HomeMy WebLinkAboutReso 03-21 Approving the Amended & Restated Agreement for Long Term Encroachment for LandscapeReso. No. 03-21, Item 4.7, Adopted 01/12/21 Page 1 of 1
RESOLUTION NO. 03 – 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AMENDED AND RESTATED AGREEMENT FOR LONG TERM
ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN PUBLIC STREET RIGHTS-OF-
WAY WITHIN THE BOULEVARD DEVELOPMENT
WHEREAS, on March 25, 2014, the Planning Commission adopted Resolution No. 14-14
approving the vesting tentative map 8150 for the Boulevard (formerly Dublin Crossing) project to
subdivide 189 acres into five master parcels to coincide with the five phases of development; and
WHEREAS, vesting tentative map condition of approval number 54 requires the developer
to enter into an agreement for long term encroachment to allow the Master Homeowners’
Association to maintain landscape and decorative features within public street rights-of-way; and
WHEREAS, two agreements for Tract 8150 Phase 1A and Tract 8309 Phase 1B were
previously approved and recorded on October 24, 2016 (Alameda County Recorder Series No.
2016276628) and November 27, 2017 (Alameda County Recorder Series No. 2017260053),
respectively, with the associated final maps and are hereby amended and restated with the
Amended and Restated Agreement for Long Term Encroachment for Landscape Features Within
Public Street Rights-of-Way Within the Boulevard Development, attached hereto as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin approves
the Amended and Restated Agreement for Long Term Encroachment for Landscape Features
Within Public Street Rights-of-way Within the Boulevard Development.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Amended
and Restated Agreement for Long Term Encroachment for Landscape Features Within Public
Street Rights-of-Way Within the Boulevard Development, attached hereto as Exhibit A, and make
any necessary, non-substantive changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 12th day of January 2021, by the following
vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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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
AMENDED AND RESTATED AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN PUBLIC STREET RIGHTS-OF-WAY
WITHIN THE BOULEVARD DEVELOPMENT
THIS AMENDED AND RESTATED AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITHIN PUBLIC STREET RIGHTS OF WAY WITHIN
THE BOULEVARD DEVELOPMENT (“Agreement”) is made between the City of Dublin
(“City”) and Dublin Crossing, LLC, the master developer managing real property shown on
Exhibit A of this Agreement (“Master Developer”).
1.Landscape Features: Master Developer, as part of the Boulevard Development,
anticipates the construction of landscape features within the City’s rights of ways
on the following streets (listed alphabetically):
•Arnold Road,
•Cascade Street,
•Central Parkway,
•Columbus Street,
•Dublin Boulevard,
•El Dorado Lane,
•Horizon Parkway,
•Iron Horse Parkway,
•Nugget Way, and
•Sterling Street.
Construction details for these landscape features are shown on the various landscape
improvement plans approved with each Tract or Off-site Improvement Plan Set, on file
with the Public Works Department. The scope of the landscape improvements covered
under this Agreement is shown on Exhibit B, and is generally described as storm water
bio-retention areas, Silva Cells, trash capture devices, low flow inlets, decorative paving,
decorative pavers, decorative stamped asphalt concrete, trail, landscape plantings,
groundcover, trees, irrigation, sidewalk, theme walls, retaining walls, and concrete
headwalls (collectively, the “Landscape Features”). Landscape Features shall also
include all improvements situated within the “Licensed Areas” as defined in the
“Maintenance Agreement between the City of Dublin and Dublin Crossing, LLC as
Relating to the Licensed Areas” (“Maintenance Agreement”).
Attachment 2
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2. Encroachment Permit: This Agreement shall provide the Master Developer
with an on-going encroachment permit for the maintenance and inspection
activities required within City rights-of-way per the terms of this Agreement.
Master Developer shall notify the City 48-hours in advance whenever
maintenance work is to be performed within the City rights-of-way and the scope
of work reviewed by the City. The Master Developer shall obtain an individual
encroachment permit for maintenance work that involves construction activities
within City rights-of-way that necessitate the temporary closure of lanes or
sidewalks requiring the review and approval of a traffic control plan. The City
must grant the encroachment permit for all maintenance required under this
Agreement 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.
3. Ownership: Master Developer shall own all Landscape Features, as described
above, excluding certain Landscape Features that Master Developer is obligated
to maintain pursuant to the Maintenance Agreement. Master Developer formed
the Boulevard Master Owners Association (“Master Association”), a California
nonprofit mutual benefit corporation. The Master Declaration of Covenants,
Conditions, and Restrictions of Boulevard (“Master Declaration”) assigned
responsibility for the maintenance of Landscape Features, irrespective of where
they are located, to the Master Association.
4. Operations and Maintenance: Master Developer shall maintain and repair all
Landscape Features, within the designated areas, in a safe manner consistent with
the various landscape improvement plans to the reasonable satisfaction of the City
at its sole cost and expense, including electric power and water cost. Master
Developer shall perform all obligations as required by the Maintenance
Agreement. Master Developer will be responsible at its sole cost to replace or
repair any Landscape Feature damaged or removed during the maintenance or
repair of sewer, water, drainage or utility improvements by the City, Dublin San
Ramon Services District or utility company, unless such damage or removal is
caused by the negligence, gross negligence or willful misconduct of the City,
Dublin San Ramon Services District or utility company.
5. Removal or Relocation: If future improvements proposed by the City conflict
with any of the Landscape Features, the City may remove or reasonably relocate
the Landscape Feature at its sole cost. If any of the Landscape Features are
relocated, the City and Master Developer will execute a modification to this
Agreement to reflect the maintenance and operations at its new location,
provided, however, that the City is under no obligation to relocate any of the
Landscape Features.
6. Insurance: Master Developer shall obtain and maintain in effect a combined
single limit policy of liability insurance not less than one million dollars
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($1,000,000) covering the Landscape Features and shall name the City and the
Community Facilities District as additional insureds.
7. Indemnification: Master Developer 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 Master Developer’s construction, maintenance
or operations of the Landscape Features unless caused by the negligence, gross
negligence or willful misconduct of the City, its agents, contractors or employees.
8. Permanent: The Landscape Features and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity and are appurtenant to the
Boulevard Development.
9. Right to Assign: The Master Association shall perform all obligations set forth
in this Agreement which are applicable to Landscape Features situated on
property owned or maintained by the Master Association as provided in the
Master Declaration, on City property adjacent to such property or on property
owned by Alameda County Flood Control and Water Conservation District
(“Zone 7”). Upon delivery of written notice by Master Developer to the City
pursuant to Section 11 that Master Developer has provided notice to the Master
Association that the Master Association is obligated to perform all obligations set
forth in this Agreement, this Agreement shall be deemed fully assigned by Master
Developer to the Master Association and the Master Developer shall be released
from all obligations pursuant to this Agreement which arise after such notice. In
addition to assignment as provided in the preceding provisions of this Section 9,
Master Developer may assign any or all rights, interests and obligations of Master
Developer arising under this Agreement to a successor in interest of Master
Developer with respect to all or a portion of the Landscape Features; provided,
however, that no such assignment of Master Developer’s rights, interests and
obligations under this Agreement shall occur without prior written notice to the
City and written approval by the City Manager, which approval shall not be
unreasonably withheld, conditioned or delayed. The City Manager shall consider
and decide on any assignment within ten (10) days after Master Developer’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. Upon receipt of a request by the City to Master Developer of a
request to complete the notice of assignment to the Master Association as
provided in this Section 9, Master Developer shall promptly notify the Master
Association and thereby complete the assignment to the Master Association.
10. 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 “Master Developer” in this Agreement shall be deemed to refer
to Dublin Crossing, LLC and include all successors and assigns of Dublin
Crossing, LLC.
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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
Master Developer:
Dublin Crossing, LLC
500 La Gonda Way
Suite 100
Danville, CA 94526
11. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
12. 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.
13. 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.
14. Restatement of Original Agreements. This Agreement amends, restates, and
replaces in entirety those certain Agreements for Long Term Encroachment for
Landscape Features which were recorded in the Official Records of Alameda
County, California (the “Prior Agreements”). The Prior Agreements are:
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a. Agreement for Long Term Encroachment for Landscape Features within Tract
8150 Boulevard Phase 1A, recorded on October 24, 2016 as series number
2016276628; and
b. Agreement for Long Term Encroachment for Landscape Features within Tract
8309 Fillmore at Boulevard and Sunset at Boulevard Phase 1B, recorded on
November 27, 2017 as series number 2017260053.
15. 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 ______________________, 202_.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By: ______________________
Linda Smith
City Manager
MASTER DEVELOPER:
Dublin Crossing, LLC
By: __________________________
Name:________________________
Title:_________________________
By: __________________________
Name:________________________
Title:_________________________
PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 991-23057524-TC8
CLTA Preliminary Report Form – Modified (11/17/06) Page 3
EXHIBIT A
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA,
STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
REAL PROPERTY SITUATE IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA,
AND BEING A PORTION OF THE 3636.1222 ACRES OF LAND DESCRIBED IN THE FINAL JUDGMENT OF
RECORD IN THE DISTRICT COURT OF THE UNITED STATES IN AND FOR THE NORTHERN DISTRICT
OF CALIFORNIA SOUTHERN DIVISION CIVIL NO. 22352-R DATED JULY 21, 1947 AND RECORDED ON
AUGUST 1, 1947 IN BOOK 5132, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY, SAME REAL
PROPERTY SHOWN ON RECORD OF SURVEY 2031 FILED ON JUNE 23, 2006 IN BOOK 31 OF RECORDS OF
SURVEY AT PAGE 28 IN THE OFFICE OF THE COUNTY SURVEYOR AND RECORDED AS SERIES NO.
2006-243022 IN THE OFFICIAL RECORDS OF SAID COUNTY, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
BEGINNING AT A 3/4 INCH IRON PIPE AND TAG, STAMPED LS 3187 (HEREAFTER REFERRED TO AS
IRON PIPE) AT THE INTERSECTION OF THE CENTERLINE OF ARNOLD ROAD AND THE NORTH RIGHT-
OF-WAY LINE OF DUBLIN BOULEVARD; THENCE WITH SAID NORTH RIGHT-OF-WAY LINE WITH THE
FOLLOWING FOUR (4) CALLS:
(1) SOUTH 52 DEGREES 40 MINUTES 28 SECONDS WEST 871.26 FEET TO AN IRON PIPE ON THE
BEGINNING OF A CURVE, CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1,905.00 FEET;
THENCE
(2) SOUTHWESTERLY 556.44 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16 DEGREES
44 MINUTES 09 SECONDS TO AN IRON PIPE ON THE BEGINNING OF A CURVE, CONCAVE TO THE
NORTH, HAVING A RADIUS OF 1,905.00 FEET; THENCE
(3) SOUTHWESTERLY 725.24 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 21 DEGREES
48 MINUTES 46 SECONDS TO AN IRON PIPE; THENCE
(4) NORTH 88 DEGREES 46 MINUTES 37 SECONDS WEST 1,214.28 FEET TO AN IRON PIPE ON THE WEST
BOUNDARY OF THE PARKS RESERVE FORCES TRAINING AREA; THENCE WITH SAID WEST
BOUNDARY FOR THE FOLLOWING FIVE (5) CALLS
(1) NORTH 46 DEGREES 28 MINUTES 52 SECONDS WEST 1,113.05 FEET TO AN IRON PIPE; THENCE
(2) NORTH 43 DEGREES 31 MINUTES 08 SECONDS EAST 100.0 FEET TO AN IRON PIPE; THENCE
(3) NORTH 46 DEGREES 28 MINUTES 52 SECONDS WEST 1,123.43 FEET TO AN IRON PIPE ON THE
BEGINNING OF A CURVE, CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 11,309.19 FEET;
THENCE
(4) NORTHWESTERLY 308.06 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 01 DEGREES
33 MINUTES 39 SECONDS TO A NAIL AND TAG (LS NO. 3187) IN THE CENTERLINE OF DOUGHERTY
ROAD; THENCE WITH SAID CENTERLINE
(5) NORTH 01 DEGREES 13 MINUTES 03 SECONDS EAST 105.60 FEET TO A POINT 25.00 FEET SOUTH OF
THE CENTERLINE OF 5TH STREET; THENCE WITH A LINE 25.00 SOUTH OF AND PARALLEL WITH SAID
CENTERLINE
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PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 991-23057524-TC8
EXHIBIT A
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 4
SOUTH 88 DEGREES 24 MINUTES 15 SECONDS EAST 3,107.51 FEET (PASSING AN IRON PIPE AT 65.00
FEET AND 1,714.82 FEET) TO AN IRON PIPE; THENCE
NORTH 38 DEGREES 41 MINUTES 57 SECONDS EAST 720.96 FEET TO AN IRON PIPE 25.00 FEET SOUTH
OF 6TH STREET AND 25.00 FEET EAST OF HUTCHINS AVENUE; THENCE WITH A LINE 25.00 SOUTH OF
AND PARALLEL WITH SAID CENTERLINE OF 6TH STREET
SOUTH 88 DEGREES 24 MINUTES 15 SECONDS EAST 1,353.13 FEET (PASSING AN IRON PIPE AT 1,323.13
FEET) TO A POINT IN THE CENTERLINE OF ARNOLD AVENUE; THENCE WITH SAID CENTERLINE
SOUTH 01 DEGREES 23 MINUTES 29 SECONDS WEST 1,480.08 FEET (PASSING AN IRON PIPE AT 1,360.84
FEET) TO THE POINT OF BEGINNING.
IT BEING THE INTENT OF THE FOREGOING DESCRIPTION TO BE PART OF THE LANDS ACQUIRED
UPON THE FILING OF DECLARATION OF TAKING, AMENDMENT TO DECLARATION OF TAKING AND
SECOND AMENDMENT TO DECLARATION OF TAKING ENTITLED UNITED STATES OF AMERICA V.
3396 ACRES OF LAND, MORE OR LESS, IN ALAMEDA AND CONTRA COSTA COUNTIES, CALIFORNIA,
ADA CLEMENT, ET AL, FILED IN THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN
DISTRICT OF CALIFORNIA, SOUTHERN DIVISION, CIVIL NO. 22352-B, JUDGMENT EFFECTIVE 27
AUGUST 1945.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE QUITCLAIM DEED FROM THE UNITED
STATES OF AMERICA TO DUBLIN CROSSING VENTURE LLC, A DELAWARE LIMITED LIABILITY
COMPANY RECORDED MARCH 7, 2014, INSTRUMENT NO. 2014-64105, OFFICIAL RECORDS.
PARCEL 2:
REAL PROPERTY SITUATE IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA,
AND BEING A PORTION OF THE 3636.1222 ACRES OF LAND DESCRIBED IN THE FINAL JUDGEMENT OF
RECORD IN THE DISTRICT COURT OF THE UNITED STATES IN AND FOR THE NORTHERN DISTRICT
OF CALIFORNIA SOUTHERN DIVISION CIVIL NO. 22352-R DATED JULY 21, 1947 AND RECORDED ON
AUGUST 1, 1947 IN BOOK 5132, AT PAGE 1, OFFICIAL RECORDS OF SAID COUNTY, SAME REAL
PROPERTY SHOWN ON RECORD OF SURVEY 2031 FILED ON JUNE 23, 2006 IN BOOK 31 OF RECORDS OF
SURVEY AT PAGE 28 IN THE OFFICE OF THE COUNTY SURVEYOR AND RECORDED AS SERIES NO.
2006-243022 IN THE OFFICIAL RECORDS OF SAID COUNTY, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT AN IRON PIPE ON THE NORTH RIGHT-OF-WAY LINE OF DUBLIN BOULEVARD AND
THE WEST BOUNDARY OF PARK RESERVES FORCES TRAINING AREA; THENCE WITH SAID WEST
BOUNDARY FOR THE FOLLOWING TWO (2) CALLS:
(1) NORTH 46 DEGREES 28 MINUTES 52 SECONDS WEST 1,113.05 FEET TO AN IRON PIPE;
(2) NORTH 43 DEGREES 31 MINUTES 08 SECONDS EAST 100.00 FEET TO AN IRON PIPE; THENCE
CROSSING THE LANDS OF PARK RESERVES FORCES TRAINING AREA WITH THE FOLLOWING TWO
(2) CALLS:
(1) NORTH 43 DEGREES 31 MINUTES 08 SECONDS EAST 30.00 FEET;
(2) NORTH 46 DEGREES 28 MINUTES 52 SECONDS WEST 35.02 FEET TO THE SOUTHWEST CORNER OF
SAID NASA PROPERTY, BEING THE POINT OF BEGINNING; THENCE WITH BOUNDARY OF SAID NASA
PROPERTY FOR THE FOLLOWING FIVE (5) CALLS:
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PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 991-23057524-TC8
EXHIBIT A
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 5
(1) NORTH 46 DEGREES 28 MINUTES 52 SECONDS WEST 525.48 FEET TO AN IRON PIPE;
(2) SOUTH 88 DEGREES 26 MINUTES 29 SECONDS EAST 1,245.99 FEET TO AN IRON PIPE;
(3) SOUTH 01 DEGREES 35 MINUTES 14 SECONDS WEST 315.58 FEET TO AN IRON PIPE;
(4) SOUTH 42 DEGREES 12 MINUTES 28 SECONDS WEST 47.81 FEET TO AN IRON PIPE;
(5) NORTH 88 DEGREES 24 MINUTES 21 SECONDS WEST 823.94 FEET TO THE POINT OF BEGINNING,
CONTAINING 8.466 ACRES, MORE OR LESS.
IT BEING THE INTENT OF THE FOREGOING DESCRIPTION TO BE PART OF THE LANDS ACQUIRED
UPON THE FILING OF DECLARATION OF TAKING, AMENDMENT TO DECLARATION OF TAKING AND
SECOND AMENDMENT TO DECLARATION OF TAKING ENTITLED UNITED STATES OF AMERICA V.
3396 ACRES OF LAND, MORE OR LESS, IN ALAMEDA AND CONTRA COSTA COUNTIES, CALIFORNIA,
ADA CLEMENT, ET AL, FILED IN THE DISTRICT COURT OF THE UNITED STATES FOR THE NORTHERN
DISTRICT OF CALIFORNIA, SOUTHERN DIVISION, CIVIL NO. 22352-B, JUDGMENT EFFECTIVE 27
AUGUST 1945.
PARCEL 3:
A NON-EXCLUSIVE EASEMENT FOR STREET AND UTILITY PURPOSES WITHIN AMARAL STREET AND
ELLINGTON STREET AND FOR RAILROAD PURPOSES ADJOINING SAID RAILROAD SPUR TRACK,
APPURTENANT TO PARCEL 1 HEREINABOVE DESCRIBED, TO BE USED IN COMMON WITH ADJACENT
PROPERTIES, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHERN TERMINOUS OF THE COURSE AND DISTANCE DESCRIBED AS "NORTH
47°12'21"WEST 525.556 FEET" IN PARCEL 1 HEREINABOVE DESCRIBED; RUNNING THENCE NORTH 89°07'23"
WEST 44.906 FEET TO THE NORTHEASTERN LINE OF THE SOUTHERN PACIFIC RAILROAD COMPANY RIGHT
OF WAY LINE; THENCE ALONG SAID NORTHEASTERN LINE NORTH 47°12'21" WEST 547.952 FEET TO A LINE
DRAWN PARALLEL WITH SAID CENTERLINE OF SAID RAILROAD DRILL TRACK AND DISTANT 15 FEET
NORTHERLY THEREOF, MEASURED AT RIGHT ANGLES THERETO; THENCE ALONG THE LAST SAID
PARALLEL LINE SOUTH 89°09'31”, EAST 1337.937 FEET TO THE EASTERN LINE OF SAID ELLINGTON
STREET; THENCE ALONG THE LAST NAMED LINE SOUTH 0°52'10" WEST 341.699 FEET AND SOUTH 41 °29'26"
WEST 33.188 FEET; THENCE NORTH 89°07'23" WEST 39.520 FEET TO SAID CENTERLINE OF SAID ELLINGTON
STREET; THENCE ALONG SAID LINE NORTH 41°29'26" EAST 47.810 FEET AND NORTH 0°52'10" EAST 315.581
FEET TO SAID CENTERLINE OF SAID RAILROAD DRILL TRACK; THENCE ALONG THE LAST NAMED LINE
NORTH 89°09'31" WEST 1246.368 FEET TO SAID LINE IN AMARAL STREET; THENCE SOUTH 47°12'21"
EAST 525.556 FEET TO THE POINT OF BEGINNING.
PARCEL 4:
PARCELS C AND 3, PARCEL MAP 7395, FILED OCTOBER 31, 2000, BOOK 254 OF PARCEL MAPS, PAGE 28,
ALAMEDA COUNTY RECORDS.
APN: 986-0001-15, 986-0034-002-00 & 986-0034-006-00
PARCEL 5:
Being all of said Deed recorded January 16, 1907, Book 1326 of Deeds, Page 9, Alameda County Records.
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PRELIMINARY REPORT Fidelity National Title Company
Your Reference: Order No.: 991-23057524-TC8
EXHIBIT A
(Continued)
CLTA Preliminary Report Form – Modified (11/17/06) Page 6
Excepting Therefrom, all that portion lying Southwesterly of the Northeastern line of the parcel described in the Deed to the
County of Alameda, recorded December 12, 1985, Instrument No. 85-264889 and re-recorded January 31, 1986, Instrument
No. 86-26014, Alameda County Records.
Excepting Therefrom, that portion lying Northwesterly of the Easterly line of the Parcel described in the Deed to the City of
Dublin recorded December 31, 1986, Instrument No. 86-332763, Alameda County Records.
Excepting Therefrom: "All minerals and all mineral rights of every kind and character now known to exist or hereafter
discovered which are five hundred (500) feet or more below the surface including without limiting the generality of the
foregoing, oil and gas and rights thereto, together with the sole, exclusive and perpetual right to explore for, remove and
dispose of said minerals by any means or methods suitable to Grantor, its successors and assigns, but without entering upon
or using the surface of the property, and in such manner as not to damage the surface of said lands or to interfere with the use
thereof by grantee, its successors or assigns", as reserved in the Deed from Union Pacific Railway Company, a Delaware
corporation, recorded November 15, 2000, Series No. 2000338246, Official Records.
APN: 986-0001-003-02
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EXHIBIT B – LANDSCAPE FEATURES EXHIBITS
The following are a list of the Long Term Encroachment Agreement Maintenance Responsibility
Exhibits for the Boulevard project on file with the City of Dublin Public Works Department, and
are hereby incorporated by reference:
Exhibit B – Long Term Encroachment Agreement – Tract 8150 Dublin Crossing Phase 1A,
dated July 18, 2019
Exhibit B – Long Term Encroachment Agreement – Tract 8309 Boulevard Phase 1B, dated
November 25, 2020
Exhibit B – Long Term Encroachment Agreement – Tract 8361 Boulevard Phase 2B, dated
July 18, 2019
Exhibit B – Long Term Encroachment Agreement – Tract 8362 Boulevard Phase 3B, dated
July 18, 2019
Exhibit B – Long Term Encroachment Agreement – Tract 8368 Boulevard Phase 3C, dated
June 20, 2018
Exhibit B – Long Term Encroachment Agreement – Tract 8382 Boulevard Phase 2A, dated
November 25, 2020
Exhibit B – Long Term Encroachment Agreement – Tract 8382 Boulevard Phase 2D, dated
November 25, 2020
Exhibit B – Tract 8382 – Boulevard - Phase 2C Maintenance Exhibit, dated 03-23-18, shows
Iron Horse Parkway, Dublin Boulevard (corresponds to Phase 2 backbone plans)
Exhibit B – Tract 8360 – Boulevard - Phase 2 Offsite Maintenance Exhibit (2-sheets), dated 01-
30-18, shows Dublin Boulevard, Iron Horse Parkway offsite (corresponds to Phase 2 offsite
plans)
Exhibit B – Tract 8413 NH7 – Boulevard – Phase 2 – LTEA Maintenance Exhibit, dated 06-18-
18, shows Arnold Road, Dublin Boulevard
Exhibit B – Tract 8360 – Boulevard – NH8 – LTEA Maintenance Exhibit, dated 05-30-18,
shows Dublin Boulevard, Iron Horse Parkway
Exhibit B – Tract 8415 – Boulevard – Backbone Phase 3A Backbone Maintenance Exhibit, dated
06-19-2018, shows Horizon Parkway, Iron Horse Parkway
Exhibit B – Tract 8373 N24 Boulevard – Phase 5 LTEA Maintenance Exhibit, dated 08-24-2020,
shows decorative pavement at Culvert along Horizon Parkway
Exhibit B – Long Term Encroachment Agreement – Arnold Road, dated July 18, 2019
Exhibit B – Long Term Encroachment Agreement – Scarlett Drive, dated November 23, 2020