75° 33' I2" WEST 86.47 FEET; THENCE NORTH 47° 37' 3I" WEST 36.08 FEET TO A POINT ON A CURVE [TO THE
RIGHT] 'WHOSE RADIUS POINT BEARS NORTH 05° 58' 17" WEST THEREFROM SAID POINT; THENCE ALONG SAID CURVE
HAVING A RADIUS OF 1511.00 FEET, A CENTRAL ANGLE OF 01° 05' 17", AND AN ARC LENGTH OF 28.69 FEET TO THE
BEGINNING POINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 85° 07' 00' WEST 120.67 FEET TO A
POINT ON A TANGENT CURVE [TO THE RIGHT]; THENCE ALONG SAID CURVE HAVING A RADIUS OF 237.00 FEET; A
CENTRAL ANGLE OF 11° 28' 42", AND AN ARC LENGTH OF 47.48 FEET TO A'POINT OF REVERSE CURVATURE; THENCE
ALONG SAID CURVE [TO THE LEFT] HAVING A RADIUS OF 213.00 FEET, A CENTRAL ANGLE OF i1° 28' 42", AND AN ARC
LENGTH OF 42.67 FEET TO THE BEGINNING POINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 85°
07' 00~ WEST 613.92 FEET; THENCE SOUTH 33° 16' 26~ WEST 35.61 FEET; THENCE SOUTH 79° 38' 51" WEST 94.43 FEET;
THENCE NORTH 37° 37' 07" WEST 33.29 FEET; THENCE SOUTH 85° 07' 00' WEST 52.04 FEET TO A POINT ON A TANGENT
CURVE; THENCE ALONG'SAID CURVE [TO THE LEFT] HAVING A RADIUS OF 1339.00 FEET, A CENTRAL ANGLE OF 04° 07' 37",
AND AN ARC-LENGTH OF 96.45 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE [TO THE RIGHT]
HAVING A RADIUS OF 227.00 FEET, A CENTRAL ANGLE OF 10° 01' 01', AND AN ARC LENGTH OF 39.69 FEET TO A POINT OF
REVERSE CURVATURE; THENCE ALONG SAID CURVE [TO THE LEFT] HAVING A RADIUS OF 203.00 FEET, A CENTRAL ANGLE
OF i3° 45' 44" AND AN ARC LENGTH OF 48.76 FEET TO A POINT OF COMPOUND CURVATURE WHOSE RADIUS POINT BEARS
SOUTH 12° 45 20 EAST THEREFROM SAID POINT; THENCE ALONG SAID CURVE [TO THE LEFT] HAVING A RADIUS OF 1348.00
.FEET, A CENTRAL ANGLE OF 15° 45' 58'" AND AN ARC LENGTH OF 370.93 FEET TO A POINT OF REVERSE CURVATURE
'WHOSE RADIUS POINT BEARS NORTH 28° 31' 17" WEST THEREFROM SAID POINT; THENCE ALONG SAID CURVE [TO THE
RIGHT] HAVING A RADIUS OF 1452.00 FEET, A CENTRAL ANGLE OF 27° 41' 49" AND AN ARC LENGTH OF 701.90 FEET;
THENCE SOUTH 40° 36' 33" WEST 36.25 FEET; THENCE SOUTH 84° 39' 37" WEST 59.38 FEET TO THE WEST LINE OF SAID
"PARCEL 1 "; THENCE ALONG SAID WEST LINE NORTH 01° 08' 49" EAST' 167.29 FEET; THENCE DEPARTING SAID WEST LINE
AND ENTERING SAID PARCEL I, SOUTH .88° 51' 11' EAST 60.00 FEET; THENCE SOUTH 49° 55' 53" EAST 30.96 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE WHOSE RADIUS POINT BEARS NORTH 01° 04' 43"W THEREFROM SAID POINT;
THENCE ALONG SAID CURVE [TO THE LEFT] HAVING A RADIUS OF 1339.00 FEET, A CENTRAL ANGLE OF 06° 30' 39" AND AN
ARC LENGTH OF .152.16 FEET TO A POINT OF REVERSE CURVATURE WHOSE RADIUS POINT BEARS SOUTH 07° 35'22' EAST
THEREFROM SAID POINT; 'THENCE ALONG SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 237.00 FEET, A CENTRAL
ANGLE OF 09° 43'.01" AND AN ARC LENGTH OF 40.19 FEET TO A'POINT OF REVERSE CURVATURE WHOSE RADIUS POINT
BEARS NORTH 02° 07' 39" EAST THEREFROM SAID POINT; THENCE ALONG SAID CURVE [TO THE LEFT] HAVING A RADIUS
OF 213.00' FEET, A CENTRAL ANGLE OF 13° 33' 14" AND AN ARC LENGTH OF 50.39 FEET TO A POINT OF COMPOUND
CURVATURE WHOSE RADIUS POINT BEARS NORTH t 1 o 25' 35" WEST THEREFROM SAID POINT; THENCE ALONG SAID CURVE
[TO THE LEFT] HAVING A RADIUS OF 1348.00 FEET, A CENTRAL ANGLE OF I7° 05' 42" AND AN ARC LENGTH OF 402.20 FEET
TO A POINT OF REVERSE CURVATURE WHOSE RADIUS POINT BEARS SOUTH 28° 31' I7" EAST THEREFROM SAID POINT;
THENCE .ALONG SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 1452.00 FEET, A CENTRAL ANGLE OF 19° 04' 27' AND
AN ARC LENGTH OF 483.38 FEET TO A RADIAL LINE TO SAID CURVE; THENCE ALONG SAID RADIAL LINE NORTH 09° 26' 50"
WEST 10.00 FEET TO THE BEGINNING OF A NON-TANGENT CURVE WHOSE RADIUS POINT BEARS SOUTH 09° 26' 50" EAST
THEREFROM SAID POINT; THENCE ALONG SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 1462.00 FEET, A CENTRAL
ANGLE OF 04° 15' 20" AND AN ARC LENGTH OF 108.59 FEET TO A .RADIAL LINE; THENCE ALONG SAID RADIAL LINE SOUTH
05° 1 I' 30" EAST 10.00 FEET TO A NON-TANGENT CURVE WHOSE RADIUS POINT BEARS 'SOUTH 05° 11' 30" EAST THEREFROM
SAID POINT: THENCE ALONG SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 1452.00 FEET, A CENTRAL ANGLE OF 00°
18'30" AND AN ARC LENGTH OF 7.81 FEET TO THE BEGINNING OF A TANGENT LINE:
mAI:,KAY & $,OlllPS
CIVIL EN~tNEF:RtNG* LAND PLANNINg* L~ND SURVEYING
5142 Franklin Drive Suite B, Pteasanfon. CA. 94588-3355
[925) 225-0690
P:\legals\ 16q~34-30\$TREETS\~MT-ROW-GLEAS ON.doc
EXHIBIT "B"
Page 2 of 10
06/04/03
DI
PUBLIC RIGHT. OF-WAY - GLEASON DRIVE
(BETWEEN BRANNIGAN STREET AND KEEGAN STILEET)
THENCE ALONG SAID TANGENT NORTH 85° 07' 00' EAST 50.04 FEET; THENCE NORTH 27° 47'03" EAST 33.35 FEET; THENCE
NORTH 79° 57' 41" EAST 94.29 FEET; THENCE SOUTH 46° 03' 38" EAST 36.60 FEET; THENCE NORTH 85° 07' 00" EAST 249.90'
FEET TO A POINT ON A TANGENT CURVE; TI-iENCE ALONG SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 237.00 PEET,
A CENTRAL ANGLE OF 11° 28' 42" AND AN ARC LENGTH OF 47.48 FEET TO A POINT OF REVERSE CURVATURE; THENCE
ALONG SAID' CURVE [TO THE LEFT] HAVING A RADIUS OF 213.® FEET, A CENTRAL ANGLE OF I1° 28' 42", AND AN ARC
LENGTH OF 42.67 FEET TO THE BEGINNING POINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 85°
07' 00' EAST 369.47 FEET; THENCE NORTH 04° 53' 00' WEST 10.00 FEET; THENCE NORTH 85° 07' 00' EAST 107.42 FEET;
THENCE SOUTH 04° 33' 41" EAST 9.98. PEET TO A POINT ON A CURVE WHOSE RADIUS POINT BEARS NORTH 04°33'41" WEST
THEREFROM SAID POINT; THENCE ALONG SAID CURVE [TO THE LEFT] HAVING A RADIUS OF 1398.00 FEET, A CENTRAL
ANGLE OF 117 11' 30% AND AN ARC LENGTH OF 273.07 FEET TO SAID POINT OF BEGINNING.
CONTAINING 296,383 SQUARE FEET, 6.8.04 ACRES, MORE OR LESS.
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-09-07.
END OF DESCRI?TION
RO HA /f
PROFESSIONAl. J_~AND SURVEYOR NO. 5412
Cx~. o9/3o/29~ >i
STATE O~I~RNIA.
P :\}eg~s\ t 6034.30\$TREETS\ESMT-ROW-GLEA$ON. doc
BACKAYS ,SOIIlP$
CIVIL I::NGINI~ERIN~ LAND PLANNING* LAND SUt~Vt~YING
5142 FranMn Drive Suite B, Pleosanton. CA, 94588-3355
(925) 225-0690
' .' ., ' EXItIBIT "B" . .
0' . ' Page3ofl0
.0~
· ~ .; · , · ,~ k~.' .
=~. R=14'5~ ~ -
=~~5~' z, TRACT 71-,o ~
~39 ~E 59.~ __ . -
~ F TRACT 6980
PARC_L I
~42 M: 85-95
~ X~.~ ' 257 M. 3-7 N~'ll"E
~ ~.~ . APN 985-09'07 '
RI~TcH LINE
CURVE TABLE RA~ZAL TABLE LZNE TABLE
cURVE No. RADIUS LENGTH 9ELTA E~ N5~58' 17'W(E) T1 N40~36'33'E 3~.B5'
C1 837. 00' 47. 48' ~1'~8'4~' T~ N.~8~51' ]I'W 60. 00'
C~ ~13.00' 48.67' 11~8'4~'
C3 1508,.00' 94. 71' 3'36'47' ~g T3 N49'55'53'W 30. 96'
C4 151]..00' ~8.69' 01'05' 17' T4 Nog'~6'50'~(R~30. O0
~,
cs ~37, 00' 40. l~' 0~' 43' 0~- /~ ..... '
C9 · 813. 00' 50. 39' I3~33,'~" 14' ~/~~~~"'.~
CiO 1468.00" t08. 59' '04 15 ~0' / [
Cll. 14~2. 00' 7.81' O0~ 18' 30;/ ~ ~G~Dp.o.B. = POl~ OF BEGINNIN6'
TO ACCOMPANY
D ESC RI PTIO N
FOR PU~$ OF G~N DRIVE PU~N~O~, ~. 945~ (g2~) 225-0690
RI6HT-OF-~AY DATE 4-17-2002
CITY OF DUBLIN, STATE 'OF CALIFORNIA 'D~AWN BY: D.M,I,~ DWO.: ESMT-RO~-OLEASON
EXHIBIT "B"
Page 4 of 10
16034-31
7/01/02
DMI
PUBLIC RIGHT-OF-WAY - GLEASON DRIVE
(BETWEEN ICEEGAN STREET AND FALLON ROAD)
BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS: "RESULTANT REMAfND£R
No~ 4" OF "LOT LINE AD.fUSTMENT No. L-Pg-19~ AS RECORDED ON THE 10~ DAY OF APRIL, 2000 IN SERIES No. 2000106?4?,
ALAMEDA COUNTY RECORDS, CALIFORNIA, FOR PURPOSES OF A PUBLIC RIGHT-OF-WAY ["GLEASON DRIVE"] FOR
CONSTRUCTION AND MAINTENANCE OF PUBLIC STREETS AND UNDBRGROUND UTILITIES, LYING AND BEING IN THE CITY OF
DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT ON THE EAST LINE OF "PARCEL 1" OF "TRACT 7148" AS FILED ON THE 14TM DAY OF FEBRUARY, 2001 IN
]3OOK 257 OF MAPS AT PAGES 3 'THROUGH 7, ALAMEDA COUNTY RECORDS, SAID POINT BEARS SOUTH 00° 38' 11' WEST 687.22
FEET FROM THE NORTHEAST CORNER OF SAID "PARCEL 1" AND BEING A POINT ON A CURVE TO THE LEFT WHOSE RADIUS
pOINT BEARS NORTH 15°45'11' WEST THEREFROM SAID POINT; THENCE DEPARTING FROM SAID EASTERLY PROPERTY LINE
AND ENTERING SAID "RESULTANT REMAINDER No. 4": ALONG SAID CURVE HAVING A RADIUS OF I398.00 FEET, A CENTRAL
ANGLE OF 19°36'51'', AND AN ARC LENGTH OF 478.58 FEET; THENCE NORTH 10009'24'' EAST 42.00 FEET; THENCE NORTH
44°34'44" EAST 70.58 FEET; THENCE SOUTH 86°20'17~ EAST 42.00 FEET TO A POINT ON A CURVE TO THE LEFT WHOSE RADIUS
POINT BEARS NORTH 40049'26'' WEST THEREFROM SAID POINT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 1389.00
FEET, A CENTRAL.ANGLE OF 4005'23", AND AN ARC LENGTH OF 99.14 FEET TO A POINT OF REVERSE CURVATURE; THENCE
ALONG SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 227.00 FEET,' A CENTRAL ANGLE OF .10°04'29~, AND AN ARC LENGTH
OF 39.91 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE [TO THE LEFT] HAVING A RADIUS OF 203.00
FEET, A CENTRAL ANGLE OF 13°41'01', AND AN ARC LENGTH OF 48.48 FEET TO A POINT OF COMPOUND CURVATURE; THENCE
ALONG SAID CURVE [TO THE LEFT] HAVING A RADIUS OF 1398.00 FEET, A CENTRAL ANGLE OF I3°13'39'', AND AN ARC LENGTH
OF 322.75 FEET TO THE BEGINNING POINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 28°15'00''. EAST
52.09 FEET TO A'POINT ON THE WESTERLY RIGHT OF WAY OF FALLON ROAD AS FILED ON OCTOBER 1; 2001 IN DOCUMENT
SERIES NO. 2001373800; THENCE ALONG SAID WESTERLY RIGHT OF WAY LINE, SOUTH 58014'36" EAST 113.21 FEET; THENCE
LEAVING SAID RIGHT-OF WAY LINE AND ENTERING SAID"RESULTANT REMAINDER No. 4", SOUTH 28015'00" WEST 45..16 FEET TO
A POINT OF CURVATURE .OF 'A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 1511.00
FEET, A CENTRAL ANGLE OF 3°55'25', AND AN ARC LENGTH OF 103.47 FEET TO A POINT OF COMPOUND CURVATURE; THENCE
ALONG SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 227.00 FEET, A CENTRAL ANGLE OF 13°33'28'', AND AN ARC LENGTH
OF 53.71 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID CURVE [TO THE LEFT] HAVING A RADIUS OF 203.00
FEET, A CENTRAL ANGLE OF 10°10'06'', AND AN ARC LENGTH OF 36.03 FEET TO A POINT OF REVERSE CURVATURE; THENCE
ALONG SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 1502.00 FEET, A CENTRAL ANGLE OF 39°50'51', AND AN ARC LENGTH
OF 1044.59 FEET TO A POINT ON THE WESTERLY PROPERTY LINE OF SAID "RESULTANT REMAINDER No. 4" [ALSO BEING THE
EASTERLY PROPERTY LINE OF SAID "PARCEL 1"]; THENCE ALONG SAID WESTERLY PROPERTY LINE NORTH 0°38'I1" EAST 108.08
FEET TO SAID POINT OF BEGINNING.
CONTAINING 134,343 SQUARE FEET., 3.084 ACRES, MORE OR LESS.
OVER, UNDER, AND ACROSS PORTIONS OF: ASSESSOR'S PARCEL NUMBERS 985-30-01 AND 985-27~08.
ROBERT CH
(EXP
LAND SURVEYOR NO. 5412
P:\tegals\ 1 ~034-30\STREETS\esln~. row-gleasong, dec
mACKAY& $ omPs
OM[ [NGINEI:RING*.[AND PLANNING*[AND.S~JRVEYING
5142 Frar~l<tin Drive Suite I~, Pleasan~orn. CA. 94585-3355
f9251 225-0690
I
I
L,...1
I
!
AREA 3.084 AC-+
P.O.C, = POINT OF COMMENCEMENT
P.O;B. = POINT OF BE61NNIN6
0' 100' 200' 400'
PLAT TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF GLEASON DRIYE RIGHT-OF-WAY
CITYOF DUBLIN, STATE OF CA~.IFORNIA
IilAOKAY kl$omP$
CIVIL ENOINEERINOeLAND PLANN!NGeLAND SURVEYING
PLEASANTON. CA. 94588 (925) 225-0690
DATE: 3-27-2001 I JOB NO. 16034-31
DRAWN BY: L.H. '[ DWG.: ROW-GLEASON2
EXHIBIT "B"
Page 6 of 10
PUBLIC RIGHT-OF-WAY ~ GRAI~ON STREET
~C~6034-31
09/25/02
DMI
BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS: "PARCEL 1"
OF "TRACT 7148" AS FILED ON THE 14~ DAY OF FEBRUARY, 2001 IN BOOK 257 OF MAPS'AT PAGES 3 THROUGH 7, -
ALAMEDA COUNTY RECORDS, CALIFORNIA, FOR PURPOSES OF PUBLIC RIGHTS-OF-WAY ["GRAFTON STREET"], FOR
CONSTRUCTION AND MAINTENANCE OF PUBLIC STREETS AND UNDERGROUND UTILITIES, LYING AND BEING IN
THE CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA, AND BEING MORE PARTICULARLY DESCRIBED 'AS
FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF "PARCEL 'A'" AS SHOWN UPON THAT CERTAIN FINAL MAP
ENTITLED: "TRACT 6959" AS FILED ON THE 2~ DAY OF JUNE, 2000 IN BOOK 251 OF MAPS, AT PAGES 39 TO 43,
ALAMEDA COUNTY RECORDS, CALIFORNIA, SAID POINT ALSO BEING ON THE WESTERLY LINE OF DEVANEY
DRIVE AS sHOWN ON SAID TRACT 6959; THENCE DEPARTING FROM SAID SOUTHEAST CORNER AND ENTERING
SAID "PARCEL 1" ALONG THE SOUTHERLY PROLONGATION OF THE EASTERLY PROPERTY LINE OF SAID "PARCEL
'.A'" [ALSO BEING THE WESTERLY RIGHT-OF-WAY LINE OF "DEVANEY DRIVE" AS SHOWN UPON SAID "TRACT 6959"] SOUTH
1°50'20" EAST 63.03 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG
SAID CURVE HAVING A RADIUS OF 978.00 FEET, A CENTRAL ANGLE OF 4°23'42", AND 'AN ARC LENGTH OF 75.02
FEET TO THE BEGINNING POINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 2°33'22'' WEST
40.70 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE
HAVING A RADIUS OF 1022.00 FEET, A CENTRAL ANGLE OF 4°23'42'', AND AN ARC LENGTH OF 78.39 FEET TO THE
BEGINNING POINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 1 °50'20" EAST 94.90 FEET TO
A POINT OF CURVATURE OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE HAVING A RADIUS
OF 25.00 FEET, A CENTRAL ANGLE OF 88°59'24", AND AN ARC LENGTH OF 38.83 FEET; THENCE SOUTH 3°59'19''
~ST 80.02 FEET TO A POINT ON A CURVE TO THE RIGHT WHOSE RADIUS POINT BEARS SOUTH 2°50'56" EAST
/EREFROM SAID POINT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF
85036'49", AND AN ARC LENGTH OF 37.36 FEET TO A POINT OF REVERSE CURVATURE; THENCE ALONG SAID
CURVE [TO THE LEFT] HAVING A RADIUS OF 851.00 FEET, A CENTRAL ANGLE OF 4°2T24", AND AN ARC LENGTH OF
66.19 FEET TO THE BEGINNING POINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT LINE SOUTH 11 °41 '31"
EAST 220.89 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID
CURVE HAVING A RADIUS OF 449.00 FEET, A CENTRAL ANGLE OF 6o34'37", AND AN ARC LENGTH OF 51.54 FEET;
THENCE NORTH 79°57'41'' EAST 94.29 FEET TO A POINT ON A CURVE TO THE LEFT WHOSE RADIUS POINT BEARS
SOUTH 84o01'52" WEST THEREFROM SAID POINT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 543.00 FEET,
A CENTRAL ANGLE OF 5043'23.'', AND AN ARC LENGTH OF 54.24 FEET TO THE BEGINNING POINT OF A TANGENT
LINE; THENCE ALONG SAID TANGENT LINE NORTH 11°41'31'' WEST 220.89 FEET TO A POINT OF CURVATURE OF A
TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE .HAVING A RADIUS OF 757.00 FEET, A CENTRAL
ANGLE OF 4°22'37", AND AN ARC LENGTH OF 57.83 FEET TO A POINT OF COMPOUND CURVATURE; THENCE
ALONG SAID CURVE [TO THE RIGHT] HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 94.°27'58", AND AN
ARC LENGTH OF 41.22 FEET; THENCE NORTH 3°5I"07'' WEST 70.01 FEET TO A POINT ON A CURVE TO THE RIGHT
WHOSE RADIUS POINT BEARS NORTH 2050'56'' WEST THEREFROM SAID ~POINT; THENCE A._LONG SAID CURVE
HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91°00'36", AND AN 3~RC LENGTH OF 39.71 FEET TO THE
BEGINNING POINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 1°50'20'' WEST 68.9_3 FEET
TO A POINT OF CURVATURE OF A TANGENT CURVE TO THE LEFT; THENCE ALONG SAID CURVE HAVING A
RADIUS OF 1036.00 FEET, A CENTRAL ANGLE OF 2°34'29", AND AN ARC LENGTH OF 46.56 FEET TO THE BEGINNING
POINT OF A TANGENT LINE; THENCE ALONG SAID TANGENT LINE NORTH 4o24'49'' WEST 110.43 FEET TO A POINT
OF CURVATURE OF A TANGENT CURVE TO THE RIGHT; THENCE ALONG SAID CURVE HAVING A RADIUS OF 984.00
FEET, A CENTRAL ANGLE OF 2°34'29'', AND AN ARC LENGTH OF 44.22 FEET TO THE BEGINNING POINT OF A
TANGENT LINE;
P:\[egals\ t60'X4-30\$TREETS~,esmt-row-grafton-norfl~.d~
mACKAY& SomPs
CIVIL ENGINEERING' LAND PLANNING' LAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton, CA. 94588-3355
(925) 225-0690
EXHIBIT "B"
Page 7 of 10 09/25/02
DMI
PUBLIC RIGHT-OF,WAY GRAFTON STREET
THENCE ALONG SAID TANGENT LINE NORTH 1°50'20" WEST 75.22 FEET TO A POINT ON THE NORTHERLY
PROPERTY LINE OF SAID "PARCEL 2"; THENCE ALONG SAID NORTHERLY PROPERTY LINE NORTH 88°53' 01" WEST
78.10 FEET TO SAID POINT OF BEGINNING.
CONTAINING 77,694 SQUARE FEET, 1.784 ACRES, MORE OR LESS.
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER '985-09-07.
END OF DESCRIPTION
PRO~SSIONAL B~ SURVEYOR NO. 5412
(EXP. 09¢0/2~ '
STATE ~IFOR~A
P:\legals\l 6O3q-30\STREETS\esml-row-grafton-ne r~h.doc
BA ICAY.& $omPs
CIVIL ENGINEERING;el. AND PLANNING* LAND SURVEYING
5t42 Franklin Drive Suite B, Pleasanton, CA. 94588-3355
(925) 225-0690
EXH, IBIT "B"
Page 8 of 10
0' 100' 200' 400'
P.0.B. = POINT OF BEGINNING
R.0.W. = 77,694 ~, 1.784 AC.
RADIAL TABLE
R1 NO2° 50' 56' W(R)
R2 N82° 45' 53'E(R)
R3 NSP° 41' 06'E(R)
LINE TABLE
T1 NOl°50';30,.W 63. 03'
T2 NO2°33' ;32"E 40. 70'
T3 NOl°50'20'~ 94. 90'
T4 NOl°50'80,W 68. 93'
T5 NO4*;34'49'W 110. 43'
T6 NOl"50' 20' W 75. ;32'
CURVE TABLE
CURVE No. RADIU$ LENGTH DELTA '
C1 978.00' 75. 0;3' 4'23'42'
C2 1022.00' 78,39' 4'23'42'
C3 ;35. 00' 38, 83' 88* 59' 24'
C4 25. 00' 37. 36' 85* 36' 49'
C5 851.00' 66, 19' 4°27'24,
C6 757. 00' 57. 83' 4°22'37,
C7 25.00' 41.22' 94°27'58·
CB 25.00' 39.71' 91'00'36'
C9 ]036.00' 46,56' 2*34'29'
CIO 984. 00' 44.22' 2'34'29'
C8
N3"59'19"W 70.01'
PARCEL t
TRACT 71.48
257 M, ;;3-7
APN 985-09-07
TRACT 7' 48' .
9-~-~082 d~o. ne P:~.16034 -60 \~,~s. te~" %ESNT -RO~ -GRAF TON-NOR TH.d~I;I
PL T TO ACCOMPANY
DESCRIPTION
FOR PURPOSES OF GRAFTON STREET.
RIGHT-OF-WAY
CITY OF' DUBLIN. STATE OF CALIFORNIA
IIIACKAY SomPs
CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING
PLEASANTON, CA. 94588 (925) 225-0690
DATE 5-28-2002 JOB NO. 160.34-31
DRAWN BY: D M.I. DWG.: ESMT--ROW-CRAFTON-NORTH
EXHIBIT "B"
Page 9'of 10
06/03/03
DI
A STORM DRAIN EASEMENT 30.00 FEET IN WIDTH BEING OVER, UNDER, AND ACROSS A PORTION OF THAT CERTAIN
PARCEL OF LAND DESIGNATED AS: "PARCEL 1 ' OF "TRACT 7148" AS FILED ON THE 14~ DAY OF FEBRUARY, 2001 IN BOOK
257 OF MAPS AT PAGES 3 THROUGH 7, ALAMEDA COUNTY RECORDS, FOR THE PURPOSES OF CONSTRUCTION AND
MAINTENANCE OF UNDERGROUND STORM DRAINAGE FACILITIES, LYING AND BEING IN THE CITY OF DUBLIN, ALAMEDA
COUNTY, CALIFORNIA. SAID EASEMENT LYING 15.00 FEET ON EACH SIDE MEASURED AT RIGHT ANGLES FROM THE
CENTERLINE OF SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT POINT ON THE NORTH LINE OF CENTRAL PARKWAY WHICH BEARS NORTH 88° 51' 11" WEST 15.96 FEET
FROM THE MOST EASTERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "N 88° 51' 1]" W 59.00' UPON SAID "TRACT
7148'; THENCE LEAVING SAID NORTH LINE AND ENTERING SAID ''PARCEL 1" NORTH 01° 08' 48" EAST 865.57 FEET TO THE
SOUTH LINE OF THE FUTURE GLEASON DRIVE AS RECORDED IN SERIES NO. ON THE DAY OF
, OFFICIAL RECORDS OF ALAMEDA COUNTY. THE SIDELINES OF SAID STORM DRAIN EASEMENT ARE TO
BE LENGTHENED OR SHORTENED TO TERMINATE ON SAID SOUTH LINE OF GLEASON DRIVE ON THE NORTH AND ON SAID
NORTH LINE OF CENTRAL PARKWAY ON THE SOUTH.
CONTAINING 26,423 SQUARE FEET MORE OR LESS
OVER, UNDER, AND ACROSS A PORTION OF: ASSESSOR'S PARCEL NUMBER 985-09-07.
END OF DESCRIPTION
URVEYOR NO. 5412
DATE
P:\legals\16034~30\STRgETS\esmt-sde-Brannigan.doc
mA :KAY& SomPs
CIVIL E N®INI:t:RING' LAND PLANNINO'LAND SURVEYING
5142 Franklin Drive Suite B, Pleasanton. CA. 94588~3355
(925} 225-0690
NOT TO SCALE
EXHIBIT "B"
Page 10 of. 10
?ARCEL 1
TRACT 714a
257 M, 3-7
A?N 9a5-O9-0
LANDS OF DUBLIN LAND
COMPANY
SERIES NO. 63- 1.627Z6
--'~-- 30' S.D.E.
26,423 S.F. :i:
PARCEL 1
TRACT 7146
_
w I P.O.B.-~_ t ~:~ ,
: i I '~s'9~'l : , i
,, / l iZk
· iN88°51'1
J PARKWAY
PLAT TO ACCOMPANY DESCRIPTION
FOR PURPOSES OF STORM D~iN ~SEMENT
CITY OF DUBLIN,
STATE OF CALIFORNIA
985-09-07
LEGEND
P.O.B. = POINT OF BEGINNING
S.D.E. = STORM DRAIN EASEMENT
lllAIIKAY& SOlllPS
CIVIL ENGINEERINGeLAND PLANNINGeLAND SURVEYING
PLEASANTOH. CA. 94588 (925) 225-0690
DATE 5-22 -2003
DRAWN BY: PDT
IJOB NO. 16034.-31
DWG.: ESMT-ROW-OLEASON
NORTH
!
1
!
! I
1
LOCATION MAP
GLEASON DR. PROJECT