The URL can be used to link to this page

Home My WebLink About4.06 PM 9827 Fallon GatewayDESCRIPTION: The Planning Commission adopted Resolution 09-18 on April 28, 2009 approving Site Development Review for the Fallon Gateway commercial center located on the west side of Fallon Road between Dublin Boulevard and I-580. Parcel Map 9827 subdivides the 33.9-acre area of Fallon Gateway into five parcels for future development with related easements. The configuration of the parcels is shown on Attachment 1. The Developer, Stanforth Holding Company, LLC, a California limited liability company, has submitted a signed Tract Improvement Agreement Parcel Map 9827, Fallon Gateway (Attachment 2, Exhibit "A" Agreement) to complete the required public improvements in accordance with the Conditions of Approval for the Tentative Map. Stanforth Holding Company has provided to the City an easement deed (dedicating development rights to applicable lands within Parcel Map 9827) in lieu of providing a Performance Bond and a Labor and Materials Bond to guarantee construction of the improvements. The easement deed is a form of security that is acceptable to the City within the meaning of subdivision (a)(5) of Government Code section 66499 and permissible under Dublin Municipal Code section 9.16.080. When bonds have been provided, or the required improvements have been completed, the City will reconvey the easement deed to the Stanforth Holding Company. The easement deed can be accepted by the City Engineer (and subsequently released by the City Manager), and therefore no City Council action is required regarding the easement. A copy of the Grant of Easement and the future Release and Reconveyance are attached to the Tract Improvement Agreement as Exhibits "A" and "B" to the Agreement. Parcel Map 9827 has been reviewed and found to be in conformance with the Tentative Map and Conditions of Approval adopted by Community Development Director Resolution No. 09-07 on August 12, 2009. NOTICING REQUIREMENTS/PUBLIC OUTREACH: Public noticing occurred as part of the Tentative Map process. Approval of the Final Map is affirmation of the Final Map's concurrence with the approved Tentative Map. Copy of Staff Report to be sent to James Tong on behalf of Stanforth Holding Company. ATTACHMENTS: 1. Reduced Copy of Parcel Map 9827 2. Resolution Approving Parcel Map 9827 and Tract Improvement Agreement Parcel Map 9827, Fallon Gateway, together with Exhibit "A," Tract Improvement Agreement G:\DEVELOPMENT, PRIVATE\Dublin RanchWrea B\Fallon Gateway\PM 9827\Staff Report Final Map.DOC Page 2 of 2 ~~ wsw o,~~ w°as ~aow - a ~ =o ;~, tlb o W ~ ~~ €q~ WH> m ° w a ~ ~Q~t ~l Kq apW m ~ yU <€ W < ng0~ }%~K tl 4 paZ U so xamW y~y!!Qa Pi u ~ ¢Y f OT ~<<~NO ~ h ~ 2 a p y p d ~ wrc°O ~ a ap On ~ z z =wu oo Zm' ~° O y ~ 'v1A ~O ¢ u t > e e O ~ z 1 T n ~ Y ~~nz~ ~. rc. ww.~ w W a u32 d~~ +~~+~-' C ¢ ~Wyc = ~ D ~~ zn oaQ~ ~a' S n¢ ~o ~ g~ 9 O OS^ S I <o V K~~ d ~ qzW W < h ~U rw < O mw Y m~ ~ o gg ww5rc ~z N < ~ ° . ~W.¢ ¢ ~~ ~ _'~.y d w .1 Km wS ~~' y ~ y~ ki }} ~ jLL ~ gacam a~w sum YS ~ <~ oa z1 tea. ~. om q ° t~~ ~ oo 01° w o °; °:ao a $~. n v ~~~~_ a a~ ~ ~ C1 ~~ Z O oy ° y ~}° 3 wg~~ s n~ ~~ ~ W ¢ ~~~ m o~ °w d > t ~ z W ~ <O F~ Or J ~Uq na vwi j . ~ $~ SS . -- 1 ~ ~H } - q ~ ~9 ~c ° i < < I < ~.< 2'N =r ~~a wK ~ Z!~ < ~ Or EKi sF V> ~ ° yew ~ ~ ~~g % % aY w ~ K ~ 4 n ~ ° ~ ~ 4 ~~~~> ~ hw ~o gw o~° w w 4 wi i o ~~~LL rcr ~~ ~ ~ , ~ I a ° o `~~$n r'T' ~ ~Zx $ kg ° ~o was ~ r~ n z ~ ~ 3 ,°yw ¢~ z¢ a ~z zl~ ~ ~ as ~lN ivF o U z~u o zF ~< o _-~ ^ ^ ^ ~~ LL ~=~ aFt a¢~®~ Z No ~ s /~yy++\~ i z = z 1Jb7 Yf _ ~. O g¢~ ~ ~ U W Ol n~~ Z ~~m~°~ ~$ U ~ ~~f1 U W ~~~ygaj] m 0 ~aGN~~ °w W~°" ~ ~W °~z m ut o 4 la. $ O ?. ~t=tlU= ~ 0 U ~~O_ ~4Z~°ar 33i J° 4 °~~ 40 °Ww KO Ow <w OLL }°~~~r w K]Z U. Dtw-OF ~, W>W n2 t3K F=d~pE~ O ~p0~ ' pSR ~~< m ~6 ¢O ~ ¢O W [ f ~6tlS~K C~`~'F° O=i Sru wwOtL~OK '3°w W ° ~ ~m ? ~1n~ wy 4p ~ Oiy 0.~~ Ora qa Ol=- . R OLL $ °tiW »» W 0~1 Y,K aK ~¢ }hn I < +00 2 = m ~ .~u ~ ~y ,Td vz~~Ow?¢m ~ y~d~t~m ai~#s°O ~ g rOrvW °w< On6 O O~ ~ 3<j ~~~<j 2~Ny ~.¢~ O U tl~s~ rcw z QM ~~~ rw~ " ~< wo a o m: np ° gx°' n o oyu W OZn¢ s ~ m2~~ 3 $ 0~~ zW~ O n rn 22 s~ < w J ~~~ U~~o dim nw u a o y~a o .2- ° ~u.= tiw'~S aFK~ "¢ w ~ _ 3 ~z¢~ ~ ~ uaW Y'~w Y >~ Uww O¢w a,¢"'~~o rcwr Wn .. ~o ,..5~<n 'cn oQ~ a~ ~ ~ ,, ~ 2 ~~ 3°~ ~~w ~ ns w a3> F ' as W u p >p ~ ° ° W°" 4. °iw...zd = ==F z Uw vr S ~ow9 o $ 5 ~ ~ x ' ' o~ ¢ Fe ~ ~~ a s oa a o~~ _ atl u'~ ~ " : w °W $ =~~n on <rc c~~a w - c w K q aa OY,s„~ u ~xm oz ~~,. ~ z FJ~ ~>n we-~ Z 8.~ 44 ~.Ol.~<n~s ~ ~ .[ Wares o o ¢Na Rg p22 uS % > [) w°wt ~z W~ wyd o p UZ a~~ o <iw b~o a l V~.U aFi o ~' O Sw2 g 2M1U!=a ~P°Ua Wp mWaO w Om~a Su, g6g ¢ ~O °3 ~~ ~ ~ ~ w 2 a °w a ~ ~S yams wbw =~~ ~~ mn¢.o ~ = w mqw ~a ~ mww ~ mN u ~um o°$zu wzzhz~o "„"gi s~ ~UZOi4. rim Zvi za SOZ 6~ e"'a'kor~r ~~Ta := r o W °u r `<'f~ wa 1°j0 o a O ° ~G a a uf K~ o w z z 6sfj] ~ u ~ z>Tw G F2~'~ u ~ o u~i~~y<nS n S 1- ° Z j _ w ~ =NNZ rz W= ~ ca O n w = ~ K ~Fs O ~. Qu. ~ 4 ~ ~ 4m~ti Z. ~` _ ~ 22 °tl~ r o ¢~ UgY ~~' 2nOG w ~ r~~ W wLxz~k °•"' ~¢°S` Y. WO ~Sw q ~23 °q2 ~a ~~~ f°wH`w~ < pOKO z~< K ~ ° s c<o o °<o O ~su~ wt4 Wyo W3~ Z°u°mu,a n ~~o a~~n w$32 ~.i rc.N = ~y '~ Q 'w°>W~ °¢ a W €~z y~:¢ u~ O~~K W@I- WOSC xV .`n' t~Y~N Arco yw<(2 ?0 0 ,Q¢muOltt < ¢Z2~°C x n ~W ¢O wS1~.vwpiwm ~uuyuu~Sw a w w n I ~ `} f zq L$i<^2 1-00°< 2w4 On ~a..((~ :(. 2¢ 24Q 5.0 2w~ K. ~ ~~W :'O 2W~S '} <O ¢3r O OWUK4~S ¢2?aW0 2Ww~~~T~ ¢C¢Unu<is'} s F1 ~ .. < tl 161Yf W E i~ ~~~ ~b iC~MW 0 z x ~ J '~ F = a Y Q ~ W y~ ~~ OO ~o ~rc 8°w < ~~ z$ Zw ~~ LL~ ~ ~U ~ wW 3 ,- o ~$ a ~~ tl° 0 is c'r'~$~~ ~ < a ysy4 ~~ S h =~ o'~'3°~o R ~, ~ ~ ~ {Uj4 Fm Y g W ><j6 ~~~ ~ ~ ~ ~ U U n d 0 3 ~ ° '6 zd o"~m o rc S ~ m~ <°o `~~1c ~a ° ? ~ ~` i y~ u~s a~.W<b tl ~ 'J ~ < OU C ~°f mO Z~W »~Ow WO ~~ ~O < a Q s ~~ O ~UW KK <<~ 2~ Na ~~ C3 I 4~ QFS rl 43K Ur G ' z~ p ~2 = w w Iou i K ~°~ 1 ~ W ~ggw~q w ih W ym ~ J¢ ~ m ° O ~< ~y< ~~ WS ; S U~ 'w 2 < ~ KK UUU ~ W U~q w ~K h ~_ K i y ~ w0 m ° j2TZm Owx2'~e X20 ~4„W ~~ W4 ~ w Du . o ~ o n ~ Wo o ~ > ~ d~~~ az~ zw ~f mWU. a OZ S~ i ~ ~ ~ < ~q g 4w ~ o orcoY~Yl!rw K 9 °n~ 0 ~ w W < ~ W 2g2< b Y ? ~Q s n"a'O'S°mR T U ~° ° 5 Yr »¢ a~L ~~ ~ ;~ J< !-_ w gg W z~ ~z o ¢ ~ ~ 3 ~NZ ~ n + W p q w~ ~ t ~ 3 ~ ~ K r ~~ o u r IoW m g~a n m ~~ " v¢~ozE°w~ ~ „ F Qom' z Y~ Y ,°,°z ~a _°} ~_ ia~ a<? W N? ~~ i wz rt°F R O Z~3 ~ <~Z L OtlW~O T4 VKsn xh 6~ C Kd 6N. a W °n0 pp~~jj 11 =4=6~ S a~W ~ < ~ 5 2 w~ p2VW O 4 = €~~ u ~swg ° ~° a ~o° o°?Q ~ a i ¢a ~ o ~°, n ~ ~ Z W~~~ ° n WSw ~ s onv9~ ~ $ r ~~v~o ~ LL w~ £~5b g ~ ~ g g~ d nn~ ~u ~ n a ~~~~Y na zir ~ W o (~ w Or y 2 W 5 z >sg~~ za Qw °~ W m ~~ dui ° '~ O _ z YmWr? aq < 4 ~ yy Oti ~ u7 w U ~o ~o~°i w ,^. x ~~ z$~'w ~`i w° 'q' o o ~~ a n ~ € o NU J u .a~~ Oaje~A 9 u w~ 2 ~ y '~ ~'~~~ _ 4 ' ATTA I'.HMF NT 1. a ~ ~ aid ~ g ,~ ~_~~ ~~~~ g~ ~ ~ ~~~ ~~~~~ ~~ ~~~ ~ ~ fi ~~-~ s~ ~~~~~ ~~~ ~~~~~ a ~"~ ~ ~~ ~W~ ~~~ ~~ ~ . ~ ~~~ ~~~~ ~y~ z.: ,a e~~ 5~ p-~i. A~~ ~ ~~ ~~ ~y~4Q~~~ ~ f7 ~ e-' 4. ~oF mot'. '1 l stPj ~~ 6 ~ $y s ~~ ~^ ~ ~R L 6 m ~~ ~`~ O ~~ '~ ~ a. ~~ ~ 0 1~ ~~ \ ~~ ~ .~~ ~ 1 .x -. ' lac ~ ~~ ~° ~b~ ~~~~ `~s I a ~ b ~~ l pie /~ r ~"~,~ ~ PI I ~ ~ _r ' ~~ /~ I r 1~~., ~ 1 ,(Q k~ ~~s e .~ ~` 56 J* W ~~ a~ ha~ C ~ .t i d W U y'a, Q ~ ~ r~ ~ f ~ ~ ~ ' ' ~ ~vwne '3tw ' s 1 § g 6 i ~ 3Y143 3Yd ~ ~OHNBG '36d ( ~ ti' 11. 5.49' / .04~67Za:0 .5'YHL=tl .79117=1 ,6f.}z.cz=a .s ut=a , ` .BCt9=1 ,tY.7Y.60=Q .S'NY=a ~ , ~ ~ m~ N ~ W 'N ~ p,,,~ b ~. ~ o a '" m ~ a' ~ ~ I g y rc 4~ {i I I~ Kl iW1 5 i Y' i` ~ ~ ~ ~ ` n ~.`. ~~ ~ f r b~ ~ e o.r`~, opf y ~ ~P N ~z ~r ~ K' C J.~ ,~`. ~ ~g ~1 ~ ~ q~ . •.:3 z" a_"• db~>• . .~j, ~T~, I ~ ~ 'i I1~i ;~~I ice'. im' i~~ ~6i »g za_'~i ~ W o~~~ R., ~~~~ ~ ~ `~ ~ ~ $ , ~~~~ ~ ~ ~~~ ~ ~~_~ ~ ~o O~~p? 7(N ,.(~...~. ppR~a~r~~t'xRr~'pw~~ p _ ________ r , ~ o ~ o' ~ ~~ '~,; o <~aca ~~ ~VI'106 3Vt13 '3Vd 'asaea and i; S~ ~~ i' ~` i r i~ 1 1 t~ I ~~ ~! ~' ~~ r ~ ~ ~; i Oi K ~ ~ ~ ~ ~ n ..r h i ' ~ p _' .n-.r ~ w I ci ~, e ~ Z ~ , °r m ~ G- -+ r7i ~i i. _ . N!n C 0. ~ N = O Z t O '~ 4 p N ~~ nz ~o w0 ~ / / 8 -N- $ b ! ~ ~'~. f~ mr W ~ •S~9ps',y'1 ,, "n ^~~ a ~,~f, ~ ~GPSv+ ~?~ / _ e~R /' r CL b 454115 ~ P p~.7~ ~y gl~a ~p9,j'<~~ ~ ,~z„ g m ~ ~ ~ ~ ~, 3{ yr w 0'S ~ / w '- a' b,j ~ /'.adj. ~i / i "~ `., J " ~ fz5 {!y~¢ ~~ ~t:5~~i~• ~ Li~a99~~sID~~`~P // I -nu J z 4~~' ~~~~jW4+~ ~+ z.a ^~t' y~."f R.t5C4.00'~A:tY17 ~a~ ~txF'/~~~ :• ( cw.i c°O• v~u~~a+ mom ci ~.~l. `~2~iz ~ oa. 4 ' `~ ~ ~ V~ .~ ~~O pW~W W4~ SInW W I ~~o !"" ~~~_ SI f/ tau ~ yn'N J~O p~JOZ. S~Ww~~Yq~YZyyO ~O t~^ - f/ Nm Q~ I ~ W~~W~W,222 ~N ~N~j<~ UCy -xiiiri.szsin~ r. t7 ~$~G~Q~Q~v~iWW~:~~c~c~zZO2 0". z (~~ ~.-'yn Una I ~oy^L^B i~uWw2m3'm p~a z"' ~a (r-r/ ""'~ 0..w mo wwa Ztrg~Wa~a~inma .,. v, `(~ ~ ~ ~°' ~ ~ t1Z-6l 9d 4SZ N61 _ -. m l.! r ( ~ `~~j z a I ~£3~aVa ,~~„ ~"---" ---~ ~ J I I I 11~w~aaao=~~DO "-~~ a~ 3 ~~~ °~ ~ ~ ~~~ ~p.N~ ~xz ~ ~ >.t' Tr~r~r?? -N- ~4 p4~A4,~s~v LS~s ~a~ ~zo! 0~~`~1~9~/'lJ~ as~~'~`" ~ J,ts ~'"s n~ ~ p `~ _ ~ ,1 ~~ R 3M °~ Zi Y6-a.7..1---w. ti5 ,w e~q/ 1 a - - aao'34'ObE tiv5~,[\iW4R~` J;l6a y4`*~ ~3gi`fR'r ~ 7 j ~ A[zfi ~= `dam E ~ z; rfroeb v 5b1 a '~ qti m $ S 9PtY 3ZZ,Lt1t0a --' t t"~ 7'~M1h ~~1-' fZ''LII.MAl.if.6BNw ~ ,` ~ m ~ w or~ a~ rcb "~ 92=1 ; Y dC BZ°'7 ~o-us•v s'oos•a 9r=a'i + i d i W ~~ ,fit R ~;,;~;~ ~ v ~~ 4:e~ ~ a a 4 ~~ d~ ~ ~ ~ ~`{ ° ai ~ 4r~'~g'~ ~ ~i ~ ~ on - ion~ ~"cS~. C1 i~c~ ~* ; .W . m_ ~~ ~~0{~ ~ q~~`~a5 ~ O o Q""' lal o~ " ~~,~ ~n~ ~ a" ti ~-a' J ~~ < ~~~~a z•a"~ ~ f ' ~. _.;,sy j.._ a;., a,;; o q ~ txsL..l>v :s's91=a--j ~--.os.9La1•v .soot>a ~ m F ~ - :. $ y i ~Y~' ~ " 9 a e ~ m a, : ' .Y!'SZ°l / ; .fa 5i>l , ~ .bo.bt at.v .5'aY-a -~ ~ ~ J = a S / .ro'si ~ ~ ~ / (6T3.rrif.iGrti r .Fa'oY 3~~,ZZAON .LS'O£°t ~" '-.fs'M 3dL.LZ.OMt ' ' M I.£fbaN o ~______ +~,~ ,~ s{a)33f.81.tBN 1, _ ~,a'61=1 .i r.Sr,lt°V .S Oa=a l8•tr=~ ,Ir.St.l L=4 .S'br=a t0:S11 M Z.r£.6aN ~' ' ,8C"itr MSl.£rb9a i.91A0°V .5'69l°a $'ro ZZ'ai°1 ~~~19 ~ db'If=l .l4'9af h 3'~' 11,S5Z9°0 ~.. .liS~btZ0=9 h.J-~""~/ ' ` ~~ .561=a ~ ~ .S'rat>a v` t i ~ ~ , ~~3Si:iZd9ti i ` laz:s-~ ~E ~ n a ~ ~ , ~ .,, tfsLbz=o ~ n i a .> s•bzt=a .£9 ca=~~~, a (W t ' ~ .5'04L°a 9 .k s ' ~ ,,ss,, '~;;' ;' 8 ~~ t.. ., •a~., ,1t~ieb0=0 z u ~ ~ s ~ Q' (n .S'b!=a ~ 6 Yb ~ r .q vi .rt Lr°i ;r.vs`a tee- a j V I ': ~.~ Q- 1f.o1bL-v ' ~~3. T'3 ~~ W -H w i .ss1=a ta+ul7cp ~ a~ Izowi ~i ~ r `~l vi6~ rb's1°i ~ o h~ ~ ~ n J10.C9bf'9 ,.,,y `y, 1fAl.BL=Y ,4[ O m~r S[UI+I .5'6i-a ti, ? ,5'Oai>a a-"~ .5"OL°a M,£L.iCbM'2 ,~ ,x1:911 NSZSibaa ~.J ~;~ .,. _ ..1.___SO'S6 .i1'LL -'C;S1'11=1 ~ ~~'dS^~im ~YWfls `3fle~ is .oo.0oo6•v . . p 3Yfi3 HXd~ ° ~~1 sbr=a - osasq •ast~°°~ ~ \ LL'Yt h n ~qs ~~ e MSZ.iYbaM e ,fL'SL a^^. _ ~.I t.L558N t 110'/S ~ $ ° q( ~ •,' ~ . `~' , ~~ 5002 MSGffbBa i 8: MjtSf,6fC1'~ ~ ,u`! c ~~ui g~ rt', I~ b i 2y~ ~ dl y do °2 ^~ ~ b h ...,"\ ~~ u~ K ~ Y O~v~O ~~~~_ ~~f~ w x~1 ~ Q ~ vj g V ~~ l1 ~_.~ CL' W Pl, ,o a ~ ~~ f, ~` rn o s:~vA / a`~51~~ d ! W Q vi c°9 V.,iS° ~ ~ F~d~u ~' a A=~9 ,~ • ~~' SCI ~ s ~• Lx. staro+ ewura uscut'el u,,. ao. N8Y4t'38'W 200"12ts23 2t2 92' BNOr. 77^"/l7?T ll?7 /'sTJ777777 tIS6'i JJ t459'37.78N ~_. 1o Yrsa>v ' ` ia.w ,'~.. T---,.~~,. , X59 OF•1 ~I~kObs'4 ,S'bl>a m~A. 61'£t 3.LZ.lZ.DON ~ ,98'64°1 }S.OS9-v .S'r95•a ;~.66'lr°t 18'tbf r yauzt=v .sau-a ~, ~' Wt~ <~ w. a ~ ,~ A iM ~ ;;- tl) ~ o, ~; O. x ~~r ~~ fga+~ s: r"a# ~as ai rcs 3Yd _ ~. e~ i~ ,' ..te 'p`.i`` ~~I v "~~i W ~ ~ < ~ . ~ i Wea oqa `~ ; t jai ~°~ n ~ ~ ! ! `~ ~+~'Y~p ~ $d~~ ~ air gA44 ~ ,y,t'~ t;., W ~ r ~~~~ ~n$ $~ ~ m'z Ni _ ";poi , R, , ~;~, ~' v w o~~~ ~o~~ ,,./ ~~ .~7'~~~2^ 'V ~WPio ~3~ ~$ pd ~~~~D3 a m a -= °~'°z N~ w zuo~ 1. \ ySy~~ ~ (~ 2O,iy~ ~yi/{ m ~ S'~S ~.~f ,t y. z ~ !"r"1 u F e 4 is I) N ~ _$ N ~ °o zo § z! o~ ~° o p N ~ O ~ ~ P K ~ 1.7 O N t] N f- W W x t!1 W w w N W 0 Z v d O Z W J 0 / . 1~~ ~ n.. ove m.~catam. d tr ~.,'4'r '3+ . lY yui '~' 'W~ < f t `~ ~ S /*ti W +4i .. r~.r. r'1'%~'0 0°~+~~ by ~ , ~411~tl$*`"~ o /,. p ,.,1V' tc.p„ t l ~ ~` a~~' ~" ~ ~~~ "'b+ ~LM~4 ~~ i / ~'^ %! ~~ ap~$ ~' ~° X65 ,yg ,\GP ~ , ~l, / z Ib~ o f~E ~fc.0 / ~4~~ ~ 1fF~ / / O`~ t'~'~ N / / nn S~~~, '' b ~yj ~' 9 ~~' /O ~r >=______- "~~ ' _.._ _ '40 L tl ,o, OQ'+ A=19'12 x q" 70 , d S ~ / % ' / rn d~., t,~ sl, v; R: 1102. `,°, l L , ~, Bti ~ '" N v - ti~ s ~. ~ 9 ~' / ~r`u U m a_ (t-8i i~+M tr .llZfr 3,5t_s>DE![._--'-"` r ,.~ ~ `Yam ~t?----d"-_.- - .rS,05b>7 .S'S19>d ,61.us=v m -c_ m ~ ~ U` ~ ~~v a a su ~ ~W~ a a ~ ~W~ ~~W~ _ ~ . ~ ~F~ ~ S ~ ~~ ~`~X ~~~~8~ ~~ Qua ~~-~ ~~ o ~~a~~~ ~ ~~~ ~~~~~ ~~~ ~° a{~~ "~ 3isn N~ ~~ Y ~ - ~'~ ~ ~ ~ ~~~ m N ,; r+ ^ ~~ ` ~ .` & ~g :mot $ ~$ o ~~~ .7+~ Z T~ [o 00 3 ~U N ' }.~ ~! Z ~ raar$j 2~ .99'6l a ~~:~ O i ~~ I.= I A ~s J ~ ~~ ~ ~~ ~• .tea w ~ v3 Y CL ~ W .~^' ~ z `~' e ~6O ; a'ak$ ~-s'7 ~, ~ a /' -~ $ ~ '~'~ d ~' -' it w a. ~U ~,, a m ~ 5~ o ~ ~~a~r., rl _ 3 ui ~ y1 t° ~ ,d~ Q " ~S~ h X15' .f `:~9c W, %P't 1T ~ ~ ~3Y W~ ~-' ~~, C3. C ~i ~! O~y~~ p~Wx s""~ m ~ ~ o °J a ~Iy1A I~TE~~A~~ 5g4 ATE OF ~Ay1p0 ~ gf ~ ~ ~ ~d ~~ ~~ cx^ ~ ~~ J ~ n j 4 9~j~j7~~ r J ~~a ~~A9 "'' ~1 7ry~Jr~ ~~~p W W ~~s ~~~ ~' m ¢ JY W U o W;{ Qo Ua a~ a Q. ~, ~ w ,~ - Wes„ 3', ~ u o a ~ ~ ~ -, :r a .~~ 3z3.v g$ ~~ W ~~~/~~/~ z $ `J~d ~jOZ o~~~ s~~~ ~ a ~~ L~~ ~N a~~~~~~ od^ ~'n. w _°o'O~ gu`'i rr ~l 40 ~~~ V ~~g~ ~g <WZ~ U ~e ~~ ~~m ~~~ ~Nt34fE ~g ~A J .~ ~ ado U o u ao .t .1f,4~.i1=Q . SZ.91.pp=Y 18'Osl . ~691~ 7 W z.rtsae f ~ ~ 11~ ( ) , ~ u~< z ' ` d t Q a ~ ` ~ , ~. J Eil ~ $ U N ~ ~ Q n- EX. STORM DRAM' .~ %j ~M m EASEMEM Ins. Ho. "- ~,i ~n ~ 2DOan1i623 ~ J ~~ NSl'13'aYE 53.98' ~~ ~ N81.13'4YE 4 9A 23' ~ ` z. 81.71' f ~ . ..,_.__._- ._.....ti.._..._....- .. -'- - _----° . h n ~ m q ........... ._..._ - .. g1.36' ' 79.79' NBi'13'42E ~° ,16lY ~ ~ ~- ~ z 4 M6(P3§'08 Hb~ M.fZ,fr~.BN x J ~a~ W U ~ Q ~ 11 > ~' .,~' RESOLUTION NO. - 09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING PARCEL MAP 9827 AND TRACT IMPROVEMENT AGREEMENT PARCEL MAP 9827, FALCON GATEWAY WHEREAS, Parcel Map 9827, in the incorporated territory of the City of Dublin, State of California, has been presented to this City Council for approval, all in accordance with provisions of the Subdivision Map Act of the State of California and the City of Dublin Municipal Code; and WHEREAS, the Developer, Stanforth Holding Company, LLC, a California limited liability company, has executed and filed with the City of Dublin a Tract Improvement Agreement to complete required subdivision improvements in accordance with the Conditions of Approval for the Tentative Map, and the approved improvement plans; and WHEREAS, the Developer has delivered to the City an easement deed applicable to the lands within Parcel Map 9827. The easement deed is a form of security that is acceptable to the City within the meaning of subdivision (a)(5) of Government Code section 66499 and permissible under Dublin Municipal Code section 9.16.080. ; NOW, THEREFORE, BE IT RESOLVED that said Agreement, attached as Exhibit "A," and bonds are hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized by the City Council to execute said Tract Improvement Agreement. BE IT FURTHER RESOLVED that Parcel Map 9827 is hereby approved, and that rights to the areas marked as Dublin Boulevard, Public Service Easement (PSE), Public Utility Easement (PUE), Emergency Vehicle Access Easement (EVAE) and Storm Drain Maintenance Easement (SDME) offered for dedication to public use in conformity with the terms of dedication be, and they are hereby accepted, subject to improvement, and that the Temporary Easement for Ingress and Egress as recorded in Instrument Number 2007260094, Alameda County Records is hereby abandoned; the Clerk of this City Council is hereby directed to transmit said Map to the County Recorder for filing. ATTACHMENT 2. °~ PASSED, APPROVED AND ADOPTED this 15th day of December, 2009, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk City ClerkG:~DEVELOPMENT, PRIVATE~Dublin Ranch~Area B~Fallon Gateway~PM 9827~Reso PM.doc `~ ~~6 CITY OF DUBLIN TRACT IMPROVEMENT AGREEMENT PARCEL MAP 9827, FALCON GATEWAY This agreement is made and entered into this 4th day of December, 2009, by and between the CITY of Dublin, a municipal corporation, hereinafter referred to as "CITY", and Stanforth Holding Company, LLC (or their assignee), hereinafter are referred to as "DEVELOPER". RECITALS WHEREAS, it has been determined by the CITY Council of the CITY of Dublin, State of California, that DEVELOPER, the subdivider of Parcel Map 9827, desires to improve and dedicate those public improvements (hereafter "The Improvements") required by City of Dublin Community Development Director Resolution No. 09-07 adopted on August 12, 2009 in accordance with the requirements and conditions set forth in said resolution, the requirements of the Subdivision Map Act of the State of California, the Subdivision Ordinance of the CITY, and those certain plans for said development entitled Improvement Plans Fallon Road (Phase I) and Dublin Boulevard (Phase II) for Fallon Gateway, prepared by MacKay &Somps and signed by the City Engineer on June 10, 2009; and Fallon Road and Dublin Boulevard Traffic Signal Improvement Plans (95% complete) prepared by TJKM Transportation Consultants and now on file in the office of the City Engineer, which are hereby referred to for a more definite and distinct description of the work to be performed under this Agreement as though set forth at length herein; WHEREAS, DEVELOPER intends to satisfactorily complete The Improvements within the time hereinafter specified, and CITY intends to accept DEVELOPER'S offer(s) of dedication of The Improvements in consideration for DEVELOPER'S satisfactory performance of the terms and conditions of this Agreement; and WHEREAS, CITY has determined that The Improvements are a public works subject to California prevailing wage requirements: NOW, THEREFORE, in consideration of the mutual promises, conditions and covenants herein contained, the parties agree as follows: 1. Completion Time. DEVELOPER will commence construction of The Improvements within thirty (30) days following the date on which CITY issues a grading permit for any portion of the lands included within Parcel Map 9827. DEVELOPER shall complete said work not later than 1 year following the date upon which said grading permit is issued. Upon completion, DEVELOPER shall furnish CITY with a complete and reproducible set of final Record Drawings of The Improvements, including any modifications made during construction. 2. Estimated Cost of Improvements. The estimated cost of constructing The Improvements required by this agreement as presented in the Bond Estimates for Parcel Map 9827, dated November 18, 2009 prepared by MacKay &Somps is agreed to be as follows: EXHIBIT ~, To the Resolution ~~~b • Dublin Boulevard (Phase II) Improvements $297,000 • Dublin Boulevard (Phase II) Landscaping $88,000 • Fallon Gateway Entry Traffic Signals $370,000 Said amount includes costs and reasonable expenses and fees which may be incurred in enforcing the obligation secured. 3. Security Furnished and To Be Furnished. A. DEVELOPER has delivered to the CITY an easement deed applicable to the lands within Parcel Map 9827, a copy of which is attached hereto as Exhibit A. City hereby finds that the easement deed is a form of security that is acceptable to the City within the meaning of subdivision (a)(5) of Government Code section 66499 and permissible under Dublin Municipal Code section 9.16.080. Upon DEVELOPER's provision of the security required by Subparagraph B of this Paragraph or the completion of The Improvements, the City shall promptly reconvey the easement deed to DEVELOPER and/or its successors in interest. To effect such reconveyance, the City Manager, without additional City Council authorization, may execute the Release and Reconveyance in substantially the form attached hereto as Exhibit B. B. Prior to issuing a grading permit for any portion of the lands within Parcel Map 9827, DEVELOPER shall furnish CITY with the following security in a form satisfactory to the CITY Attorney, and the parties shall document the address to which notifications to DEVELOPER'S surety shall be provided: 1. Faithful Performance. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one hundred percent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that The Improvements will be satisfactorily completed. 2. Labor and Materials. Either a cash deposit, a corporate surety bond issued by a company duly and legally licensed to conduct a general surety business in the State of California, or an instrument of credit equivalent to one-hundred percent (100%) of the estimate set forth in Paragraph 2 and sufficient to assure CITY that DEVELOPER'S contractors, subcontractors, and other persons furnishing labor, materials, or equipment shall be paid therefor. CITY shall be the sole indemnitee named on any instrument required by this Agreement. Any instrument or deposit required herein shall conform with the requirements of Chapter 5 of the Subdivision Map Act. 4. Insurance Required. Prior to commencing construction of the improvements, DEVELOPER shall obtain or cause to be obtained and filed with the CITY, all insurance required under this paragraph. Prior to the commencement of work under this Agreement, DEVELOPER'S general contractor shall obtain or cause to be obtained and filed with the Administrative Services Director, all insurance required under this paragraph DEVELOPER shall not allow any contractor or subcontractor to commence work on this contract or subcontract until all insurance required for DEVELOPER and DEVELOPER's general contractor shall have been so obtained and approved. Said insurance shall be maintained in full force q~z~ and effect until the completion of work under this Agreement and the final acceptance thereof by CITY. All requirements herein provided shall appear either in the body of the insurance policies or as endorsements and shall specifically bind the insurance carrier. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3) Workers' Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. DEVELOPER shall maintain limits no less than: 1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3) Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the DEVELOPER shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: 1) General Liability and Automobile Liability Coverages. a) The CITY, its officers, agents, officials, employees and volunteers shall be named as additional insureds as respects: liability arising out of activities performed by or on behalf of the DEVELOPER; products and completed operations of the DEVELOPER; premises owned, occupied IC~~~ or used by the DEVELOPER; or automobiles owned, leased, hired or borrowed by the DEVELOPER. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b) The DEVELOPER's insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d) The DEVELOPER'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2) Workers' Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the DEVELOPER for the CITY. 3) All Coverages. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. a) Acceptability of Insurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. b) Verification of Coverage. DEVELOPER shall furnish CITY with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. c) Subcontractors. DEVELOPER and/or DEVELOPER'S general contractor shall include all subcontractors as insureds under its policies or shall obtain separate certificates and endorsements for each ~, ~~ subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 5. Work Performance and Guarantee. Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect, DEVELOPER guarantees all work executed by DEVELOPER and/or DEVELOPER'S agents, and all supplies, materials and devices of whatsoever nature incorporated in, or attached to the work, or otherwise delivered to CITY as a part of the work pursuant to the Agreement, to be free of all defects of workmanship and materials for a period of one (1) year after initial acceptance of the entire work by CITY. DEVELOPER shall repair or replace any or all such work or material, together with all or any other work or materials which may be displaced or damaged in so doing, that may prove defective in workmanship or material within said one-year guarantee period without expense or charge of any nature whatsoever to CITY. DEVELOPER further covenants and. agrees that when defects in workmanship and materials actually appear during the one-year guarantee period, and have been corrected, the guarantee period for the defected items shall automatically be extended for an additional year from the date of the completion of the repair to insure that such defects have actually been corrected. In the event the DEVELOPER shall fail to comply with the conditions of the foregoing guarantee within thirty (30) days time, after being notified of the defect in writing, CITY shall have the right, but shall not be obligated, to repair or obtain the repair of the defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing guarantee results in a condition which constitutes an immediate hazard to the public health, safety, or welfare, CITY shall have the right to immediately repair, or cause to be repaired, such defect, and DEVELOPER shall pay to CITY on demand all costs and expense of such repair. The foregoing statement relating to hazards to health and safety shall be deemed to include either temporary or permanent repairs which may be required as determined in the sole discretion and judgment of CITY. If CITY, at its sole option, makes or causes to be made the necessary repairs or replacements or performs the necessary work, DEVELOPER shall pay, in addition to actual costs and expenses of such repair or work, fifty percent (50%) of such costs and expenses for overhead and interest at the maximum rate of interest permitted by law accruing thirty (30) days from the date of billing for such work or repairs. 6. Inspection of the Work. DEVELOPER shall guarantee free access to CITY through its City Engineer and designated representative for the safe and convenient inspection of the work throughout its construction. Said CITY representative shall have the authority to reject all materials and workmanship which are not in accordance with the plans and specifications, and all such materials and or work shall be removed promptly by DEVELOPER and replaced to the satisfaction of CITY without any expense to CITY in strict accordance with the improvement plans and specifications. 7. Agreement Assignment. This Agreement shall not be assigned by DEVELOPER without the written consent of CITY. is ~ a~ 8. Abandonment of Work. Neither DEVELOPER nor any of DEVELOPER's agents or contractors are or shall be considered to be agents of CITY in connection with the performance of DEVELOPER's obligations under this Agreement. If DEVELOPER refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extension thereof, or fails to obtain completion of said work within such time, or if DEVELOPER should be adjudged as bankrupt, or should make a general assignment for the benefit of DEVELOPER's creditors, or if a receiver should be appointed, or if DEVELOPER, or any of DEVELOPER'S contractors, subcontractors, agents or employees should violate any of the provisions of this Agreement, the CITY through its City Engineer may serve written notice on DEVELOPER and DEVELOPER'S surety or holder of other security of breach of this Agreement, or of any portion, thereof, and default of DEVELOPER. In the event of any such notice of breach of this Agreement, DEVELOPER'S surety shall have the duty to take over. and complete The Improvements herein specified; provided, however, that if the surety, within thirty (30) days after the serving upon it of such notice of breach, does not give CITY written notice of its intention to take over the performance of the contract, and does not commence performance thereof within thirty (30) days after notice to CITY of such election, CITY may take over the work and prosecute the same to completion, by contract or by any other method CITY may deem advisable, for the account and at the expense of DEVELOPER and DEVELOPER'S surety shall be liable to CITY for any damages and/or reasonable and documented excess costs occasioned by CITY thereby; and, in such event, CITY, without liability for so doing, may take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to DEVELOPER as may be on the site of the work and necessary therefor. 9. Notices. All notices herein required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. Notices required to be given to CITY shall be addressed as follows: Mark Lander, City Engineer City of Dublin 100 Civic Plaza Dublin, CA 94568 Notices required to be given to DEVELOPER shall be addressed as follows: Stanforth Holding Company, LLC c/o James Tong 4690 Chabot Drive, Suite 100 Pleasanton, CA 94588 Notices required to be given surety of DEVELOPER shall be addressed as follows: ~3 ~a~ [To be added when DEVELOPER provides the security required by Subparagraph B of Paragraph 5.] Any party or the surety may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 10. Use of Streets or Improvements. At all times prior to the final acceptance of the work by CITY, the use of any or all streets and improvements within the work to be performed under this Agreement shall be at the sole and exclusive risk of DEVELOPER. The issuance of any building or occupancy permit by CITY for dwellings located within the tract shall not be construed in any manner to constitute a partial or final acceptance or approval of any or all such improvements by CITY. DEVELOPER agrees that CITY's Building Official may withhold the issuance of building or occupancy permits when the work or its progress may substantially and/or detrimentally affect public health and safety. 11. Safety Devices. DEVELOPER shall provide and maintain such guards, watchmen, fences, barriers, regulatory signs, warning lights, and other safety devices adjacent to and on the tract site as maybe necessary to prevent accidents to the public and damage to the property. DEVELOPER shall furnish, place, and maintain such lights as may be necessary for illuminating the said fences, barriers, signs, and other safety devices. At the end of all work to be performed under this Agreement, all fences, barriers, regulatory signs, warning lights, and other safety devices (except such safety items as may be shown on the plans and included in the items of work) shall be removed from site of the work by the DEVELOPER, and the entire site left clean and orderly. 12. Acceptance of Work. Upon notice of the completion of all tract work and the delivery of a set of final as-built plans to CITY by DEVELOPER, CITY, through its City Engineer or his designated representative, shall examine the tract work without delay, and, if found to be in accordance with said plans and specifications and this Agreement, and upon submittal of a warranty bond in the amount of 25% of the estimated cost of The Improvements, shall recommend acceptance of the work to the City Council and, upon such acceptance, shall notify DEVELOPER or his designated agents of such acceptance. 13. Patent and Cop~ght Costs. In the event that said plans and specifications require the use of any material, process or publication which is subject to a duly registered patent or copyright, DEVELOPER shall be liable for, and shall indemnify CITY from any fees, costs or litigation expenses, including attorneys' fees and court costs, which may result from the use of said patented or copyrighted material, process or publication. 14. Alterations in Plans and Specifications. Any alteration or alterations made in the plans and specifications which are a part of this Agreement or any provision of this Agreement shall not operate to release any surety or sureties from l~ ~ac~ liability on any bond or bonds attached hereto and made a part hereof, and consent to make such alterations is hereby given, and the sureties to said bonds hereby waive the provisions of Section 2819 of the Civil Code of the State of California. 15. Liability. A. DEVELOPER Primarily Liable. DEVELOPER hereby warrants that the design and construction of The Improvements will not adversely affect any portion of adjacent properties and that all work will be performed in a proper manner. DEVELOPER agrees to indemnify, defend, release, and save harmless CITY, and each of its elective and appointive boards, commissions, officers agents and employees, from and against any and all loss, claims, suits, liabilities, actions, damages, or causes of action of every kind, nature and description, directly or indirectly arising from an act or omission of DEVELOPER, its employees, agents, or independent contractors in connection with DEVELOPER'S actions and obligations hereunder; provided as follows: 1) That CITY does not, and shall not, waive any rights against DEVELOPER which it may have by reason of the aforesaid hold harmless agreement, because of the acceptance by CITY, or the deposit with CITY by DEVELOPER, of any of the insurance policies described in Paragraph 4 hereof. 2) That the aforesaid hold harmless agreement by DEVELOPER shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations referred to in this paragraph, regardless of whether or not CITY has prepared, supplied, or approved of plans and/or specifications for the subdivision, or regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 3) Design Defect. If, in the opinion of the CITY, a design defect in the work of improvement becomes apparent during the course of construction, or within one (1) year following acceptance by the CITY of the improvements, and said design defect, in the opinion of the CITY, may substantially impair the public health and safety, DEVELOPER shall, upon order by the CITY, correct said design defect at his sole cost and expense, and the sureties under the Faithful Performance and Labor and Materials Bonds shall be liable to the CITY for the corrective work required. 4) Litigation Expenses. In the event that legal action is instituted by either party to this Agreement, and said action seeks damages for breach of this Agreement or seeks to specifically enforce the terms of this Agreement, and, in the event judgment is entered in said action, the prevailing party shall be entitled to recover its attorneys' fees and court costs. If CITY is the prevailing party, CITY shall also be entitled to recover its attorney's fees and costs in any action against DEVELOPER'S surety on the bonds provided under paragraph 3. 16. Recitals. The foregoing Recitals are true and correct and are made a part hereof. l.~ ~~~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement in duplicate at Dublin, California, the day and year first above written. CITY OF DUBLIN: By: Tim Sbranti, Mayor Date: ATTEST: By: Caroline Soto, City Clerk Date: Approved as to Form: DEVEL PER: Sta o Holding Company, a California limited B James Its: u ~ P~ Date: / -~ -~~ John Bakker, City Attorney ~/ '.~ r EXHIBIT "A" GRANT OF EASEMENT P:\I6034.14Vegals\16034-14mw11-2409ExhibitA•ParceIGNEPD covers.doc ~'~'~ ~' T., ~ 4. ,, n ,,. r.....,.,.., .,. a f ~1 i 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 Space above this line for Recorder's use GRANT OF EASEMENT (Negative Easement Preventing Development) Pursuant to that certain unrecorded Tract ImprovementAgreement, Parcel Map 9827, Fallon Gateway, dated December 15, 2009, and for valuable consideration, receipt of which is hereby acknowledged, Stanforth Holding Company, L.L.C., a California limited liability company ("Grantor") hereby grants to the City of Dublin, a municipal corporation ("Grantee"), a permanent negative easement giving Grantee the right to prevent development on that certain real property situated in the City of Dublin, County of Alameda, State of California, described and depicted in Exhibit A attached hereto and incorporated herein by this reference (the "Property"). Grantee's right to prevent development shall mean ability to prevent any form of development on the Property, including grading; said right shall further include the right to withhold the issuance of any permits, authorizations, or approvals for development on the Property to which the applicant for such permits, authorizations, or approvals might otherwise be entitled under California law or the Grantee's rules and regulations. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of lf/a~/ /4 ~'h` , 2009. HXHIBIT "A" i~ ~~ REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING PARCEL "C" DESCRIBED IN THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT LLA-OS-06, RECORDED DECEMBER 21, 2005, SERIES NO. 2008841611, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "C" A PORTION OF LOT 4, AS SAID LOT IS SHOWN ON THE MAP OF TRACT 7453, FILED IN BOOK 273 OF MAPS AT PAGES 52 THROUGH S6 INCLUSIVE, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A NORTHWEST CORNER OF SAID LOT 4 ON THE SOUTHERLY RIGHT OF WAY OF DUBLIN BOULEVARD, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP 8640 FILED IN BOOK 286 OF PARCEL MAPS PAGE 7, ALAMEDA COUNTY RECORDS, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 AND THE SOUTHERLY RIGHT OF WAY OF DUBLIN BOULEVARD, THE FOLLOWING 3 COURSES: 1) SOUTH 89°27'02" EAST 422.35 FEET, 2) ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 307b.00 FEET, THROUGH A CENTRAL ANGLE OF 04°87'20", FOR AN ARC DISCTANCE OF 266.08 FEET, 3) NORTH 8S°38'38" EAST 141.33 FEET, THENCE LEAVING SAID NORTHERLY LINE OF LOT 4 THE FOLLOWING THREE COURSES: 1) SOUTH 04°24'22" EAST 1.00 FEET, 2) NORTH 85°38'38" EAST 20.00 FEET, 3) ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 1477.00 FEET, THROUGH A CENTRAL ANGLE OF 28°56'82", FOR AN ARC DISTANCE OF 746.23 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE FROM SAID POINT OF BEGINNING THE FOLLOWING EIGHT COURSES: l) CONTINUING ALONG SAID TANGENT CURVE TO THE LEFT WITH A RADIUS OF 1477.00 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 33°21' 14" WEST, THROUGH A CENTRAL ANGLE OF 03°28'48", FOR AN ARC DISTANCE OF 89.71 FEET, 2) NORTH S3°09'88" EAST 292.64 FEET, 3) ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 1123.00 FEET, THROUGH AN CENTRAL ANGLE OF 08°27'34", FOR AN ARC DISTANCE OF 165.81 FEET TO A POINT OF COMPOUND CURVATURE, 4) ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 357.00 FEET, THROUGH AN CENTRAL ANGLE OF 19°08'48", FOR AN ARC DISTANCE OF 118.99 FEET TO A POINT OF REVERSE CURVATURE, S) ALONG A CURVE TO THE LEFT WITH A RADIUS OF 393.00 FEET, THROUGH AN CENTRAL ANGLE OF 09°39'00", FOR AN ARC DISTANCE OF 66.19 FEET TO A POINT OF REVERSE CURVATURE, 6) ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1 102.00 FEET, THROUGH AN CENTRAL ANGLE OF l9°12'40", FOR AN ARC DISTANCE OF 369.50, 7) SOUTH 80°26'81"EAST 34.88 FEET, 8) SOUTH 00°26'33" WEST 1082.78 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 4, THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 4 THE FOLLOWING FOUR COURSES: 1) SOUTH 00°26'33" WEST 309.24 FEET, 2) SOUTH SO°39'32" WEST 180.68 FEET, 3) ALONG ANON-TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 950.11 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 39°16'89" WEST, THROUGH A CENTRAL ANGLE OF 39°38'21", FOR AN ARC DISTANCE OF 656.49 FEET, 4) NORTH 89°41'38" WEST 212.97 FEET, THENCE LEAVING SAID SOUTHERLY LINE OF LOT 4 AND ENTERING SAID LOT 4, NORTH O1°56'07" WEST 1282.85 FEET TO THE POINT OF BEGINNING. APN 985-0027-009-03 P'.\16034-I4Uegals\16034-14mwll ~4-09ExhibilA-ParcclC-NEPD.doc ~~ ~ a~ STATE OF CALIFORNIA ) COUNTY OF /~- L /}M ~~~ ~ ) On N c~V I S a-~ 9 before me, 1~~}-P,R l- • r/5 ~ ~ e.l oS ~- , Notary Public, personally appeared .'~ ~j-Y)~=5 77~N C~ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. S my hand and official seal. Signature of Notary DARA L. ESPINOSA Commission # 1622921 -m' Notary Public - Callforn(a ~ Alameda County MY Comm. Expires Nov 19, 2009 r (Seal) NY #1260886 V3 ao aP aG .Y CERTIFICATE OF ACCEPTANCE: This is to certify that the interest in real property conveyed by this Deed or Grant, dated December , 2009, from Stanforth Holding company, LLC, a~California Limited Liability Company for a Grant Deed for a Negative Easement Preventing Development (over, under, and across Parcel "C" per LLA-OS-06) to the City of Dublin, a governmental agency, is hereby accepted by Mark Lander, City Engineer, on behalf of the Dublin City Council pursuant to authority conferred by Resolution No. 24-87 of the Dublin City Council, adopted on April 13, 1987, and the grantee consents to recordation thereof by its duly authorized officer. DATED: Mark Lander, City Engineer Bv: 2009 City of Dublin 100 Civic Plaza Dublin, California 94568 P:116034-14\legals\t b034-14mw11-25-09Certificate of Acceptance.doc ai ~~c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss County of Alameda On before me, ,Notary Public, 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL sThough the information below is not required by law, it may prove valuable to persons relying on the document and could prevent .':fraudulent removal and reattachment of this form to another document. ;Description of attached document: or Type of Document: Document Date: 5 ;Signers other than named above: _ Capacity(ies) claimed by signer i Signer's Name #Signer is Representing: ^ Individual ^ Corporate Officer -Title(s): ^ Partner- ^ Limited ^ General ^ Attorney-in-Fact f ^ Trustee ^ Guardian or Conservator ^ Other: Number of Pages: Top of thumb here aa:~~~t~ EXHIBIT "B" RELEA-.SE AND RECONVEYANCE P:116034-14Vegals\ 16034-14mw 1144-09ExhihitA-ParcelC-NEPD covers.doc EXHIBIT ~ a9~v~ 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 Space above this line for Recorder's use RELEASE AND RECONVEYANCE WHEREAS, the City of Dublin, a municipal corporation (the "Grantee") caused to be recorded in the Official Records of Alameda County that certain Grant of Easement (Negative Easement Preventing Development) (the "Easement") dated and recorded on , as Instrument No. and affecting the real property described in the attached Exhibit A (the "Property"). Capitalized terms used but not defined herein shall have the meaning ascribed to such terms in the Easement; and WHEREAS, the City received the Easement as security for the performance of certain obligations by Grantor pursuant to that certain unrecorded Tract Improvement Agreement, Parcel 9827, Fallon Gateway, dated (the "Improvement Agreement"), and Improvement Agreement required the City to reconvey the Easement to Grantor and/or its successors upon the satisfaction of those obligations or the provision of substitute security; and WHEREAS, either Grantor has satisfied the obligations pursuant to the Improvement Agreement or has provided substitute security, and the City wishes to release and reconvey to the person or persons legally entitled to the Property all rights and interests of the Grantee in the Property created pursuant to the Easement. NOW THEREFORE, the City hereby: (i) reconveys to the person or persons legally entitled thereto, without warranty, all the estate, title and interest acquired by City in the Property under the Easement; and (ii) authorizes the recordation of this instrument in the Official Records of Alameda County. Dated: CITY, City of Dublin, a municipal corporation By: City Manager SIGNATURE MUST BE NOTARIZED. 1328203.1 a5 Via` CALIFORNIA ALL-PURPOSE ACKNOWLEDGIIAESVT State of California County of Alameda ss On before me, ,Notary Public, 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 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent ':fraudulent removal and reattachment of this form to another document. Description of attached document: ?Title or Type of Document: Document Date: Signers other than named above: Capacity(ies) claimed by signer Signer's Name, Signer is Representing: ^ Individual ^ Corporate Officer -Title(s): ^ Partner - ^ Limited ^ General ^ Attorney-in-Fact ^ Trustee ^ Guardian or Conservator ^ Other: r Top of thumb here Number of Pages: EXHIBIT "A" ~~ l~ ~" REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA, BEING PARCEL "C" DESCRIBED IN THE CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT LLA-OS-06, RECORDED DECEMBER 21, 2005, SERIES NO. 2005541611, OFFICIAL RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL "C" A PORTION OF LOT 4, AS SAID LOT IS SHOWN ON THE MAP OF TRACT 7453, FILED IN BOOK 273 OF MAPS AT PAGES S2 THROUGH Sb INCLUSIVE, ALAMEDA COUNTY RECORDS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A NORTHWEST CORNER OF SAID LOT 4 ON THE SOUTHERLY RIGHT OF WAY OF DUBLIN BOULEVARD, SAID POINT ALSO BEING THE NORTHEAST CORNER OF PARCEL 2 OF PARCEL MAP 8640 FILED IN BOOK 286 OF PARCEL MAPS PAGE 7, ALAMEDA COUNTY RECORDS, THENCE ALONG THE NORTHERLY LINE OF SAID LOT 4 AND THE SOUTHERLY RIGHT OF WAY OF DUBLIN BOULEVARD, THE FOLLOWING 3 COURSES: 1) SOUTH 89°27'02" EAST 422.35 FEET, 2) ALONG A TANGENT CURVE TO THE LEFT WITH A RADIUS OF 3076.00 FEET, THROUGH A CENTRAL ANGLE OF 04°87'20", FOR AN ARC DISCTANCE OF 266.05 FEET, 3) NORTH 85°38'38" EAST 141.33 FEET, THENCE LEAVING SAID NORTHERLY LINE OF LOT 4 THE FOLLOWING THREE COURSES: 1) SOUTH 04°24'22" EAST 1.00 FEET, 2) NORTH 85°38'38" EAST 20.00 FEET, 3) ALONG A TANGENT CURVE TO THE LEFT W[TH A RADIUS OF 1477.00 FEET, THROUGH A CENTRAL ANGLE OF 28°56'52", FOR AN ARC DISTANCE OF 746.23 FEET TO THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE FROM SAID POINT OF BEGINNING THE FOLLOWING EIGHT COURSES: 1) CONTINUING ALONG SAID TANGENT CURVE TO THE LEFT WITH A RADIUS OF 1477.00 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 33°21'14" WEST, THROUGH A CENTRAL ANGLE OF 03°28'48", FOR AN ARC DISTANCE OF 89.71 FEET, 2) NORTH S3°09'88" EAST 292.b4 FEET, 3) ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 1123.00 FEET, THROUGH AN CENTRAL ANGLE OF 08°27'34", FOR AN ARC DISTANCE OF 165.81 FEET TO A POINT OF COMPOUND CURVATURE, 4) ALONG A TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 357.00 FEET, THROUGH AN CENTRAL ANGLE OF 19°05'48", FOR AN ARC DISTANCE OF 118.99 FEET TO A POINT OF REVERSE CURVATURE, S) ALONG A CURVE TO THE LEFT WITH A RADIUS OF 393.00 FEET, THROUGH AN CENTRAL ANGLE OF 09°39'00", FOR AN ARC DISTANCE OF 66.19 FEET TO A POINT OF REVERSE CURVATURE, 6) ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1102.00 FEET, THROUGH AN CENTRAL ANGLE OF 19°12'40", FOR AN ARC DISTANCE OF 369.50, 7) SOUTH SO°26'S 1" EAST 34.88 FEET, 8) SOUTH 00°26'33" WEST 1052.78 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 4, THENCE ALONG THE EASTERLY AND SOUTHERLY LINES OF SAID LOT 4 THE FOLLOWING FOUR COURSES: 1) SOUTH 006'33" WEST 309.24 FEET, 2) SOUTH 50°39'32" WEST 180.68 FEET, 3) ALONG ANON-TANGENT CURVE TO THE RIGHT WITH A RADIUS OF 950. l 1 FEET, FROM WHICH THE RADIUS POINT BEARS NORTH 39°16'89" WEST, THROUGH A CENTRAL ANGLE OF 39°38'21", FOR AN ARC DISTANCE OF 656.49 FEET, 4) NORTH 89°41'38" WEST 212.97 FEET, THENCE LEAVING SAID SOUTHERLY LINE OF LOT 4 AND ENTERING SAID LOT 4, NORTH O1°86'07" WEST 1282.85 FEET TO THE POINT OF BEGINNING. APN 985-0027-009-03 P:\ 16034-14\legals\ 16034-14mw 1 I -?4-09ExhibitA-ParcelC •NEPD. doc