HomeMy WebLinkAbout4.14 Tassajara Rd Land Exchange Dik
I!I 1N
i9 �82 STAFF REPORT CITY CLERK
CITY COUNCIL File # (
Q°"30
DATE: July 15, 2014
TO: Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
,(7
SUBJECT: Approval of a Land Exchange Agreement with TL Partners II, LP, for Property on
Tassajara Road
Prepared by Andrew Russell, City Engineer
EXECUTIVE SUMMARY:
The proposed agreement would authorize the exchange of property between the City of Dublin
and TL Partners II, LP, a California limited partnership, the developer of property at 6960
Tassajara Road (Fredrich Parcel, APN 986-0004-002-03) and 7020 Tassajara Road (Vargas
Parcel, APN 986-0004-002-01). In exchange for a portion of property owned by the City of
Dublin (APN 986-0004-003-00), the developer will provide easements and right-of-way
necessary for the construction of a replacement culvert under Tassajara Road at Moller Creek.
FINANCIAL IMPACT:
C101)
The direct fiscal impacts include closing costs, escrow fees and costs associated with title
insurance policies, due diligence investigations and feasibility studies. Closing costs and
escrow fees will be shared equally by both parties. Other costs are associated with due
diligence and may include Staff time and attorney fees. The acquisition of right-of-way for the
Tassajara Road culvert is included as a project within the Category 1 Eastern Dublin Traffic
Impact Fee (EDTIF).
Staff recommends the City Council approve a budget change of $100,000 of EDTIF Category 1
revenue to cover City costs associated with the exchange agreement. Additionally, Staff
recommends the City Council approve a budget change of $40,000 of EDTIF Category 1
revenue to initiate a traffic analysis that supports a precise plan study of Tassajara Road. The
total budget change is an increase of$140,000 to EDTIF Non-Departmental Contract Services.
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution Approving a Land Exchange
Agreement for Property on Tassajara Road with TL Partners II, LP, and approve the Budget
Change.
Page 1 of 4 ITEM NO. 4.14
Submitted By
Public Works Director
DESCRIPTION:
Reviewed By
Administrative
Services Director
dl �
'A., Reviewed By
Assistant City Manager
Tassajara Road is a major north -south arterial serving local and regional traffic. The
northernmost segment of Tassajara Road, between Fallon Road and the northern city limit, is a
two lane street (one lane each direction) improved to a rural road standard. The General Plan
designates Tassajara Road as a six -lane arterial, which requires street right -of -way acquisition,
culvert improvements at Moller Creek, pavement widening, and installation of curb, gutter, and
sidewalk between Fallon Road and the northern city limit.
This portion of Tassajara Road is also included as a project within the Eastern Dublin Traffic
Impact Fee ( EDTIF) program. In addition to design and construction costs, the EDTIF includes
the right -of -way acquisition costs for both the street improvements and for the culvert
improvements needed at Moller Creek.
Moller Ranch Project: In December 2012, City Council approved the Moller Ranch project,
which is located on the east side of Tassajara Road, between Moller Creek and the north city
limit. The project included a condition of approval to replace the Moller Creek culvert crossing.
In order to replace the culvert, right -of -way and easements are needed from the Fredrich and
Vargas properties on the west side of Tassajara Road. The Moller Ranch developer, Braddock
& Logan, is currently pursuing regulatory and other permits needed to begin construction of the
culvert improvements.
The Moller Ranch project also included a condition of approval to improve the Tassajara Road
project frontage to the northern city (county) limit line. The condition allowed for the deferral of
these improvements, "pending completion of a final plan line for this portion of road by the City
of Dublin and the County of Contra Costa." City of Dublin staff and Contra Costa County staff
are proceeding with the precise plan study, an initial phase of which is a traffic analysis of
Tassajara Road. The precise plan study may affect both the Moller Ranch project and the
Tassajara Highlands project.
Tassajara Highlands Project: In fall 2012, Tim Lewis Communities, dba TL Partners II, LP,
began efforts to develop the Fredrich and Vargas properties on the west side of Tassajara
Road. In mid -2013, City staff began discussions with Tim Lewis Communities about providing
the City of Dublin the right -of -way and easements necessary for construction of the Moller Creek
culvert. The ultimate culvert right -of -way needed is approximately 0.9 -acres of the southern
portion of the Fredrich parcel. Additionally, a temporary grading and construction easement is
needed on the Fredrich parcel and a PG &E pole easement is needed on the Vargas parcel.
In exchange for the right -of -way and easements, Staff recommends that a portion of City of
Dublin property be granted to Tim Lewis Communities for inclusion in their Tassajara Highlands
project. The City of Dublin owns a two -acre parcel on the west side of Tassajara Road, directly
south of the Fredrich parcel. A portion of this parcel would be exchanged for the culvert right -of-
way and easements. The City of Dublin acquired, in fee title, the unimproved property in 2007
as part of the ultimate right -of -way for Tassajara Road. The portion being granted to Tim Lewis
Communities is not needed for future road right -of -way purposes.
Page 2 of 4
Tim Lewis Communities does not yet own fee title to the Fredrich or Vargas properties, therefore
the exchange agreement (Attachment 3) includes terms requiring the provision of easement
rights to the City of Dublin before the ultimate culvert right -of -way is granted. Tim Lewis
Communities is under contract to purchase both the Fredrich and Vargas properties by mid -
2015.
Summary of Exchange Agreement: The following table summarizes the terms of the
proposed exchange agreement (Attachment 3) between the City of Dublin and Tim Lewis
Communities (dba TL Partners II, LP):
Properties Involved
Assessor Parcel Number
Approximate Area in Acres
Fredrich Parcel
986- 0004 - 002 -03
8.58
Vargas Parcel
986- 0004 - 002 -01
4.35
City Parcel
986- 0004 - 003 -00
2.00
City of Dublin
Description
Agreement
Receives
Section
Grant Deed for
City receives land for culvert and street right -of-
3
Land
way sixty (60) days after the later of: (1) approval
of the Tassajara Highlands project and expiration
of the appeal periods or (2) Tim Lewis
Communities closes on both the Fredrich and
Vargas properties
Culvert Easement
City receives easements (permanent culvert
5.1
easement and temporary construction easement)
five (5) days after the effective date of the
exchange agreement
PG &E Easement
PG &E receives an easement to accommodate
5.2
existing overhead power lines that must be
relocated with the construction of the culvert
Tim Lewis
Agreement
Communities
Section
Receives
Grant Deed for
Developer receives land to be included in
6.1
Land
Tassajara Highlands project, after Developer
closes on the Fredrich and Vargas Properties
EDTIF Credits
Developer receives EDTIF credits in accordance
3
with adopted EDTIF Administrative Guidelines
Permit Processing
City will diligently pursue the review and permitting
4
of mass grading and demolition plans for the
Tassajara Highlands project. Permits are
contingent upon Tim Lewis Communities receipt
of necessary regulatory agency permits and other
project approvals
Storm Drain
Developer may construct certain Tassajara
5.5
Facilities
Highlands project storm drain facilities within the
culvert property. These facilities will be subject to
an encroachment permit and will be maintained by
the Tassajara Highlands HOA.
Page 3 of 4
Budget Change: In order to facilitate the terms of the exchange agreement, the City of Dublin
will incur closing costs, escrow fees, as well as attorney and Staff costs. Closing costs and
escrow fees will be split equally between the City of Dublin and Tim Lewis Communities. An
EDTIF budget change is proposed to use up to $100,000 of EDTIF Category 1 revenue to cover
City costs associated with the exchange agreement.
Staff is also recommending an EDTIF budget change of $40,000 of EDTIF Category 1 revenue
to commission a traffic analysis to support the precise plan study of Tassajara Road. The
approval of the Moller Ranch project included a condition that allowed the developer to defer
Tassajara Road street improvements, pending completion of the precise plan study between the
City of Dublin and Contra Costa County. Since the December 2012 City Council approval of the
Moller Ranch project, City of Dublin and Contra Costa County staff have been coordinating
regarding the precise plan study and potential realignment to address safety improvements on
Camino Tassajara (Contra Costa County side).
The proposed $140,000 budget change will come from EDTIF Category 1 revenue specifically
related to the northernmost segment of the EDTIF Tassajara Road project. The EDTIF
Tassajara Road project includes estimated expenses for administration, design, and right -of-
way acquisition. No General Fund revenue will be used for this project.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A copy of this report has been provided to Tim Lewis Communities, dba TL Partners II, LP.
ATTACHMENTS: 1. Location Map
2. Resolution Approving the Land Exchange Agreement
3. Exhibit "A" to Resolution, Land Exchange Agreement
4. Budget Change Form
Page 4 of 4
LOCATION MAP
Note: 2005 Aerial Photography, Source City of Dublin GIS
RESOLUTION NO. -14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A LAND EXCHANGE AGREEMENT
FOR PROPERTY ON TASSAJARA ROAD WITH TL PARTNERS II, LP
WHEREAS, on October 2, 2007, the City Council adopted Resolution 183 -07 that
approved a purchase and sale agreement to acquire property on Tassajara Road, known as
Assessor Parcel Number 986- 0004 -003, a portion of said property being needed for future
Tassajara Road right -of -way; and
WHEREAS, on November 2, 2007, a deed was recorded that granted the City of Dublin
the property known as Assessor Parcel Number 986- 0004 -003; and
WHEREAS, on March 16, 2010, the City Council adopted Resolution 40 -10 that
approved an update to the Eastern Dublin Traffic Impact Fee program, which includes
Tassajara Road widening, culvert replacement, and right -of -way acquisition as a Category 1
project.; and
WHEREAS, on December 18, 2012, the City Council adopted Resolution 210 -12 that
approved the Moller Ranch project, with conditions of approval that require the Moller Ranch
developer to replace the existing Tassajara Road culvert crossing of Moller Creek; and
WHEREAS, replacement of the existing Tassajara Road culvert crossing of Moller Creek
requires the acquisition of right -of -way and easements from properties located west of
Tassajara Road, those properties being the Fredrich Property, Assessor Parcel Number 986-
0004- 002 -03, and the Vargas Property, Assessor Parcel Number 986- 0004 - 002 -01; and
WHEREAS, the developer, TL Partners II, LP, has submitted applications for residential
subdivision project known as Tassajara Highlands, located west of Tassajara Road, on both the
Fredrich Property and Vargas Property; and
WHEREAS, portions of the City of Dublin property, Assessor Parcel Number 986 -0004-
003, are not necessary for future Tassajara Road right -of -way; and
WHEREAS, the developer has indicated that the Tassajara Highlands project is planned
to use those portions of Assessor Parcel number 986- 0004 -003 that are not necessary for
future Tassajara Road right -of -way; and
WHEREAS, the developer has executed and filed with the City of Dublin a Land
Exchange Agreement, attached hereto as Exhibit "A," and said agreement will provide to the
City of Dublin the right -of -way and easements necessary to replace the existing Tassajara
Road culvert crossing of Moller Creek.
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 in its current form, or with minor changes, as necessary and
appropriate to carry out the intent of this Resolution.
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 15th day of July, 2014, by the following
vote:
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
LAND EXCHANGE AGREEMENT
THIS LAND EXCHANGE AGREEMENT ( "Agreement ") is entered into as of July
2014 ( "Effective Date ") by and between the City of Dublin ( "City ") and TL
Partners II, LP, a California limited partnership ( "Developer"). City and Developer are
hereinafter- collectively referred to as the "Parties."
RECITALS
A. Developer has entered into a Real Property Purchase and Sale
Agreement for the purchase of certain real property consisting of 8.58 acres located at
6960 Tassajara Road in the City of Dublin, California known as Assessor Parcel
Number 986 - 0004 - 002 -03, as more particularly described on Exhibit A attached hereto
and incorporated herein by this reference (the "Fredrich Property "). Fredrich Property
is currently owned by Thomas A. Fredrich and Helene L. Fredrich as Trustees of the
Fredrich Family Trust (collectively, the "Fredrich Owner ").
B. Developer has also entered into a Real Property Purchase and Sale
Agreement for the purchase of certain real property consisting of 4.35 acres located at
7020 Tassajara Road in the City of Dublin, California known as Assessor Parcel
Number 986 -0004- 002 -01, as more particularly described on Exhibit B attached hereto
and incorporated herein by this reference (the "Vargas Property "). Vargas Property is
currently owned by Jose L. Vargas and Violeta Vargas (collectively, the "Vargas
Owner").
C. The Fredrich Property and the Vargas Property are collectively referred to
herein as the "Developer Property" and the Fredrich Owner and the Vargas Owner are
collectively referred to herein as the "Property Owner".
D. Developer is currently processing applications with the City for the
development of approximately 47 single family homes on the Developer Property,
together with all associated infrastructure improvements (the "Development Project ").
E. In accordance with the provisions of the Dublin Municipal Code, any
approval of the Development Project by the City will include (a) the dedication to the
City of approximately 27,000 square feet of land on the Developer Property for inclusion
in the Tassajara Road right of way, as more particularly described and depicted on
Exhibit C attached hereto and incorporated herein by this reference (the "ROW Land ")
and (b) in accordance with the provisions of the Eastern Dublin Traffic Impact Fee (the
"EDTIF ") Administrative Guidelines, a credit of traffic impact fees to Developer in
exchange for the dedication of the ROW Land that exceeds the maximum dedication
required by the Dublin Municipal Code.
F. The City desires to construct a replacement culvert for the Moller Creek
crossing of Tassajara Road (the "Moller Creek Culvert") prior to Developer's
acquisition of the Development Property and said construction requires a construction
license and easement over a portion of the Fredrich Property, as more particularly
described on Exhibit D attached hereto and incorporated herein by this reference (the
Exchange Agreement V10 07 10 14 Page 1 of 16
"Culvert Property ") as well as the creation of a new easement in favor of Pacific Gas &
Electric Company (the "PG&E Easement ") over a portion of the Vargas Property, as
more particularly described on Exhibit E attached hereto and incorporated herein by this
reference .
G. The City is the fee owner of certain real property consisting of .
approximately 1.7 acres (the "City Property ") located in the City on Tassajara Road,
known as Parcel 3 of Parcel Map 1193, Assessor Parcel Number 986- 0004 - 003 -00, as
more particularly described in Exhibit F attached hereto and incorporated herein by this
reference.
H. Subject to the terms and conditions set forth in this Agreement, including
without limitation, compliance with the California Environmental Quality Act ( "CEQA ")
where applicable, Developer and City have agreed that: (i) Developer shall cause the
Fredrich Owner to grant City the Culvert Easement and shall cause the Vargas Owner
to grant PG &E the PG &E Easement; (ii) Developer shall convey the Culvert Property to
the City; (iii) City shall convey the City Property to Developer; and (iv) City shall grant
Developer traffic impact fee credits for the ROW Land in accordance with the Eastern
Dublin Traffic Impact Fee Administrative Guidelines.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereby agree as follows.
1. Recitals: Effective Date. The Parties acknowledge that the foregoing recitals are
true and correct and are incorporated herein by this reference. The effective date of this
Agreement shall be the date first listed above.
2. Property Owner Conveyances to Developer. In accordance with the purchase
agreements for the Developer Property, Developer will acquire the Vargas Property on
or before May 2, 2015 and will acquire the Fredrich Property on or before June 20,
2015.
3. Dedication of ROW Land. Developer shall dedicate the ROW Land to City within
sixty (60) days after the later to occur of: (i) final approval of a tentative map for the
Development Project, with all appeal periods expired or (ii) closing on the conveyance
of both the Fredrich Property and the Vargas Property to Developer. Upon dedication of
the ROW Land, City will grant Developer TIF Credits for the ROW Land that is included
in the EDTIF and that exceeds the maximum dedication required by the Dublin
Municipal Code. The TIF Credits shall be granted at the greater of the rate as of July 1,
2014 ($38.65/SF) or the rate in effect at the time the TIF Credits are - granted to
Developer.
4. Permit Processing. In further consideration of Developer's agreement to the
terms and conditions of this Agreement, City agrees to diligently pursue the review of
the mass grading plans and demolition permit application for the Development Project.
Developer acknowledges and agrees that no demolition, grading, or other construction
activity shall commence until the Development Project has received all necessary
approvals from the City.
Exchange Agreement V10 07 10 14 Page 2 of 16
5. Culvert Easement and Developer Conveyance to City.
5.1. Developer Culvert Easement Conveyance. No later than five (5) Business
Days following the Effective Date, the Developer shall cause the Fredrich Owner to
convey to City and City shall accept from the Fredrich Owner, the Culvert Easement.
The conveyance of the Culvert Easement from the Fredrich Owner to City shall be
accomplished by recordation of a construction license and a separate grant of
easement, substantially in the form attached hereto as Exhibit G (collectively, the
"Culvert Easement ").
5.2. Developer PG &E Easement Conveyance. The Developer shall use
commercially reasonable efforts to cause the Vargas Owner to convey to PG &E the
PG &E Easement as soon as practicable after the Effective Date. The conveyance of
the PG &E Easement from the Vargas Owner to PG &E shall be accomplished by
recordation of a grant of easement, substantially in the form attached hereto as Exhibit
E.
5.3. Developer Conveyance. Subject to satisfaction of the conditions
precedent set forth in this Section, Developer shall convey to City and City shall accept
from Developer, the Culvert Property in accordance with the terms, covenants and
conditions set forth herein. The conveyance of the Culvert Property from Developer to
City shall be accomplished by recordation of a grant deed, substantially in the form
attached hereto as Exhibit H ( "Developer Grant Deed ").
5.4. Conditions Precedent. Notwithstanding anything to the contrary set forth
herein, Developer's conveyance of the Culvert Property to City is expressly conditioned
upon satisfaction of the following conditions ( "Developer Conditions Precedent "):
(i) removal by Developer of hazardous material located on the Culvert
Property;
(ii) City receipt of all approvals and permits necessary to construct the
Moller Creek Culvert;
(iii) construction by the City, its contractors, or its permittees of (a)
certain public utilities and (b) other improvements and grading necessary to construct
the Moller Creek Culvert, all as identified on Exhibit I ( "Culvert Improvements ")
attached hereto; and
(iv) Developer's closing on the acquisition of the Fredrich Property;
5.5. Mutual Cooperation with Respect to the Culvert Property. In connection
with the Development Project, Developer will be constructing certain storm drain
facilities on the Culvert Property, including an outfall and a drainage connection
Exchange Agreement V10 07 10 14 Page 3 of 16
between the Developer Property and the City Property (the "Developer Storm Drain
Facilities "). In order to ensure that both the Developer Storm Drain Facilities and the
Moller Creek Culvert (the "Culvert Property Facilities ") can be constructed on the
Culvert Property without any adverse impact on either party's project, City and
Developer agree to mutually cooperate on the design and construction of the Culvert
Property Facilities. Such cooperation shall include, but not be limited to, providing initial
copies of all plans and designs for each party's proposed Culvert Property Facilities,
providing updated copies of plans and designs as they are developed, coordinating the
location and treatment of mitigation measures required by the Agencies (as defined in
Section 5.5 below), coordinating construction activities on the Culvert Property and
attending periodic meetings called by either party to address conflicts or inconsistencies
in the plans for the Culvert Property Facilities or issues that arise during construction of
the Culvert Property Facilities. City specifically acknowledges that Developer may
complete construction of the Developer Storm Drain Facilities prior to the start of
construction on the Moller Creek Culvert. In that event, City and Developer
acknowledge that the storm drain connection between the Developer Property and the
City Property may need to be removed and then replaced in order to construct the
Moller Creek Culvert and agree that City shall be solely responsible for the cost of
removing and replacing Developer's storm drain connection. City further acknowledges
and agrees that if City grants any third party the right to construct the Moller Creek
Culvert on the City's behalf, City shall require such third party to comply with the terms
of this Section 5.4.
5.6. Compliance with Agency Requirements. City and Developer acknowledge
that installation of the Culvert Property Facilities will require approvals from various
state and federal agencies, including without limitation the Regional Water Quality
Control Board and the United States Army Corps of Engineers (the "Agencies "). City
and Developer further acknowledge that in connection with issuing permits for the
Culvert Property Facilities, the Agencies may require Developer to install mitigation
measures on the Culvert Property and may also require deed restrictions on the Culvert
Property to enforce any such permit conditions. City agrees to accept any deed
restrictions on the Culvert Property required by the Agencies and further agrees to grant
Developer a long term encroachment agreement (the "Encroachment Agreement "), in
the form attached hereto as Exhibit J, for the Developer to manage any mitigation areas
located on the Culvert Property which are related to the Developer Storm Drain
Facilities.
6. City Conveyance to Developer.
6.1. City Conveyance. Subject to satisfaction of the conditions precedent set
forth in this Section, in the sole discretion of City, City shall convey to Developer and
Developer shall accept from City, the City Property in accordance with the terms,
covenants and conditions set forth herein. The conveyance of the City Property from
City to Developer shall be accomplished by recordation of a grant deed, substantially in
the form attached hereto as Exhibit K ( "City Grant Deed ").
Exchange Agreement V10 07 10 14 Page 4 of 16
6.2. Conditions Precedent. Notwithstanding anything to the contrary set forth
herein, conveyance of the City Property to the Developer is expressly conditioned upon
satisfaction of all the following conditions ( "City Conditions Precedent'):
(i) Developer's closing on the acquisition of the Fredrich Property and
Vargas Property, as evidenced by a written notice from Developer to City delivered no
later than ten (10) days after the Developer closing on the Vargas Property (the "Vargas
Notice ") and on Fredrich Property (the "Fredrich Notice ").
7. Closing.
7.1. Escrow: Escrow Instructions. Not later than thirty (30) days following the
Effective Date, City and Developer shall open an escrow at the office of First American
Title Company, located at 6683 Owens Drive, Pleasanton, CA 94588 ( "Title Company"
or "Escrow Agent ") or such other title company as may be mutually agreed upon by the
Parties. Upon the opening of escrow, the Parties shall deposit with the Escrow Agent
an executed copy of this Agreement, which together with such additional instructions as
may be executed by either Party and delivered to the Escrow Agent, shall serve as the
escrow instructions of City and Developer for the conveyance of the City Property to
Developer and the conveyance of the Culvert Property to City.
7.2. Close of Escrow: Closing Costs. Each Party shall pay the cost of any title
insurance such Party elects to purchase with respect to the property to be acquired by
such Party pursuant to this Agreement. City and Developer shall each pay one -half
(1/2) of all other closing costs and escrow fees (including without limitation recording
fees, escrow charges, real estate transfer taxes, and documentary transfer taxes)
associated with the close of escrow for the conveyance of the City Property to
Developer ( "Developer Close of Escrow ") and the conveyance of the Culvert Property
to City ( "City Close of Escrow ").
7.3. Closing: Documents and Funds: Timing. Provided that the conditions set
forth in Section 6 have been satisfied, City and Developer shall have thirty (30) days
from the date of the Vargas Notice or the Fredrich Notice, whichever is later, to deposit
into escrow all the documents described in this Section (the "Closing Documents ").
The Developer Close of Escrow and City Close of Escrow shall take place within five (5)
Business Days following the deposit into escrow of the Closing Documents(each, a
"Closing Date "). In order to comply with said conditions precedent, the Parties hereby
acknowledge that the City Close of Escrow may take place prior to the Developer Close
of Escrow. The Parties each agree that they shall not unreasonably condition, delay, or
withhold consent to an extension of either Closing Date.
(i) City Close of Escrow. The Parties shall deposit the following
documents into escrow for the City Close of Escrow:
Exchange Agreement V10 07 10 14 Page 5 of 16
(a) City shall deposit a duly executed and acknowledged
Certificate of Acceptance for the Culvert Property, substantially in the form attached to
Exhibit L;
(b) Developer shall deposit the fully- executed Developer Grant
Deed substantially in the form attached hereto as Exhibit H sufficient to convey good
and marketable fee simple title to the Culvert Property free of all title defects and
encumbrances except the Permitted Exceptions (as defined in Section 11);
(c) Developer and City shall each deposit into escrow their
respective share of closing costs as set forth in Section 8.2;
(d) Developer and City shall each deposit such additional duly
executed instruments and documents as the Escrow Agent may reasonably require to
consummate the conveyance of the Culvert Property to City.
(ii) Developer Close of Escrow. The Parties shall deposit the following
documents into escrow for the Developer Close of Escrow:
(a) City shall deposit a fully - executed City Grant Deed
substantially in the form of Exhibit K sufficient to convey to Developer good and
marketable fee simple title to the City Property free of all title defects and encumbrances
except the Permitted Exceptions;
(b) Developer and City shall each deposit into escrow their
respective share of closing costs as set forth in Section 8.2; and
(c) Developer and City shall each deposit such additional duly
executed instruments and documents as the Escrow Agent may reasonably require to
consummate the conveyance of the City Property to Developer.
7.4. Prorations. In connection with the conveyance of the City Property to
Developer and the Culvert Property to City, the Escrow Agent shall make the following
prorations: (i) property taxes and assessments shall be prorated as of the Closing Date
based upon the most recent tax bill available, including any property taxes which may
be assessed after the Closing Date but which pertain to the period prior to the transfer
of title, regardless of when or to whom notice thereof is delivered; (ii) any bond or
assessment that constitutes a lien on the City Property on the Closing Date shall be
assumed by Developer and any lien on the Culvert Property shall be assumed by City
(provided however, it shall be a condition to Closing that any such bond or assessment
be paid current by each Party). Any utility and sewer service charges shall be prorated
as of the respective Closing Date.
The Escrow Agent shall close escrow for the conveyance of the City Property to
Developer and the Culvert Property to the City by:
Exchange Agreement V10 07 10 14 Page 6 of 16
(i) causing the Developer Grant Deed and the City Grant Deed to be
recorded in the official records of Alameda County;
(ii) issuing the Title Policies (defined in Section 10) for the City
Property and the Culvert Property and delivering same to Developer and City,
respectively; and
(iii) delivering to Developer and City a conformed copy of the grant
deeds for the property to be conveyed to each, indicating recording information thereon.
On each respective Closing Date, possession of the City Property shall be
delivered to Developer and possession of the Culvert Property shall be delivered to the
City.
8. Title Documents. No later than ten (10) Business Days following the Effective
Date, each Party shall deliver or cause to be delivered to the other Party an updated
title report for its respective property ( "Preliminary Report") setting forth all liens,
encumbrances, easements, restrictions, conditions, and other matters of record
affecting title to that property ( "Title Exceptions ") together with copies of all instruments
referred to therein. Each Party shall approve or disapprove each Title Exception within
thirty (30) days following receipt of the Preliminary Report and documents relating to the
Title Exceptions. Upon failure to object within such period, any Title Exceptions that are
not disapproved shall be deemed to be Permitted Exceptions (as defined in Section 11).
If either Party objects to any Title Exception, the other Party shall use its best efforts at
its sole expense to remove from title or otherwise satisfy each such exception in a form
that is reasonably satisfactory to the requesting Party within thirty (30) days following
the date that the objecting Party objects to such exception.
9. Title Policy. It shall be a condition to the close of escrow that Title Company
shall deliver to the each Party, no later than seven (7) days prior to each Closing Date,
a title commitment for an Owner's Title Insurance Policy ( "Title Policy ") to be issued by
Title Company in an amount to be determined by the Parties, showing title to each
Property, subject only to the Permitted Exceptions (as defined in Section 11), including
such endorsements as may reasonably be requested by each Party and committing
Title Company to issue each Title Policy to its respective Party upon the Close of
Escrow.
10. Conveyance of Title. Each Party shall convey by grant deed to the other Party
marketable fee simple title to its respective property, free and clear of all recorded and
unrecorded liens, encumbrances, restrictions, easements, and leases, except: (i) liens
for nondelinquent general and special taxes, assessments and /or bonds; and (ii) such
other conditions, liens, encumbrances, restrictions, easements and exceptions as set
forth in Exhibit M or approved in writing by City or Developer or deemed approved by
City or Developer as provided in Section 9 (all of the foregoing, are collectively
hereinafter referred to as the "Permitted Exceptions ").
Exchange Agreement V10 07 10 14 Page 7 of 16
11. Due Diliaence.
11.1. Feasibility Studies. During the period commencing upon the Effective
Date and terminating one hundred twenty (120) days thereafter ( "Due Diligence
Period "), Developer and City may undertake further inspection, review and testing of
the City Property and the Culvert Property, respectively, including without limitation (i) a
review of the physical condition of such property, including inspection and examination
of soils, environmental condition, and archeological information relating to the property;
(ii) completion of Phase I and Phase II, if required, environmental assessments; (iii) a
review and investigation of the effect of any zoning, maps, permits, reports, engineering
data, regulations, ordinances, and laws affecting the property, and (iv) an evaluation of
the property to determine its feasibility for the Party's intended use. All of the foregoing
is hereinafter collectively referred to as "Feasibility Studies." The Parties may consult
with or retain civil engineers, contractors, soils and geologic engineers, architects and
other specialists in its investigation, and may consult with or retain other consultants to
determine if the property is suitable for each Party's intended use. Each Party shall
bear the costs of its Feasibility Studies and consultations.
11.2. Contracts, Reports and Investigations. City and Developer each agree to
make available within ten (10) Business Days following the Effective Date, any and all
information, studies, reports, investigations, contracts, leases, rental agreements and
other obligations concerning or relating to the property such Party has agreed to convey
pursuant to this Agreement which are in such Party's possession or which are
reasonably available to such Party, including without limitation any Phase I
Environmental Site Assessments, surveys, studies, reports and investigations
concerning the property's physical, environmental or geological condition, habitability, or
the presence or absence of Hazardous Substances in, on or under the property and its
compliance with Environmental Laws (as defined in Section 16).
12. Right of Entry. During the Due Diligence Period, each Party grants to the other
and to the other Party's agents and employees a right of entry, to enter its property
upon reasonable notice for the purpose of inspecting, examining, surveying and
reviewing such property in accordance with Section 12. Each Party's inspection,
examination, survey and review of such property shall be at such Party's sole expense.
Each Party shall obtain the other Party's advance consent to any proposed physical
testing of the property, which consent shall not be unreasonably conditioned, withheld
or delayed. Physical tests shall be scheduled during normal business hours unless
otherwise approved by the owner of the property to be tested. For purposes of this
provision, Developer shall be responsible for obtaining consent from the Fredrich Owner
for City's access to the Fredrich Property. Each Party agrees to indemnify the other
Party and to hold the other Party harmless from and against all Liability, loss, cost,
damage and expense (including, without limitation, reasonable attorney's fees and costs
of litigation) resulting from such Party's activities pursuant to this Section. This Section
will survive the expiration or termination of this Agreement and the Close of Escrows.
Exchange Agreement V10 07 10 14 Page 8 of 16
13. "As Is" Purchase. Except as otherwise specified in this Agreement, each Party
agrees to accept the property conveyed to it pursuant to this Agreement, including the
land, all buildings, structures, improvements, equipment, and operating systems located
on or under the land "AS IS, WHERE IS" and in its current state and condition, without
any warranties whatsoever regarding its condition except as specifically described in
this Agreement, and with all faults and defects, including Hazardous Substances and
any other environmental conditions or hazards, if any, that may be located on, under, or
around the property, whether known or unknown, suspected or unsuspected, actual or
potential, and each Party assumes all responsibility for any such faults, defects, and
conditions as of the Close of Escrow.
14. Representations Warranties, and Covenants.
14.1. Representations and Warranties.
(i) City hereby represents, warranties, and covenants that except as
disclosed in writing to Developer, as of the Effective Date and as of the Close of Escrow
with respect to the City Property: (a) no contracts, licenses, leases or commitments
regarding the maintenance or use of the property or allowing any third party rights to
use the property are in force; (b) City knows of no pending actions, suits, condemnation
or other proceedings against or affecting the property or any portion thereof or the
interest of City in the property; (c) there are no threatened or pending condemnation,
eminent domain, or similar proceedings affecting the property or any portion thereof; (d)
City knows of no receipt of notice, warning, notice of violation, administrative complaint,
judicial complaint, or other formal or informal notice alleging that conditions on the
property are in violation of any Environmental Law; (e) City has disclosed all material
facts concerning the property; and (f) City shall comply with all local entitlement
processes.
(ii) Developer hereby represents, warranties, and covenants that
except as disclosed in writing to City, as of the respective close of escrow on each of
the Fredrich Property and the Vargas Property and as of the Close of Escrow with
respect to the Culvert Property: (a) no contracts, licenses, leases or commitments
regarding the maintenance or use of the property or allowing any third party rights to
use the property are in force; (b) Developer knows of no pending actions, suits,
condemnation or other proceedings against or affecting the property or any portion
thereof or the interest of Developer in the property; (c) there are no threatened or
pending condemnation, eminent domain, or similar proceedings affecting the property or
any portion thereof; (d) Developer knows of no receipt of notice, warning, notice of
violation, administrative complaint, judicial complaint, or other formal or informal notice
alleging that conditions on the property are in violation of any Environmental Law; (e)
Developer has disclosed all material facts concerning the property; and (f) Developer
shall comply with all local entitlement processes.
14.2. Additional Representations. Each Party further represents and warrants
that this Agreement and all other documents to which it is a party and that are delivered
or to be delivered in connection herewith shall at the time of their delivery: (i) have been
Exchange Agreement V10 07 10 14 Page 9 of 16
duly authorized, executed, and delivered; (ii) be the binding obligations of that Party; (iii)
collectively be sufficient to transfer all of that Party's right, title and interest in and to the
property being conveyed; and (iv) not be in violation of the provisions of any agreement
to which Party is a party or which affects the property being conveyed. Each Party
further represents and warrants that the persons who have executed this Agreement on
behalf of that Party are authorized to do, that it has the legal right to enter into this
Agreement and to perform all of its terms and conditions, and that this Agreement is
enforceable against the Party in accordance with its terms.
14.3. Covenants.
(i) City covenants that from the Effective Date and through the Close
of Escrow, it: (a) shall not willingly permit any liens, encumbrances, or easements to be
placed on its property other than Permitted Exceptions; (b) shall not without the prior
written consent of Developer, enter into any agreement regarding the sale, rental,
management, repair, improvement, or any other matter affecting its property that would
be binding on Developer or the property after the Close of Escrow; (c) shall not permit,
except as specifically provided herein with respect to the demolition required on the City
Property, any act of waste or act that would tend to diminish the value of the property for
any reason, except that caused by ordinary wear and tear; and (d) shall maintain the
City Property in its condition as of the date hereof, ordinary wear and tear excepted, and
shall manage the property substantially in accordance with City's established practices.
(ii) Developer covenants that from the respective close of escrow on
each of the Fredrich Property and the Vargas Property and through the Close of
Escrow, it: (a) shall not willingly permit any liens, encumbrances, or easements to be
placed on the Culvert Property other than Permitted Exceptions; (b) shall not without the
prior written consent of City, enter into any agreement regarding the sale, rental,
management, repair, improvement, or any other matter affecting the Culvert Property
that would be binding on City or the Culvert Property after the Close of Escrow; (c) shall
not permit any act of waste or act that would tend to diminish the value of the Culvert
Property for any reason, except that caused by ordinary wear and tear; and (d) shall
maintain the Culvert Property in its condition as of the date of close of escrow on the
Fredrich Property, ordinary wear and tear excepted, and shall manage the property
substantially in accordance with City's established practices.
14.4. Notification. Each Party shall notify the other Party of any facts that would
cause any of the representations contained in this Agreement to be untrue as of the
Close of Escrow. If either Party reasonably believes that any fact materially and
adversely affects the property that Party is to acquire pursuant to this Agreement, such
Party shall have the option to terminate this Agreement by delivering written notice
thereof to other Party. In the event either Party elects to terminate this Agreement, all
funds and documents deposited into escrow by or on behalf of each Party shall be
returned to that Party, and all rights and obligations hereunder shall terminate.
Exchange Agreement V10 07 10 14 Page 10 of 16
15. Mutual Release and Indemnity. Each Party (i) releases and forever discharges
the other Party from any and all claims and causes of action under or with respect to
any Environmental Laws, including without limitation the California Hazardous
Substance Account Act, California Health and Safety Code Section 25300 et seq.,
(including section 25359.7), the Comprehensive Environmental Response,
Compensation, and Liability Act, ( "CERCLA ") title 42 U.S.C. section 9601 et seq., the
Resource Conservation and Recovery Act ( "RCRA ") title 42 U.S.C. section 6901 et
seq.; and the Clean Water Act, title 33 U.S.C. section 2601 et seq., as these laws may
be amended in the future; and (ii) agrees to defend (with counsel approved by both
Parties, which approval will not be unreasonably withheld) indemnify, protect and hold
the other Party free and harmless from any claim, Liability, damages of any kind,
attorneys' fees, costs, etc. arising out of or resulting from the physical condition or use
of the property on or after Close of Escrow, including, without limitation, due to the
presence of Hazardous Substances on the property, as well as any claims or causes of
action threatened or made by anyone relating to the condition or use of the property,
including, without limitation, third parties adjoining property owners, governmental
agencies, or claims brought under Proposition 65, California Health and Safety Code
Sections 25249.5- 25249.13.
15.1. "Hazardous Substances" means any chemical, compound, material,
mixture, or substance that is now or may in the future be defined or listed in, or
otherwise classified pursuant to any Environmental Laws (defined below) as a
"hazardous substance ", "hazardous material ", "hazardous waste ", "extremely hazardous
waste ", "infectious waste ", "toxic substance ", "toxic pollutant ", or any other formulation
intended to define, list or classify substances by reason of deleterious properties such
as ignitability, corrosivity, reactivity, carcinogenicity, or toxicity. The term "hazardous
substances" shall also include asbestos or asbestos - containing materials, radon, methyl
tertiary butyl ether, perchlorate, polychlorinated biphenyls, petroleum, petroleum
products or by- products, petroleum components, oil, mineral spirits, natural gas, natural
gas Liquids, liquefied natural gas, and synthetic gas usable as fuel, whether or not
defined as a hazardous waste or hazardous substance in the Environmental Laws.
15.2. "Environmental Laws" means any and all federal, state and local
statutes, ordinances, orders, rules, regulations, guidance documents, judgments,
governmental authorizations, or any other requirements of governmental authorities, as
may presently exist, or as may be amended or supplemented, or hereafter enacted,
relating to the presence, release, generation, use, handling, treatment, storage,
transportation or disposal of Hazardous Substances, or the protection of the
environment or human, plant or animal health.
16. Miscellaneous Provisions.
16.1. Notices. Except as otherwise specified in this Agreement, all notices to be
sent pursuant hereto shall be made in writing, and sent to the parties at their respective
addresses specified below or to such other address as a party may designate by written
Exchange Agreement V10 07 10 14 Page 11 of 16
notice delivered to the other parties in accordance with this Section. All such notices
shall be sent by:
(i) personal delivery, in which case notice shall be deemed delivered
upon receipt;
(ii) certified or registered mail, return receipt requested, in which case
notice shall be deemed delivered two (2) Business Days after deposit, postage prepaid
in the United States mail;
(iii) nationally recognized overnight courier, in which case notice shall
be deemed delivered one (1) day after deposit with such courier; or
(iv) facsimile or electronic mail (provided a hard copy of such
transmission is thereafter delivered in one of the foregoing prescribed methods).
Developer: Director of Land
TL Partners II, LP
3500 Douglas Blvd., Suite 270
Roseville, CA 95661
City: City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
16.2. Attorneys' Fees. In any action at law or in equity, arbitration or other
proceeding arising in connection with this Agreement, the prevailing party shall recover
reasonable attorneys' fees and other costs, including but not limited to court costs and
expert and consultants fees incurred in connection with such action, in addition to any
other relief awarded.
16.3. Escrow Cancellation Charges. If the escrow fails to close by reason of a
default by City or Developer hereunder, such defaulting party shall pay all escrow or
other Title Company charges. If the escrow fails to close for any reason other -than
default by City or Developer, then City and Developer shall each pay one -half of such
charges.
16.4. Amendments: Assignment. This Agreement may be amended only by a
written instrument executed by the Parties hereto or their successors in title.
16.5. Severability. If any term, provision, or condition of this Agreement is held
by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this
Agreement shall continue in full force and effect unless the rights and obligations of the
Parties have been materially altered or abridged thereby.
Exchange Agreement V10 07 10 14 Page 12 of 16
16.6. Waiver. , A waiver by either party of the performance of any covenant or
condition herein shall not invalidate this Agreement nor shall it be considered a waiver
of any other covenant or condition, nor shall the delay or forbearance by either party in
exercising any remedy or right be considered a waiver of, or an estoppel against, the
later exercise of such remedy or right.
16.7. Default and Remedies. An event of default ( "Default ") under this
Agreement shall occur if either Party fails to comply with any of such Party's covenants
or obligations set forth herein and does not cure such failure within ten (10) days after
receipt of written notice thereof (or in the case of a non- monetary default, fails to
commence to cure such default within such 10 -day period and fails to thereafter
proceed with due diligence to cure such default.) Upon the occurrence of an event of
default hereunder the Parties may pursue all remedies at law or in equity including the
remedy of specific performance. The rights and remedies of the Parties hereunder are
cumulative, and the exercise or failure to exercise one or more of such rights or
remedies by either Party shall not preclude the exercise by it, at the same time or
different times, of any right or remedy for the same default or any other default.
16.8. Entire Agreement. This Agreement, together with Exhibits A through M
which are hereby incorporated by reference, contains the entire agreement between the
Parties with respect to the subject matter hereof, and supersedes all prior negotiations,
documents and discussions pertaining thereto.
16.9. Binding Effect; Due Authorization. This Agreement shall be binding upon
and inure to the benefit of the heirs, administrators, executors, successors in interest
and assigns of each of the Parties hereto. Any reference in this Agreement to a
specifically named party shall be deemed to apply to any successor, heir, administrator,
executor or assign of such party who has acquired an interest in compliance with the
terms of this Agreement, or under law.
16.10. Parties Not Co- Venturers; No Brokers. Nothing in this Agreement is
intended to or does establish the parties as partners, co- venturers, or principal and
agent with one another. Each Party hereby represents and warrants to the other Party
that it has retained no broker or other party to whom a commission or finder's fee is due
with respect to the transactions contemplated hereby. Each Party agrees to defend,
indemnify, and hold the other Party harmless from and against all claims, losses, costs,
expenses and liabilities arising in connection with a breach of this representation and
warranty by the indemnifying party. The terms of this Section shall survive the
expiration or earlier termination of this Agreement and shall survive Close of Escrow.
16.11. No Third Party Beneficiaries. Nothing contained in this Agreement is
intended by the Parties, nor shall any provision of this Agreement be deemed or
construed by the Parties or by any third person, to be for the benefit of any third party,
nor shall any third party have any right to enforce any provision of this Agreement or be
entitled to damages for any breach by City or Developer of any of the provisions of this
Agreement.
Exchange Agreement V10 07 10 14 Page 13 of 16
16.12. Captions: Interpretation. The section headings used herein are solely for
convenience and shall not be used to interpret this Agreement. The Parties
acknowledge that this Agreement is the product of negotiation and compromise on the
part of both Parties, and the Parties agree, that since both Parties have participated in
the negotiation and drafting of this Agreement, this Agreement shall not be construed as
if prepared by one of the Parties, but rather according to its fair meaning as a whole, as
if both Parties had prepared it.
16.13. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be an original and all of which together shall constitute one
agreement. This Agreement may be executed and delivered by the exchange of
electronic facsimile copies, .pdf or other electronic image files of counterparts of the
signature page, which shall be considered the equivalent of ink signature pages for all
purposes.
16.14. Further Assurances. The Parties each agree to execute, acknowledge
and deliver to the other such other documents and instruments, and to undertake such
actions, as either shall reasonably request or as may be necessary to carry out the
intent of this Agreement.
16.15. Governing Law: Time is of the Essence. This Agreement shall be
interpreted under and pursuant to the laws of the State of California without regard to
principle of conflicts of laws. Time is of the essence and is a material term for all
conditions and provisions contained in this Agreement.
16.16. No Merger; Survival of Representations. The obligations stated herein
which are intended to operate after the Close of Escrow, including without limitation
indemnification obligations, shall not merge with the transfer of title but shall remain in
effect until fulfilled as provided herein. Without limiting the generality of the foregoing,
the representations and warranties made by each Party shall survive Close of Escrow.
16.17. Indemnification. Each Party shall indemnify, defend and hold harmless
the other Party and its respective boards, commissions, and elected and appointed
officials, employees, agents and contractors (collectively "Indemnitees ") from and
against all claims, actions, proceedings, demands, liabilities, judgments, losses,
expenses (including reasonable attorneys' fees and expenses) and costs (collectively
"Claims ") arising out of or related to this Agreement including any claim, action or
proceeding to attack, set aside, void or annul this Agreement or any part hereof. Each
Party shall promptly notify the other Party of any such Claim. Nothing contained in this
Section shall prohibit a Party from participating in a defense of any Claim, and if it
chooses to do so, it shall be reimbursed for its reasonable attorneys' fees and
expenses. The provisions of this Section shall survive the expiration or termination of
this Agreement and Close of Escrow.
Exchange Agreement V10 07 10 14 Page 14 of 16
16.18. Business Days Performance on Day Other Than Business Day. In this
Agreement "Business Days" means days other than Saturdays, Sundays, and federal
and state legal holidays. If any date on which a time period scheduled to expire herein is
not a Business Day, the date shall be extended to the next Business Day.
Exchange Agreement V10 07 10 14 Page 15 of 16
IN WITNESS WHEREOF, the Developer and City have executed this Agreement as of
the Effective Date first written above.
Dated:
Attest
City Clerk
CITY OF DUBLIN
A Municipal Corporation
in
City Manager
r'
Dated:
TL PARTNERS II, LP
A California limited partnership
By: TL Management, Inc.
Its. General Partner
By:
Name: Jay Timothy Lewis
Its: President
List of Exhibits
Exhibit A — Fredrich Property
Exhibit B — Vargas Property
Exhibit C — ROW Land
Exhibit D — Culvert Property
Exhibit E — PG &E Easement
Exhibit F — City Property
Exhibit G — Culvert Easement
Exhibit H — Developer Grant Deed
Exhibit I — Culvert Improvements
Exhibit J — Encroachment Agreement
Exhibit K — City Grant Deed
Exhibit L — Form of Certificate of Acceptance for Culvert Property
Exhibit M — Permitted Exceptions
Exchange Agreement V10 07 10 14 Page 16 of 16
Exhibit A
FREDRICH PROPERTY
Real property in the City of Dublin, County of Alameda, State of California, described as follows:
=0
PORTION OF THE 79.45 ACRE TRACT OF LAND FIRSTLY DESCRIBED IN THE HEED BY JOSEPH S. SOITO
JR. TO RAYMOND BROWN AND JOSEPH A. BROWN, DATED FEBRUARY 4, 1952 AND RECORDED
FEBRUARY 19,19S2, BOOK 660 OR, PAGE 515 (AG- 13911), ALAMEDA COUNTY RECORD'S, A PORTION
OF LOTS 9 AND 10 "MAP OFT HE PROPERTY OF THE ESTATE OF ELIZABETH DCKJGHERTY, DECEASED,
IN ALAMEDA AND CONTRA COSTA COUNTIES", FILED MAY 11, 1891, MAP BOOK 8, PAGE S, ALAMEDA
COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERN LINE OF SAID 79.45 ACRE TRACT WITH THE
CENTER LINE OF THE RE- ALIGNMENT OF TASSAJARA ROAD Oft COUNTY NO. 2568, AS SAID ROAD IS
DEFINED IN THE DEED BY JOSEPH S. SOTTO, JR. TO COUNTY OR ALAMEDA, DATED NOVEMBER 27,
1946 AND RECORDED DECEMBER 5, 1946, BOOK 5041, PAGE 67 ('TT- 107440), ALAMEDA COUNTY
RECORDS; RUNNING THENCE ALONG SAID CENTER LINE OF TASSAIARA ROAD FROM A TANGENT THAT
MRS NORTH 240 33' 12" EAST ALONG A CURVE TO THE LEFT" WITH A RADIUS OF 800 FEET, A
DISTANCE OF 534.82 FEET; THENCE CONTINUING ALONG SAID CENTER LINE, TANGENT WITH THE
LAST NAMED COURSE, NORTH 13° 45' WEST 292.66 FEET; THENCE SOUTH 66° 52'09- WEST 568.93
FEET; THENCE SOUTH 30° 40 45" EAST 297.56 FEET; AND SOUTH 690 03` 15° EAST 198,08 FEET TO
THE CENTER LINE OF A PRIVATE ROAD KNOWN AS DOWNING ROAD; THENCE ALONG THE LAST
NAMED LINE, NORTH 45' EAST 1+47.89 FEET TO THE EASTERN BOUNDARY LINE Of THE RANCHO SAN
RAMON; "THENCE ALONG THE LAST NAMED LINE SOUTH Ii° 35' 30'* WEST 208.28 FEET; THENCE SOUTH
7410 31' 05" WEST 34.35 FEET TO LAST SAID CENTER LINE Of TASSAJARA ROAD; THENCE ALONG THE
LASE' NAMED LINE, SOUTH 00 35'30- WEST 143.65 FEET TO A UNE DRAWN SOUTH 89° 51' WEST
FROM THE POINT OF BEGINNING; THENCE NORTH 890 51' EAST 138.76 FEET TO THE POINT OF
BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF WHICH LIES WITHIN THE RE- ALIGNMENT" OF
TASSAJARA ROAD OR COUNTY ROAD NO. 2568.
PARCEL'TWO:
BEING A PORTION OF PLOT 10, "MAP OF THE PROPERTY OF THE ESTATE OF E. A. DOUGHERTY", FILED
MAY 11, 1891, MAP BOOK 8, PAGE 75, ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERN BOUNDARY LINE OF THE 79.45 ACRE TRACT
OF LAND TO RAYMOND BRAWN AND JOSEPH A. BROWN, RECORDED FEBRUARY 19, 1953, IN 6660 OR
S1S (AG -1. 391.1) AND THE EASTERLY BOUNDARY LINE OF THE FORMER RANCHO SAN RAMON; THENCE
NORTH 00 35` 30" EAST 143.65 FEET TO THE POINT OF BEGINNING OF THE PARCEL Of LAND TO BE
DESCRIBED, THENCE NORTH 0* 35'30' EAST 208.28 FEET; THENCE SOUTH 450 WEST. 147.89 FEET;
THENCE SOUTH 31° 33' 20" EAST 132.45 FEET; AND THENCE EASTERLY 3433 FEET TO THE ACTUAL
POINT OF BEGINNING.
ASSESSORS PARCEL NO. 945 - 541 -2 -3
PARCEL THREE:
ALL OF THAT CERTAIN REAL: PROPERTY DESCRIBED IN REEL 1318, IMAGE 383, SERIES NO. AW-
152055, ALAMEDA COUNTY RECORDS LYING SOUTHERLY OF THE LINE DESCRIBED AS FOLLOWS:
COMMENCING ON THE EASTERLY LINE OF TASSAJARA ROAD AT ALAMEDA COUNTY STATION 129 +
33.50 AS SHOWN ON RECORD OF SURVEY NO. $19 RECORDED NOVEMBER 13, 1974, BOOK 9 OF
RECORD OF SURVEYS, PAGE 73, AIAMEDA COUNTY RECORDS; RUNNING THENCE SOUTH 76° 1S' OT
WEST 66.00 FEET TO THE WESTERLY LINE OF TASSA3ARA ROAD; THENCE SOUTH 870 4705" WEST"
30-34 FEET; THENCE SOUTH 76° 08' 10- t+'G'EST 168.97 FEET; THENCE SOUTH 77° 38' 45" WEST 285
FEET, MORE OR LESS, TO THE CEMERLINE OF TASSA]ARA ROAD AS SAID ROAD MSTED PRIOR TO
NOVEMBER 27, 1946.
EXCEP77MG THEREFROM THAT POR77ON THEREOF LYING WITHIN 7THIE LINES OF PARCELS ONE AND
TWO DESCRIBED ABOVE.
City Of PfeW&M., County of A)irrmeda, State of Cal ftmi a
APN: 6-0004- 002 -03
Exhibit B
VARGAS PROPERTY
Real property in the City of Dublin, County of Alameda, State of California, described as follows:
PARCEL ONE:
A PORTION OF SECTION 28, TOWNSHIP 2 SOUTH, RAND 1 EAST, MOUNT DIABLO BASE AND
MERIDIAN, AND ALSO
A PORTION OF LOTS 9 AND 10, MAP OF THE PROPERTY OF THE ESTATE OF ELIZABETH DOUGHERTY,
DECEASED, IN ALAMEDA AND CONTRA COSTA COUNTIES, FILED MAY 11, 1891, MAP BOOK 8, PAGE 5,
ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHERN LINE OF THAT CERTAIN 79.45 ACRE
PARCEL OF LAND FIRSTLY DESCRIBED IN DEED FROM JOSEPH S. SOITO, JR., TO RAYMOND BROWN
AND JOSEPH A. BROWN, DATED FEBRUARY 14, 1952, RECORDED FEBRUARY 19, 1952, UNDER
RECORDERS SERIES NO. AG /139.11, IN BOOK 6650, OF OFFICIAL RECORDS OF ALAMEDA COUNTY,
PAGE 515, WITH THE CENTER LINE OF THE REALIGNMENT OF TASSAJARA ROAD, OR COUNTY ROAD
NO. 2568, AS SAID ROAD IS DEFINED IN THE DEED BY JOSEPH S. SOITO, JR,, To COUNTY Of
ALAMEDA, DATED NOVEMBER 27, 1946, RECORDED DECEMBER 5, 1945, UNDER RECORDERS SERIES
NO. TT/10794(1, IN BOOK 5041, OF OFFICIAL RECORDS OF ALAMEDA OOUNTY, PAGE 67; RUNNING
THENCE ALONG THE SAID CENTER LINE OF TASSAJARA ROAD, THE TWO FOLLOWING COURSES AND
DISTANCES; NORTHEASTERLY AND NORTHERLY ALONG THE ARC OF A CURVE TO THE LEFT WITH A
RADIUS OF 800.00 FEET, FROM A TANGENT WHICH BEARS NORTH 24 DEGREES, 33' 12 ", EAST, 534.82
FEET, AND THENCE NORTH 13 DEGREES 45 WEST, TANGENT TO THE SAID LAST MENTIONED ARC,
292.66 FEET TO THE ACTUAL POINT OF COMMENCEMENT; THENCE CONTINUING ALONG THE SAID
CENTER LINE OF TASSAJARA ROAD THE THREE FOLLOWING COURSES AND DISTANCES: NORTHERLY
AND NORTHWESTERLY ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 8DO.00 FEET, A
TANGENT TO THE SAID LAST MENTIONED COURSE, 363.84 FEET, THENCE NORTH 39 DEGREES, 48'
30 ", WEST, TANGENT TO THE SAID LAST MENTIONED ARC, 637.44 FEET, AND THENCE
NORTHWESTERLY AND NORTHERLY ALONG THE ARC OF A CURVE TO THE RIGHT WITH A RADIUS OF
$00.00 FEET, TANGENT TO THE SAID LAST MENTIONED COURSE, 630.76 FEET TO THE CENTER LINE
OF TASSA14RA ROAD, OR COUNTY ROAD NO. 2568, AS SAID ROAD OUSTED PRIG, TO NOVEMBER 27,
1946; THENCE ALONG THE LAST SAID CENTER LINE THE FOUR FOLLOWING COURSES AND
DISTANCES; SOUTH 5 DEGREES 22, WEST 260.81 FEET; THENCE SOUTH 24 DEGREES 42 ", EAST 429.00
FEET; THENCE SOUTH 14 DEGREES 59', EAST 533.44 FEET; AND THENCE SOUTH 7 DEGREES 53 , WEST
452.38 FEET; THENCE NORTH 66 DEGREES 52' 09 "1 EAST 568.93 FEES' TO THE ACTUAL POINT OF
COMMENCEMENT.
EXCEPTING THEREFROM THE FOLLOWING:
A)THAT PORTION THEREOF WHICH LIES WITHIN THE REALIGNMENT OF TASSAJARA ROAD, OR
COUNTY ROAD NO. 2658.
BALL OF THAT CERTAIN REAL PROPERTY DESCRIBED ON REEL 1318, IMAGE 383, SERIES NO. AW
152055, ALAMEDA COUNTY RECORDS, LYING SOUTHERLY ON THE LINE DESCRIBED AS FOLLOWS:
COMMENCING ON THE EASTERLY LINE OF TASSAJARA ROAD AT ALAMEDA COUNTY STATION 129 +
33.50 AS SHOWN ON RECORD OF SURVEY NO. 519 RECORDED NOVEMBER 13, 1974 IN BOOK 9 OF
RECORD OF SURVEYS, PAGE 73, ALAMEDA COUNTY RECORDS, RUNNING THENCE SOUTH 76015"00"
WEST 66.00 FEET TO THE WESTERLY LINE OF TASSJARA ROAD; THENCE SOUTH 87047'05" WEST 30.34
FEET; THENCE SOUTH 7600810" WEST 168.97 FEET, THENCE SOUTH 77036 45* WEST 285 FEET, MORE
Ong LESS, TO THE CENTERLINE OF TASSAJARA ROAD AS SAID ROAD EXISTED PRIOR TO NOVEMBER 27,
1946.
PARCEL TWO:
A RIGHT OF WAY FOR DRIVEWAY PURPOSES DESCRIBED AS FOLLOWS:
COMMENCING ON THE EASTERLY LINE OF TASSAJARA ROAD AT ALAMEDA COUNTY STATION 129 +
33.50 AS SHOWN ON RECORD Of SURVEY NO. 519 RECORDED NOVEMBER 13, 1974 IN BOOK 9 Of
RECORD Of SURVEYS, PAGE 73, ALAMEDA COUNTY RECORDS, RUNNING THENCE SOUTH 76015-00-
WEST 66.00 FEET TO THE WESTERLY LINE OF TASWARA ROAD; AS SHOWN ON SAID RECORD OF
SURVEY, TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87047'05* WEST 30.34 FEET; THENCE
SOUTH 19026*00" EAST 3030.20 FEET TO SAID WESTERLY LINE OF TASSA)ARA ROAD; THENCE ALONG
SAID WESTERLY LINE, NORTH 13045-00- WEST 292.66 FEET TO THE TRUE POINT OF BEGINNING.
APN: 9864XX)4-W2-01
Exhibit C
ROW LAND
EXHIBIT TO BE INSERTED
Exhibit D
CULVERT PROPERTY
EXHIBIT TO BE INSERTED
Exhibit E
PG&E EASEMENT
DOft9W=Enn=*(&w.ft13)
IMCOMUG REQUMM BY AM FXTM TO-
PACMC GA5'AND-ELEC73UC COWtNT
LandsoliMOBEW
Loan= CAVEImc-
Ita—ding F- $
DDCMmntTr=dffT2x$
Mds is a anvevzmm YAwe the ommidetatim and
valm is Im Om simOD M&T 11911).
Campmad on M Vabw of PnWm Commed, ar
Canputed cn Full Vaha Lass Liens
&EncmnhmnmR—�m ztTkneafSale
Sigmam d daclarart or agar datentminq =
LD� 22-02-01-0234 EASENMiT DEED
JOSE L. VARGAS and VIOLETA VARGAS,, husband and w&-
heremaAff caged Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a
Califi=6a corporation, hereinafrer caged Grantee, the right Eam time to time to coustrucL reconstrm:t'
mstak:kspect, manstam, replace, remove, and use faciiihas of the ty
, pe heiLLma$ specified, together-
with a right of way therefor, with= the easement area as herainafier set fords, and also iqms thereto
and egress thezefitom a-uei and acrom the Ian& of Gxa=i smote in the City of Dui County of
Alameda, State of California, described as follows:
(AFN 986-000"02-01)
Panel I as descrlwd in the deed.fizm. Axnador Valley Sat-mgs and Loan Association to Jose L. Vargas
and Violeta Vargar. husband and wik dated October 1, 1987 and recorded as Official Records
Document No. 87-2-74300, in the Office of the Comity Recorder of'Almneda, Coumy.
Said facilities and easement area are described as follows:
Such medmWng wires, cables, rrossarms, ffiduTes, and appurtaiances, as Grantee deems necessary
for the distri%ution of electric energy and commmmication purposes located wthm the parcel of laud
described. as &Hovn:
A strip of land of the unifbnn width of 20 feet lying configuous to and northerly of the southerly
boundary line of said lands and w1ending imm the westerly boundary bE2 of the Comity Read known
as Tassajara Read as said road is shown an the map filed for record November 13, 1974, in Book 9 of
Record of Survey, at Page 73, in the Office of the County Recorder of Alameda County, westerly
20.00 feet (measured along said southerly boundary Ime' )-
(10 sad Electric Compmnyj 34"1 *57 4 Wkwom orb.
°Sift pmvWma 1wrcarilub hwm to tha bcnefit ofond bW tht SWUMM #Ad WSW& Ofdw
patio hwttou
Jose L V*jw
r� 4wl)
FAD
RoVt
fit E, Sax. M, & WW'P.. NE
»» *"im. ...... ..
ca ��,. . . >
1tw(i¥ uWw FWATY OF PWtRT — «Od ho" #ON StW 4tZIAX*4 i
?«<w_4VA owmm
z*—:
be; misbamy taym
Or e s COOOWW, 10 00 YOW Pv4wq,, - = -_ tba
x � ram &dAtift w3l be hopedW b d a &AW imdWaa is
hRAWNG f.3MMS7 A-trAChTO MR R£fEREg PURPOSES ol Y
EASOOEW
APW. Of
s P 3 �►•�r 66.4k9 m Rig MEMM
( ►�' x
985-WI-001-01 ACR
PO 1 i!�` I ,14 NML p W r k a 09> 20
m�'oa1' i. IMP TAG
b { UP ON
sl 31 i4P �y
FO l* LPF, 9Y PLUG, WLY
swit
UP M V Lip to MAIL IN � � � PER (RI)
t 0
' x N a
MEUN L. A
�
a#. C �py 2012140"1 ACR
i�i,� y iit
� M
mm i t .
N33 *lgq42L Eq i9�i1
iili.�V� I�L4�
a
0
k
t
>w .31x1'
?% -6o
V = 643" 1 246-2414
Exhibit F
CITY PROPERTY
PARCEL O': `..31t NO 1 fit. SE17TE14BER 16, 1974 IN PARCEL • iIi€7 BOCK 84, AT PAGE
Exhibit G
CULVERT EASEMENT
EXHIBIT TO BE INSERTED
Exhibit H
DEVELOPER GRANT DEED
RECORDING REQUESTED BY:
City of Dublin
No fee for recording pursuant to
Government Code Section 27383
WHEN RECORDED MAIL TO:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Consideration Less than $100.00
THIS SPACE FOR RECORDER'S USfl ONLY
GRANT DEED
CULVERT PROPERTY
TL PARTNERS II, L.P.
APN 986- 0004 - 002 -03
6960 TASSAJARA ROAD, DUBLIN, CALIFORNIA
THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING
INFORMATION
(Government Code 27361.6)
GRANT DEED
FOR A VALUE CONSIDERATION, receipt of which is hereby acknowledged,
TL PARTNERS II, L.P., A CALIFORNIA LIMITED PARTNERSHIP
(GRANTOR)
hereby GRANTS to
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION (GRANTEE)
All of its right, title, and interest in and to that certain real property (the "Property ")
situated in the City of Dublin, County of Alameda, State of California, described as
follows:
FOR LEGAL PLAT & DESCRIPTION SEE EXHIBIT "A ",
ATTACHED HERETO AND MADE A PART HEREOF
GRANTOR:
TL PARTNERS II, L.P. a California Limited Partnership
Title:
Date:
ACKNOWLEDGEMENT
State of California
County of
On
personally appeared
before me,
(insert name and title of the officer)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is /are subscribed to the within instrument, and acknowledged to me that he /she /they
executed the same in his/her /their authorized capacity(ies), and that by his/her /their
signatures(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
Signature of Notary
Exhibit I
CULVERT IMPROVEMENTS
S$ #$a Inn
ggy as i�pY# $ ag x a #dpi$ $I #1�a t o
a 9 $R a # s # � A apsp ryb 0 (k 0 � �gya�� 1 �
III � �a F 5�aIs1 ! }t c7 !I # a�
f# $ a9 ! #
y
-flit _76
. :a roll' pi a$��
a g; fill t¢J d a 9
R a 6aa� #i$ffi# III� � � _ R �!.$$ $� a � 7 °A ���# #a! Mill LL
Ai k33�3x $# a $ 3„ � 2 # X11.1 im %III I ieil 9 1i 7 i at , ; e F}
a- a �t � '� a � �a g�� � a � i ffg x
Ix. foil
0 If
a $ $ $ ill, a a s ' "11 at 1 gill a� r 8a
fill
i3i 1111'.1
RIOT r$ # as a a I P #a�
# $$ y$a $ R B #qg e a ga4%$g 33�� #�
4 4 $ afl ®a # 1ri a a I agus $11
fig fig I
9 all
W N g =5 43ae ❑a38 # #a.Yt #parf�.,x�aas °8xs
L.L.)
Q w � } W saa aassa =aaaaa saw q sa¢ { Ss..>srla d � aeY w
� ,7 v � �I sss33sssssssssss sss .s.. _
LU i a VIM a ! a
e x.:aa xxa x= 9
LU
f"- LU uj - r ra3aGtgraesa3s $ =4$3xrosa�aasB :eY`aS
7
= y3 n
4
a
11
wa#
9�
W $�
gig
< �3s
v¢ # tl tlR1 I I 9 a ill #�I" $ a a #R
$$ rl g#
NIX 9
fit x
I IN gill ��f� � � fix
i �� �� �# �5l
. � i f I I • I i'5a$ �a r� x
Ulm p i s 3 ' 1x R a-41 , I I 45111 I$lil o g # r
a a 15a 1 if 1XIM111 0 1 fill 11
g 131 1 pa a$ a ° $ I ? 1 =$s$ a s4 lash ! W'
y a$ i !, # I� r1 41'. : ? » ¢
x if
fill
H r ## jX$ E a -S 1 & #9 $ ya di$ $ e„ 3g ~/# gig a
is a gas# 4 WEa Les¢n! No InA. E a� gg
3 #$ya $5 �g r a# ¢ a!r= qq a ad iS I: a a g y g g' ra :# s a t # a #
ig d#. w a r2 agg € n '^r $ R $ r ° # li # y ' `a ` R
$ 5x d # s b� 3�6 y er a$$ Rio 41 aa4 y #: ° I R a #� � � la : x ° � l
if
a7� # $Zr 1#; a ## ## 1#$ i 1_ 1 11 y# g Er3y
yS it!'! Qll g2 a 'Ba # a 9 R i #R J S 3yY I lg@ visa
ffir� � �e �a � @� 3 €$� #�i � #➢ ��� $��3# � � 3- a 9 � @ 3d "� #� al3i
L
3
U
W=z
g>
w�
¢w �
J 2
7�
U�
p� O
ai ~
w" >
�5 g
a
Z
O
H
F.
+J
H
Z
O
U
T
''LU^
vJ
Q
2
n-
... ., 9y �
f
g
- y���■�yps �iyyy
MMM
sassseas.
cs
..
mill
a
t
�
cj Q
o
e
jai
"sy1q�gi1.51
"$E
=�
°
is
16
d � 44
owls
z
D
H
^U
J
z
U
T
'w'^
vJ
Q
CL
g
mill
°
is
z
D
H
^U
J
z
U
T
'w'^
vJ
Q
CL
n
z
11
a
6
O
U
H
m
�h
5
Z ygo�
N a a
Q i W j a
3 J 2
LL
w]gg
of S V 22 C
w �
H �
fill €
Eg°
�e
ca
a
MI's
s � �
3
d
E
4
S
z
H
U
Z
O
U
T
,,W^
vJ
Q
2
IL
Q
O O O O 0
I
I
I
,
,
I
I
,
, I
at
1
eae
a
-4.r,
I
Cal-:
I
I
'
.�
I I
I
I'
I
e
?
�
I
I �
I
l r
a
IJ
�
e
I
i i1�
I it
1 :r
Id I
II : 111'
ttlJ�r
1 {
II
I�1'
I r
I
1
III
r
� U
rn
w=
Ww
o g
m I i
LL
N R.,
s
s5
b
a
M6
9�
g milli
TFUA '
� a
1MI
c O LO � � O
a
z
H
U
VJ
z
0
U
W
Q
CL
°7|
�!§
®§)|
||E§|
� * \k§
�£� ■!
■
K .
■
| ||
0621
ow |
|� .
mill
TM
TM
E ■
§
|
| :
■
| /
�§
2
c
/
�Q
2
_
p
n
2
0
U
u
C/)
<
2
I
ff
N U
s�W
U
a
H g�a
� gicLLO
J
I =11i
a
N
ism a
II
pSp g
lip s�
al ;
d�
Call
out 5
all
5
3
3 `
3
z
O
H
U
M
H
U
z
O
U
T
w
Q
iZ
4�
all
i
I,
S
ifs
t la•la ua
I
8
_
ff
N U
s�W
U
a
H g�a
� gicLLO
J
I =11i
a
N
ism a
II
pSp g
lip s�
al ;
d�
Call
out 5
all
5
3
3 `
3
z
O
H
U
M
H
U
z
O
U
T
w
Q
iZ
4�
all
I,
S
ifs
t la•la ua
I
8
_
T
ff
N U
s�W
U
a
H g�a
� gicLLO
J
I =11i
a
N
ism a
II
pSp g
lip s�
al ;
d�
Call
out 5
all
5
3
3 `
3
z
O
H
U
M
H
U
z
O
U
T
w
Q
iZ
U
w=
w�
a aV� o
� ors
w�
01.035
s1 1
31
E��
fA 9
all
ip
3
a
0
z
0
H
U
cr
U
Z
O
U
r
W
U
Q
CL
a
a
a
Th
'R !Ii
}} x
as \
I G
} dia U Xcs$l 3
aa��. �a$�g Mme ����LL� ;•� l�px{ � �p�� gds} ID��laa $' �
3cs� as a} Ra 9 Kea
Jill:
P g s @ ! ,. } as a a'
In a as �g�Y RIO !iI i� �a a i »� �
�c
3i@�Cxa Y3, i� tea a�c�aaE. 3
2s^ sss �a
It
s Saks
ilia! '' � -
o
Nga y c N a�Y�.
pt �l
9 sa 1i
� rag5�c�s
g
�I
50
dii ills
a }} sax}
a
e!55 a
.. e'ga9
a_aAS 339il`a cge
:.r OwA- RY!
g
ma
LL
m rn
a
Q g W
J
3 U d g n
a a
x_$w
a
s R E
d1n
$ O� 0
g a
ail'
a
c � §
z
0
H
U
Lcr-L
'r
VJ
z
0
U
W
cn
CL
z
O
H
U
H
Cl)
z
O
U
T
W
Q
2
/
O
-
J L
Lu
L 6 tl 3 E E E b
tl
: p
p
Es3
i
z
O
H
U
H
Cl)
z
O
U
T
W
Q
2
-
J L
�
L 6 tl 3 E E E b
b
: p
p
Es3
i
5
6 E
Em
z
O
H
U
H
Cl)
z
O
U
T
W
Q
2
Axl
311 "ISO 9
NIIIIII■
M
3111I—
fail
a
hl
Vill
Fe
met
z
U_
0
<
7
�51
w M
II
4 11
M6 nif
i
P
f9:!;I jill
aRl.
IV 7
z
0
F-
L)
D
cc
z
0
L)
T_
LU
CL
tom,
yi
�'
811111
011111
i
P
f9:!;I jill
aRl.
IV 7
z
0
F-
L)
D
cc
z
0
L)
T_
LU
CL
bb
IS
"Sim 1811111A,111
'21 all -IN S Ca 3 5f fill I !v U" 7 yH .6 €:
Q a: y x ■g @a f a a X
I lilt, E �
� J�s Lx js Islip 81'!1
' > �T36a�Y°'�$ 13SE x 1111, 31
y 3 4 p S x 7 J f Il ps[i
-,a WQ
ag¢ W Q lk
Y ! p x
111', Oil! 0 � � sE Y W `C d a % _ g A x11
A A ,, A W A A I A A A
8 Eg �x x$T fE `x� x 8"r�t8 W gs x3 8 Y T 3 ix 211.9 g x U
W #yy a�xT a Ea �
P. $ sea 8 $
x Ix, IN G a � x a 6 �x 11 -s �x $gW g Q a x
W x I� � �W � -� ya � '�'� . �' ���x �i �S � i
T� 0
4aBpa R 2 W W SS W $�xygiiawg §�y�
'xE 7 z]8 e y gyx EgW �: 9 7 ax z x IR8 1 try°
3
i0i a t 99 �w R $ 0 : Q I 9� . Qa y 9
Ii aaj x �a 5ay a9 lit `-q $ � 1111 ! ' '8 3 a i a� y
Ag x a $ 6 ggII a 3j yn] �W 1 Sall. p � W d� �y9� 9�y9 � g ��g � i R �4 � �� B�EWI a
5Y % d¢ ri a willx 3 ax8 $ �g 9 '•@ W Y4 W I� f , a 1$ 9 R 110 R g 6 3 $
d $ s R 5a NO . ax g s8 }xi aQs
J �i 3 xx y4" pp Rp Qgi j aB a atl € a 8$
$a x�$� $ 3 rsx a i��c�;a sQ Ba9 .a e x WQ x3� a2 3 xa�
y P
ell
aa�.yJy.JpgpglqyagA�,, geY�.- ��-� -�� yg y5x �
Z W N p p 37AS!l66b@ -� 9 €9 }j,aW F ti9SOYd9��8.aiilaW$.AWaenkY.aa g
LU QN aaasaPSSii a} axa pia i ?• " -n S o
W w �> >- W al sssss�sssssaas33. sss s 3 seta d d is a w
v! LL AS. r a =W_Z93 a A F A AXgAA .R
F A a 0.
W }q y9S d p gW� �pay� ■p Jgg � t
L^Z E"' W Z aY4dYWi9a0atl�apls $Ad66�WeeEce°ra8 802
l ]1 Q. QQ
]g g W 1
IR fl
x�� a 11,,E
T `
y�p ��
3 R� �bx� � Ills! ��W¢
gill la's r yy@ e ° e `y3 3 � @ `1 ' ... r w a x Qf9f
•7 $ °lQ i3Yi W aZ �3 W� a Is
9`y ax 1 11 d $1 l d9� �. �. f • t , # i y� i
r 6 8 $ x3 ea x 4 Sal � 45 ��75 As $$ 1 ' � _ � o k2�� 1,11 gill, NO
19 fly
g lid
If
AA Ni If
ill, ill I` 1 X 1' W WIN ��_ 3 W i g r a
H nn i � R i ggSxY Q yy $ � yyBEg$�Ppa
" a 3, § y 8 i d Y�Y 9 gd+ yQ §i yQ m pR�yf�aR ] ip g
® ®$¢ Q} �xsq_�:k $$� ■Q §j Q8 W yp e8 8! p p p ■@ Q a
h �t. � R •� f � I�1 � I�7�. 3�� ��= L�a S�x � . _d
a a RQ 3 RW 3# sx Y 73r`��gaa c_
o9$! a S X37q 11i qy��t� y�
add ^ i IP 8 -illy 1s �a B3Wg 4. Wz 4 @ x Q xx al
is
,f
W A W #XAA a a oa_3.,aW3 s
m
U
o = �
s¢� w
m�
¢ of 5
m _
� n
�s
a �
� a
3k
d1
da
W
a
gill
5
}
J
Z
0
Z
O
Fc--'
G
0
LL_
Z
H
cc
O
LL
Z
O
LH
r
U
Z
0
U
N
LU
Q
2
CL
$ i rex a a
5 85. 8.88:5 38F88883A8FR we:�.� :: :'l..a
a 9
x9'�$':
oil 11
ax s !
Y
T
!
I s
LY Y� I•e l.el >t i•I H g U Y
p
6
x
5212
ti
o C`C
Y
4.
9a
�1
1
I
9 ;
1
1
I-
!3te
all
es
Egg
r C
N U
a
�a
LL
H i
D !gal
0
Hgao
r
b
aw a
3
1
7
g all
i
J
z
z
0
Q
O
IL
z
H
IL
z
0
H
U
O
U
z
O
U
N
W
Q
CL
m U S
n
0 ¢ n
ti <.= -
LL a�
H �+
a�
�$ a
i1
Gal :1
a
W
k
i
1.11611151
r
J
z
O
Z
O
0
z
H
O
LL
z
O
H
U
a
I—
z
O
U
N
W
IZ
.:. a223tl ..a
llflflf I I, i•�'
4G.. :9 7.3
p$��E,�g,
e$�i�� ��•x g?
`
v
Z
g
i���i
a$�3y:
wo
8 og3
!g agl
g,
rum°°
�4 s
if.
R°
!a3
ui
i a /
®�gpj
✓i , .,
MtI
g
VW3t
����3 6
SARS
(ice
Rc3agW
a
�`
m U S
n
0 ¢ n
ti <.= -
LL a�
H �+
a�
�$ a
i1
Gal :1
a
W
k
i
1.11611151
r
J
z
O
Z
O
0
z
H
O
LL
z
O
H
U
a
I—
z
O
U
N
W
IZ
.:. a223tl ..a
llflflf I I, i•�'
4G.. :9 7.3
p$��E,�g,
e$�i�� ��•x g?
`
v
Ate., p
I»
III �
i���i
a$�3y:
wo
8 og3
!g agl
la
�4 s
if.
R°
!a3
ui
N
®�gpj
✓i , .,
MtI
g
VW3t
m U S
n
0 ¢ n
ti <.= -
LL a�
H �+
a�
�$ a
i1
Gal :1
a
W
k
i
1.11611151
r
J
z
O
Z
O
0
z
H
O
LL
z
O
H
U
a
I—
z
O
U
N
W
IZ
S
a$�3y:
JAZ
as
8 og3
!g agl
la
�4 s
�i983
!a3
S
N
®�gpj
VW3t
����3 6
SARS
(ice
Rc3agW
a
�`
\
r
m U S
n
0 ¢ n
ti <.= -
LL a�
H �+
a�
�$ a
i1
Gal :1
a
W
k
i
1.11611151
r
J
z
O
Z
O
0
z
H
O
LL
z
O
H
U
a
I—
z
O
U
N
W
IZ
ny
xE op
:s e�
S
c
ids y
7��i yy
.eae °.
E; s
egg:kn
���
a a�
Its [ ;5
J q
Rif
ea�
9
Ys
�I3�FZ6z
SH
3F
U
t
I l 1
M * - :3 '
dl e
Cdj4
o O O O O O o
1
m
1
v
1
r :i
i
Q
Aims r
s;
e
w
Z
t
: o
ea�
9
Ys
�I3�FZ6z
SH
3F
U
t
I l 1
M * - :3 '
dl e
Cdj4
o O O O O O o
O O O O O O U
IA In 'r d'
a
L 3 �
s`
IF
r
J
z
O
Z
O
H
Q
_
O
LL
z
H
O
LL
Z
O
H
U
U
Z
O
U
N
w
CL
Q
3
3
y
4 i
k
a
F,r9
■
1
rrr
�w m RR
n
1
. 1
ur mo RR
n I
i
3lilOW 3181
31IlOW 3X1
�. NISN
,1. U13
it up11,
�
f'el
90'
W'OO4l Vl
6' •,g H
8r l3 11
3NIl .i.
11.;
3
Il Ml1tlR
��l'1
�1
O O O O O O U
IA In 'r d'
a
L 3 �
s`
IF
r
J
z
O
Z
O
H
Q
_
O
LL
z
H
O
LL
Z
O
H
U
U
Z
O
U
N
w
CL
Q
}
J
z
O
z
O
H
Q
O
UL
z
H
O
LL
z
O
H
F-"
U
I-
tA
z
O
U
N
W
Q
2
a.
)
k`
)
§
.9
`( |G
� � |
[
2 7 §
� k |
§.
gill.
|
�| ��
,
� •
z
§j
■,
) �
�� }�
cto$ i.
.
�(
�
�•/
:gill
�
�
/
§
} ■§ |
�
�
¥
�
2
0
2
0
/
�
_
O
L
2
/
O
L
2
O
/
0
_
_
e
n
2
O
Q
&
u
n
4
_
CL
•.,
|
�| ��
,
� •
�
�
¥
�
2
0
2
0
/
�
_
O
L
2
/
O
L
2
O
/
0
_
_
e
n
2
O
Q
&
u
n
4
_
CL
o
y
m
a.aw
a�ur ,
�3i}F�A s
SA!
r
20
aw,��CD
CD
'll'63Y bi F nag n? � / ' I
aJ • ngn �
s
/.a
'wiay�9t�,��.de.,
:j� a :.`.i:..
a
3 y•
8
". x
i°
s
,, j � Kan �
'� rro �ag. v• ; y
a
M abb iaa $. U
,.y a
mom
C
�A
",j iii`
i_gcpd
o
rn
m
a.aw
a�ur ,
I I O U]
r
20
aw,��CD
CD
'll'63Y bi F nag n? � / ' I
aJ • ngn �
s
/.a
F— F-
a• 3
IV
LU
,, j � Kan �
o
rn
m
0
0
I I O U]
r
20
aw,��CD
CD
'll'63Y bi F nag n? � / ' I
n• � (n
s
F— F-
a• 3
UO
LU
,, j � Kan �
'� rro �ag. v• ; y
a
M abb iaa $. U
mom
C
�A
",j iii`
i_gcpd
j
a
8
n. r SL
�
aq6
F
n:
9gS
a �r
tR'tr -
�W.�L'
•
�,. �x�
.t, m
8'.
�S�j
33 99
qty,
g
� ...w,.f
3
iSo
om lauaovm
-
v
Ianer Kaa *a m
nu
.
S
Vill-
a •
e
A ��
�o
g
o
rn
m
0
0
a
0
v -
'san
U a
rn
o
z o$
Oy¢M�
LL
35
b
al
5
Owl R
P!
a a 1!
g
mill
o `
i
M
a
}
J
z
O
z
O
O
LL
z
H
O
LL
t
z
O
H
F-
U^
J
Z
O
U
N
w
a
2
CL
d
9
5
8
o2,g.d
atet?
9 CD
a
z
'a
u
e
rn
gg
o
�Y .y �s
Luranax.t a°
IU ®LOI�1 dB
�
'
co
1g,
I
7Q
f 2
0
5�
LO
d-
:: 1, aq.
YS
r -�. a•"K.a.' Q U3
SOS
fill
r�wcRamuz.
I as
a Q
F--
A
a
?
sxmxLaanu °n LLJ
j
I n
al
�33$
I
N
8
O O O O O O O 3
N O (n a0 cn >3
.C) Ln Ln a' -q-
CD O O O O O O
L ? e
� � 7
J
p
3
r
J
z
O
z
O
H
aC
MG
L.L.
O
LL
z
H
rr
O
U—
z
O
H
F-
U
D
L�
r
z
O
U
N
W
w
Q
2
a.
o2,g.d
0
9 CD
a
z
'a
u
e
rn
2 Z
co
1g,
I
c
a S
0
5�
a
SOS
fill
A
Oc
O O O O O O O 3
N O (n a0 cn >3
.C) Ln Ln a' -q-
CD O O O O O O
L ? e
� � 7
J
p
3
r
J
z
O
z
O
H
aC
MG
L.L.
O
LL
z
H
rr
O
U—
z
O
H
F-
U
D
L�
r
z
O
U
N
W
w
Q
2
a.
a s�Cla'��n�P 3�aiaaa% 5 �aaa �a ii
11 i 9& m
A 41111
5 l a-8 ! _.
111 h2
eW 7
I
4 co a
;o
o
H n
m
IL <,
51:141. 1
ei q
✓
a;s�8 2 ;-a!
1d i
\
ca
us
wLL a
�m
$ ;q
C4 a
CD
-
d
�Ss
m _Je
m
a,
55
3ar!
NJ
a s�Cla'��n�P 3�aiaaa% 5 �aaa �a ii
11 i 9& m
A 41111
5 l a-8 ! _.
111 h2
eW 7
I
4 co a
;o
o
H n
m
IL <,
51:141. 1
ei q
✓
ayR =_
06 i
�
ca
us
wLL a
�m
$ ;q
C4 a
CD
-
�Ss
m _Je
m
a
\
9
� � v
9 �
}
J
z
0
z
0
F..
0
LL
Z
H
CC
0
LL
z
0
H
U
M
CA
z
0
U
N.
uj
Q
d
€3a
-
ailllll■ -�
E�IIIG" .� r•
E 1111111 ■�
@E@�5111111■ ��+
aF
4
a �
e S�
U
+E A F
r
:s
� A
o g
H �
0
aW
R
3
w
gIgs a eggaR �
s
S
Ge S�lR g.g1 allg°
a 1535��'� 8E6i W
r
:s
� A
o g
H �
0
aW
1
a IA 1� a Ia .a
g 31
ON he aHill
f 3 c A �fe£1 Fill
to -
w
gIgs a eggaR �
s
S
Ge S�lR g.g1 allg°
a 1535��'� 8E6i W
80
1
a IA 1� a Ia .a
g 31
ON he aHill
f 3 c A �fe£1 Fill
to -
}
J
z
O
z
O
Q
O
LL
z
H
O
LL
z .
O
H
V
V,
z
O
L)
N
w
Q
gIgs a eggaR �
s
S
Ge S�lR g.g1 allg°
a 1535��'� 8E6i W
}
J
z
O
z
O
Q
O
LL
z
H
O
LL
z .
O
H
V
V,
z
O
L)
N
w
Q
�3
�8
w^
3�
�d
Y3'Y44 Y'3g Y YS
gisr:S x'a iii'
�j
tl
all
Hill
1'� flit
pia' i _,�
s8
s
Y � Y
s
R U S O
LL
Z
LL
�LLU,
O
�a� O
H
gillcr
O
s1, U
CL
W
silo a
99
3
Exhibit J
ENCROACHMENT AGREEMENT
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 8133,
TASSAJARA HIGHLANDS
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES, STORMWATER DETENTION, STORMWATER OUTFALL AND
MITIGATION PLANTINGS ASSOCIATED WITH TRACT 8133 ( "Agreement ") is
made between the City of Dublin ( "City ") and TL Partners II, LP, a California limited
partnership ("Owner ").
1. Property:. The subject property is a portion of Tract 8133, Tassajara
Highlands, 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 developer of Tract 8133, Tassajara Highlands
( "Project ").
3. Encroachment Features: Owner, as part of the Project, anticipates the
construction of (a) Project related landscape features within the City's
right of way on Tassajara Road ( "Landscape Features ") and (b) a
stormwater detention basin and a stormwater outfall and related mitigation
plantings ( "Stormwater Features ") on portions of the Property that will be
transferred to the City pursuant to that certain Exchange Agreement dated
, 2014, as more particularly described in Exhibit A,
attached hereto ( "City Property"). The Landscape Features and the
Stormwater Features are referred to collectively herein as the
"Encroachment Features ". Construction details for these Encroachment
Features are shown on the [insert reference to construction documents for
the Encroachment Features], prepared by , with
modifications as necessary for City approval. The scope of the
improvements covered under the agreement is shown on the attached
Exhibit B.
4. Encroachment Permit: Owner 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 Encroachment 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: Owner shall own (a) all special Landscape Features,
including but not limited to fountains, arches, monuments, etc.; and (b) the
stormwater outfall structure, required mitigation plantings and any other
landscape features associated with the outfall installation.
6. Operations and Maintenance: Owner shall maintain and repair the
Landscape Features at its sole cost and expense and in a safe manner
consistent with the approved plans to the reasonable satisfaction of the
City. Maintenance of the Landscape Features shall include all frontage
and island landscape plantings, irrigation, and sidewalks within the
designated areas together with electric power and water costs. Owner
shall further maintain and repair the Stormwater Features at its sole cost
and expense. Owner will be responsible at its sole cost to replace or repair
(a) any Landscape Feature damaged or removed during the construction,
maintenance or repair of sewer, water, drainage or utility improvements by
the City, Dublin San Ramon Service District or other utility company and
(b) any Stormwater Feature damaged or removed during the construction,
maintenance or repair of the adjacent culvert facility on the City Property,
unless such damage or removal is caused by the negligence, gross
negligence or willful misconduct of the City or its agents, contractors or
employees. 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. The City shall further maintain at is sole cost the culvert installation
and associated landscaping and drainage improvements constructed or to
be constructed on the City Property.
7. Removal or Relocation: If future improvements proposed by the City
conflict with any of the Encroachment Features, the City may relocate the
Encroachment Features at its sole cost, and, with respect to the
Stormwater Features, subject to receipt of approval from all applicable
state and federal governmental agencies. If any of the Encroachment
Features are relocated, the City and Owner will execute a modification to
this Agreement to reflect the maintenance and operations at the new
location of the Encroachment Features. Provided, however, the City is
under no obligation to relocate any of the Encroachment Features.
8. Insurance: Owner 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 Encroachment Features improvements and shall
name the City as an additional insured.
9. Indemnification: Owner 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 operation of the Encroachment Features
unless caused by the negligence, gross negligence or willful misconduct of
the City, its agents, contractors or employees.
10. Permanent: The Encroachment Features and the rights appurtenant
thereto as set forth in this Agreement shall exist in perpetuity, and shall be
appurtenant to the Property and the City Property, as applicable.
11. Right to Assign: Upon prior written notice to the City, Owner may assign
any and all rights, interests and obligations of Owner arising under this
Agreement to the Home Owners Association for Tract 8133. Owner may
further assign its rights, interests and obligations arising under this
Agreement to a successor in interest of Owner with respect to all or a
portion of the Project provided Owner obtains prior written approval from
the City Manager, which approval shall not be unreasonably withheld,
conditioned or delayed. With respect to any assignment requiring the
City's Manager's approval, the City Manager shall consider and decide on
such assignment within ten (10) days after Owner's notice 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 TL Partners II, LP, and all successors and
assigns, including but not limited to the Tract 8133 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: TL Partners II, LP
3500 Douglas Blvd., Suite 270
Roseville, CA 95661
(916) 783 -2300
Attn. James L. Meek
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 , 2014
CITY:
THE CITY OF DUBLIN,
a municipal corporation
Christopher L. Foss
City Manager
OWNER:
TL PARTNERS II, LP,
a California limited partnership
By: TL Management, Inc.
Its: General Partner
By:
Name: J. Timothy Lewis
Title: President
Exhibit K
CITY GRANT DEED
RECORDING REQUESTED BY:
WHEN RECORDED MAIL TO:
TL Partners II, L.P.
c/o Tim Lewis Communities
3300 Douglas Blvd.
Building 400, Suite 450
Roseville, CA 95661
Consideration Less than $100.00
THIS SPACE FOR RECORDF,R'S
GRANT DEED
CITY OF DUBLIN
APN 986- 0004 - 003 -00
TASSAJARA ROAD, DUBLIN, CA
ONLY
THIS PAGE HERE TO PROVIDE ADEQUATE SPACE FOR RECORDING
INFORMATION
(Government Code 27361.6)
GRANT DEED
FOR A VALUE CONSIDERATION, receipt of which is hereby acknowledged,
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION (GRANTOR)
hereby GRANTS to
TL PARTNERS H, L.P., A CALIFORNIA LIMITED PARTNERSHIP
(GRANTEE)
All of its right, title, and interest in and to that certain real property (the "Property")
situated in the City of Dublin, County of Alameda, State of California, described as
follows:
FOR LEGAL PLAT & DESCRIPTION SEE EXHIBIT "A ",
ATTACHED HERETO AND MADE A PART HEREOF
GRANTOR:
CITY OF DUBLIN, a Municipal Corporation
By: Christopher L. Foss
Title: City Manager
Date:
ACKNOWLEDGEMENT
State of California
County of
M
before me,
(insert name and title of the officer)
personally appeared 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 signatures(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.
Signature of Notary
(Seal)
Exhibit L
FORM OF CERTIFICATE OF ACCEPTANCE FOR THE CITY PROPERTY
CERTIFICATE OF ACCEPTANCE BY THE CITY OF DUBLIN
This Certificate of Acceptance by the City of Dublin (hereinafter "Acceptance ") is made
by the CITY OF DUBLIN, a municipal corporation (hereinafter "City ").
RECITAL
On or about , TL Partners II, L.P., a California
limited partnership ( "Grantor ") executed the document entitled Grant Deed ( "Grant "),
by which the Grantor conveyed an interest in real property to the City. The real property
is described more particularly in the Grant, and is generally described as assessor's parcel
number 986 - 0004 - 002 -03, 6960 Tassajara Road, Dublin, California ( "Property ").
NOW, THEREFORE, PURSUANT TO THE AUTHORITY OF GOVERNMENT
CODE SECTION 27281, AND CITY COUNCIL RESOLUTION NO. 24-87
(ADOPTED APRIL 13, 1987), THE CITY HEREBY CERTIFIES:
The interest in the Property conveyed by the Grant from Grantor to the City is hereby
accepted by the undersigned officer on behalf of the City, and the City hereby consents to
recordation thereof by its duly authorized officer.
CITY OF DUBLIN
By: Christopher L. Foss
Title: City Manager
Date:
Exhibit M
PERMITTED EXCEPTIONS
EXHIBIT TO BE INSERTED
From Un- Appropriated Reserves
From Designated Reserves
Account
CITY OF DUBLIN
FISCAL YEAR 2014 -15
BUDGET CHANGE FORM
Budget Change Reference #:
X Budget Transfer Between Funds
Amount
Other
Account
Amount
EDTIF -Non -Dept - Contract Services
4301.1901.64001 $140)000
Budget increase is to cover City's costs associated with land exchange agreement with TL Partners II, for property on
Tassajara Road ($100,000) and to cover cost of traffic analysis to support a precise plan alignment of Tassajara Road
($40,000).
Posted By:
CAUsers \agenda \Desktop \4.14 attch 4 4.14 attch 4
As Presented at the City Council Meeting 7/15/2014
Date: