HomeMy WebLinkAbout8.1 MAD 97-1 DeedAssessment C ' Y CLERK
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FILE # V d C2 -4 0
CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE SEPTEMBER 17, 1996
SUBJECT: Agreement with County of Alameda for Collection of Deed
Assessments (Report prepared by Elizabeth H. Silver, City
Attorney)
EXHIBITS ATTACHED: 1) Draft Declaration of Conditions, Covenants and
Restrictions
2) Agreement Between City of Dublin and County of
Alameda for Collection of Deed Assessments
3) Resolution Authorizing City Manager to Execute
Agreement for Collection of Deed Assessments
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RECOMMENDATION: Adopt resolution authorizing City Manager to execute agreement
`t V for collection of deed assessments.
FINANCIAL
STATEMENT: The cost for the County to collect the deed assessments (1.7%)has
been included in the amount of the deed assessment.
DESCRIPTION:
_ The Council has adopted a Resolution of Intention to form Landscape Maintenance
Assessment District 97-1 (Santa Rita Area)to fund street landscaping and utility costs and creek
maintenance for the Santa Rita development area. The Council will consider adoption of a
Resolution Ordering Improvements and Formation of the District and Approval of Final
Engineer's Report and Confirming the Assessment and Diagram at its October 1, 1996 meeting.
The Development Agreement between the City,the Surplus Property Authority and
Kaufman&Broad requires the Surplus Property Authority to take actions to assure that the cost
of maintenance of street and creek landscaping is paid by individual property owners. The
formation of the assessment district will assure that such costs are paid by individual property
owners if assessments are levied each year. However, it is possible for a variety of reasons that
the annual assessment may not be levied in one or more years. Staff has suggested, and the
Surplus Property Authority has agreed to record a Declaration of Conditions, Covenants and
Restrictions (Exhibit 1) which imposes a"Deed Assessment" on each parcel in an amount equal
to the amount of the Landscape Maintenance Assessment to assure that the individual property
owners pay such costs. The Surplus Property Authority will record the CC&R's in late '/
1 O[�1'
ITEM NO.
September,prior to conveyance by it of the first parcel. All the Santa Rita property will then be
subject to the obligation to pay the City a Deed Assessment in an amount equal to the amount of
the Landscape Maintenance Assessment,which obligation will be "triggered" only if the
Landscape Maintenance Assessment is not levied in one or more years.
The CC&R's also contemplate that the Deed Assessment will be collected by the County
along with property taxes. The County is willing to collect the Deed Assessment if it is
"triggered," provided the County is reimbursed its costs of.collection. The proposed Agreement
(Exhibit 2) would set forth the terms for such collection and establish the amount of the fee to be
paid to the County (1.7%).
Staff recommends that the Council adopt the resolution (Exhibit 3) approving the
agreement with the County for collection of Deed Assessments and authorizing the City Manager
to execute the agreement.
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Recording Requested by:
Surplus Property Authority of
Alameda County
Attn: Patrick Cashman
When Recorded Mail To:
224 W. Winton Avenue _
Rm. 151
Hayward, CA 94544
Space above this line for Recorder's Use
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made this day of
1996, by the Surplus Property Authority of Alameda County, a public corporation
(hereafter "Authority"), is made with reference to the following facts:
A. Authority is the owner of certain real property located in the City of
Dublin, County of Alameda, State of California, more particularly described in
Exhibit A (hereafter referred to as "The Property").
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B. Authority intends to divide The Property by means of one or more parcel
maps and/or final subdivision maps and, thereafter, to sell all or portions of The
Property to other persons for the purpose of development of The Property in
accordance with the General Plan of the City of Dublin, the Eastern Dublin Specific
Plan and this Declaration which, together and as amended, constitute the general
1 September 5, 1996
EXHIBIT 1
plan for the common benefit of The Property for the purpose of enhancing and
perfecting the desirability and attractiveness of The Property.
C. Portions of The Property will be dedicated to the City of Dublin for public
streets on parcel or final subdivision maps. The Eastern Dublin Specific Plan calls for
the installation of landscaping along certain streets by developers of The Property.
Authority recognizes that such landscaping will benefit The Property as it is
developed in that it will provide attractive public streets throughout The Property.
D. The Eastern Dublin Specific Plan and other plans adopted by the City of
Dublin call for improvements to Tassajara Creek, which runs through The Property,
to be installed by developers of The Property. Authority recognizes that such creek
improvements will benefit The Property as it is developed.
E. The Eastern Dublin Specific Plan provides that the owners of The Property
will pay for the maintenance of the street landscaping and Tassajara Creek
landscaping.
F. Authority, in recognition of the aesthetic value that street and creek
landscaping has on the value of The Property, has petitioned the City of Dublin for
formation of a Landscape and Lighting Maintenance Assessment District and
imposition of an annual assessment on The Property to pay for the costs of
maintenance of the street and creek landscaping.
G. The purpose of this Declaration is (1) to establish a common plan for The
Property which includes attractive street and creek landscaping, both of which benefit
The Property and (2) to assure that the landscaping is maintained in a healthy
2 September 5, 1996
manner.
H. This Declaration is intended to be a covenant running with the land
pursuant to Civil Code section 1468 and to constitute an equitable servitude.
NOW, THEREFORE,Authority hereby declares that The Property, and each
parcel subsequently created by parcel map or final subdivision map, shall be held,
sold, leased, mortgaged, encumbered, rented, used, occupied, improved and conveyed
subject to this Declaration which is imposed as equitable servitutes pursuant to a
general plan for the development of The Property for the purpose of enhancing and
protecting the value and desirability of The Property and every part thereof, and
which shall run with The Property and be binding on all of the owners thereof and
their successors and assigns and on all persons having or acquiring any right, title or
interest in or to The Property or any part thereof, their heirs, successors and assigns
-; and shall inure to the benefit of each owner thereof.
• ARTICLE I
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1.1 "Assessment" shall mean that portion of the cost of maintenance of the
street landscaping and creek landscaping which is to be paid by The Property or any
portion of it following division of The Property by final subdivision map or parcel
map.
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1.2 "City" shall mean the City of Dublin, located in the County of Alameda,
State of California.
1.3 "Cost of Living" shall mean the annual percentage increase in the Bay
Area Urban Wage Earner Price Index for all costs except water and electricity; for
3 September 5, 1996
.3
water and electricity, "cost of living" shall mean the actual increase in the cost of
water and electricity. If the Bay Area Urban Wage Earner Index is unavailable or
deemed by City to be inappropriate, a comparable consumer price index, as approved
by the City Council, shall be used to replace the Bay Area Urban Wage Earner Index.
1.4 "Creek Landscaping" shall mean all improvements installed by
developers of The Property or any portion thereof in the locations and as described in
Exhibit B, attached hereto.
1.5 "Declaration" shall mean this Declaration, as amended from time to
time.
1.6 "Developable Acre" shall mean the 447.6 acres of The Property which
will be developed by Owner as part of the Project.
. 1.7 "Landscape Parcels"shall mean the parcels of land dedicated to City on
a parcel map or final subdivision map for maintenance of Creek Landscaping and/or
Street Landscaping, whether in fee or easement.
1.8 "Owner" shall mean the record owner, whether one or more persons or
entities, of the fee simple title to The Property or any portion of it following division
of The Property by final subdivision or parcel map.
1.9 "Project" shall mean the development of The Property in accordance
with the City of Dublin's General Plan and Eastern Dublin Specific Plan.
1.10 The "Property" shall mean the real property located in the City of
Dublin, County of Alameda State of California owned by Authority described in
4 September 5, 1996
V
,
• •
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- Exhibit A attached hereto and incorporated herein.
1.11 "Street Landscaping" shall mean all improvements installed by developers
of The Property or any portion thereof in the locations and as described in Exhibit B,
attached hereto.
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ARTICLE II
2.1 Deed Assessment
The Authority hereby covenants, and each subsequent Owner of any portion of
The Properly by acceptance of a deed therefor, whether or not it shall be so expressed in
such deed, covenants and agrees to pay to City, or its duly authorized collection agent,
an annual "Deed Assessment" for the purpose of defraying the annual cost to City to
maintain the Strcct Landscaping and Crcck Landscaping.
2.2 Maximum Amount of Assessment
The Deed Assessment shall be in the maximum amount per Developable Acre of
$710, plus the increase in such amount attributable to the Cost of Living from July 1,
1998 to July 1, 1999 and,thereafter, from July 1 to July 1 of each year.
2.3 Calculation of Annual Assessment
The Deed Assessment shall be calculated on a per Developable Acre basis in the
manner set forth in Exhibit C.
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5 September 5, 1996
5 •
2.4 Landscape and Lighting Assessment Reduction
In the event that an assessment is imposed by City on The Property or any
portion thereof pursuant to the Landscaping and Lighting Act of 1972 (Streets and
Highways Code §22500, et seq.) or any successor statute for maintenance of the
Creek Landscaping and Street Landscaping, the Deed Assessment referred to in
Paragraph 2.1 shall be reduced for that year by the amount of such Landscaping and
Lighting Act assessment.
2.5 Date of Commencement of Assessments and Due Dates
The Deed Assessment provided for herein shall be effective on July 1, 1 997
and shall continue in effect for each fiscal year thereafter until City records a notice
canceling the Deed Assessment. The Deed Assessment shall be due and payable to
City no later than April 10, 1998 for the first fiscal year and April 10 of each
succeeding fiscal year.
2.6 Collection of Assessment with Taxes
Declarant anticipates that City will collect the Deed Assessment by agreement
with the County of Alameda for collection along with property taxes. If the Deed
Assessment is not paid at the times and in the manner required for property taxes,
Declarant covenants and each subsequent Owner of any portion of The Property by
acceptance of a deed thereof, whether or not it shall be so expressed in such deed,
covenants to pay to City a penalty and interest on such delinquent Deed Assessment
in the amount of penalties and interest for delinquent property taxes.
6 September 5, 1996
2.7 Personal Obligation
If Declarant, or its successors in interest to the Property or any portion of it,
does not pay the Assessment when due, City may enforce such obligation by any
means available to it at law or in equity against Declarant and/or its successors in
interest to.the Property or any portion of it. City's right of enforcement is in
addition to whatever rights are held by Declarant and its successors. Declarant, on
behalf of itself and its successors, covenants to pay City its attorneys' fees if City is
required to bring legal action to collect the Deed Assessment, together with simple
interest at the rate of 5% per annum on all delinquent Assessment amounts.
2.8 Termination
The Assessment will terminate if Landscape Parcels are no longer owned by
City.
ARTICLE III
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3.1 Term
Unless earlier terminated pursuant to Paragraph 2.8, the covenants and
restrictions of this Declaration shall run with and bind The Property and shall inure
to the benefits of and shall be enforceable by City and by any owner of The Property
or any portion thereof subject to this Declaration, their respective heirs, successors
and assigns, for a term of thirty (30) years from the date this Declaration is recorded,
after which time they shall be automatically extended for successive periods of ten
(10) years, unless an instrument in writing, signed by a majority of the then owners
of The Property on developable acreage basis, and signed by a duly authorized
7 September 5, 1996
representative of City, has been recorded within the year preceding the beginning of
each successive period of ten years, agreeing to change said covenants and restrictions
in whole or in part, or to terminate the same.
3.2 Amendments
This Declaration may be amended only by the affirmative vote (in person or
proxy) or written consent of Owners owning a majority of The Property on
developable acreage basis, provided, however, any amendment must also be approved.
by City, must be in writing and must be recorded.
3.3 Rights of First Lenders
No breach of any of the covenants, conditions and restrictions contained
herein shall render invalid the lien of any first mortgage (meaning a deed of trust
with first priority over any other deed of trust) on The Property made in good faith
for value, but all of said covenants, conditions and restrictions shall be binding upon
•
and effective against any Owner whose title is derived through foreclosure at a
trustee's sale.
IN WITNESS WHEREOF, the undersigned has executed this Declaration this
_ day of , 1996.
SURPLUS PROPERTY AUTHORITY OF THE COUNTY OF ALAMEDA
By: Date:
Its:
J:\WPD\MNRSw\114\AGREE\CCR905
8 September 5, 1996
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State of California )
) ss.
County of Alameda )
On before me, a Notary Public,
personally appeared
personally known to me (or 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.
• - WITNESS my hand and official seal. •
NOTARY PUBLIC •
9 September 5, 1996
EXHIBIT "A"
• District No. 97-1 Page 1 of 2
City of Dublin •
County of Alameda
State of California
APN 986-1-1-10 (Portion)
Legal Description
Landscape Maintenance Assessment District No. 97-1
(Santa Rita Area)
Real property situate in the.City of Dublin, County of Alameda, State of California; being a
portion of Parcel 1 as said Parcel 1 is described in the Deed recorded at Reel 2439 at Image 213
in said County; described as follows:
Beginning at the southwest corner of said Parcel 1; thence along the westerly line of said Parcel
1,N.01°23'35"E., 4383.52 feet; thence leaving said westerly line S.88°13'36"E., 3118.91 feet to a
curve to the right having, a radius of 600.00 feet, a delta of 33°16'45"; thence along said curve an
arc length of 348.50 feet; thence S.54°56'51"E., 395.53 feet to curve to the left having a radius of
600.00 feet, a delta of 33°49'39"; thence along said curve an arc length of 354.24 feet;thence
S.88°46'30"E., 59.37 feet; thence N.21°26'27"E., 258.08 feet; thence N.62°20'41"E., 362.23 feet;
thence N.52°16'37"E., 142.95 feet; thence N.56°15'48"E., 310.41 feet to the easterly line of said
Parcel 1; thence along said easterly line S.01°13'25"W., 194.37 feet; thence S.88°12'35"E.,
1191.77 feet;thence S.01°13'15"W., 2574.84 feet; thence N.88°47111"W.,416.99 feet;,thence
S.01°13'15"W.,449.95 feet; thence S.88°46'45"E., 399.99 feet; thence S.01°13'15"W., 409.06
feet; thence leaving said easterly line N.88°46'45"W., 30.79 feet; thence S.01°13'15"W., 326.35
feet;thence S.5°48'34"W., 271.22 feet to a curve to the right having a radius of 352.03 feet, a
delta of 82°19'55";thence along said curve an arc length of 505.85 feet; thence S.88°33'23"W ,
502.72 feet; thence S.74°29'14"W., 91.33 feet; thence N.89°38'09"W., 813.39 feet;thence
N.88°30'23"W., 190.46 feet; thence N.88°52'01"W., 351.73 feet; thence N.88°48'14"W., 158.39
feet; thence N.87°53'14"W., 500.11 feet; thence N.88°48'14"W.,109.17 feet; thence
N.83 55 45 t1 W.. 774.73 feet to a curve to the right having a radius of 300.03 feet, a delta of
46°08'45";thence along said curve an arc length of 241.64 feet; thence N.37°47'00"W., 124.54
feet a curve to the left having a radius of 389.04 feet, a delta of 51°01'09"; thence along said
curve an arc length of 346.42 feet; thence N.88°48'09"W.. 5.93 feet to a curve to the right having
a radius of 15.00 feet, a delta of 90°00'00"; thence along said curve an arc length of 23.56 feet;
thence N.01°11'51"E.. 366.18 feet; thence N.87°51'l 1"W., 178.04 feet; thence S.08°41'51"W.,
306.98 feet; thence S.39°52'47"E.. 22.58 feet; thence S.08°41'40"W., 128.06 feet to a curve to
the right having a radius of 352.03 feet, a delta of 49°53'50";thence along said curve an arc
length of 306.57 feet to a compound curve having a radius of 200.02 feet, a delta of 24°58'14";
District No. 97-1 Page 2 of 2
City of Dublin
County of Alameda
State of California
APN 986-1-1-10 (Portion)
thence along said curve an arc length of 87.17 feet to a compound curve having ence
2937.29 feet, a delta of 3°40'41";thence along said curve an arc length of 188.56 feet; thence
S.87°4 1'26"W.,448.55 feet; thence S.86°22'10"W., 310.74 feet;
thence N.88°48'14"W., 178.75
feet;thence N.88°26'44"W., 66.11 feet to the Point of Beginning.
Containing: 593.76 Acres±
cs<,,
7 v V 'v
;L L. No. 5186
Charles F. Sellman L.S. 5186
'slr EXPIRES 6-3U-99
slit OF C AtAF
Dated
•
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• File:961074.10
Date: August 30, 1996 Print Date:August 30, 1996
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EXHIBIT B
The Improvements are described as follows:
The maintenance and repair of landscaped and open space areas,
entry features, entry lighting, masonry soundwalls, wrought iron
fences, publicly-owned drainage ditches, irrigation systems, trees
and plantings, furnishing of water and power for irrigation systems,
together with all appurtenant and incidental expenses for the
following areas:
1. The northerly and southerly street frontages for Dublin
Boulevard from Sebille Road (Arnold Road) to Tassajara Road.
2. The northerly and southerly street frontages for the "transit
spine" from Sebille Road (Arnold Road) to Tassajara Road excluding the future
school frontage landscaping.
3. The southerly street frontage for Gleason Drive from Sebille
Road (Arnold Road) to Tassajara Road and the northerly street frontage for
Gleason Drive from Tassajara Creek to Tassajara Road.
4. The easterly street frontage for Sebille Road (Arnold Road)
from Dublin Boulevard to Gleason Drive.
5. The easterly and westerly street frontages for Hacienda Drive
from the I-580/Hacienda interchange to Gleason Drive.
6. The westerly street frontage of Tassajara Road 350 feet
southerly of Tassajara Road and Dublin Boulevard intersection to 450' northerly
of the Gleason Drive and Tassajara Road intersection.
7. Tassajara Creek and trail from 1-580 to the northerly property
boundary of the Alameda County Surplus Property Authority property (APN 946-
15-1-10).
Page 1 of 2
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LEGEND • �` ChSCh and
® CREEK LANDSCAPING EXHIBIT B 1AsSocle*tes
el STREET LANDSCAPING _ ui '?Ens'nor:r:
eeol owflls onlvt Su1rt tss IttASAr+lal.c11 s+see
”— BOUNDARY OF THE PROPERTY o�ItI Aucust �, 1998 J00 110.: 961069
PAGE 2 OF 2 rno11[ (s1o)m-Noo • M1t(s+o) 77)
g1[[1 IOr 7
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EXHIBIT C
CALCULATION OF DEED ASSESSMENTS
The maximum developed acre deed assessment will be $710 per year, based on
a total of 389,400 square footage of Street Landscaping and a total of 957,000
square footage of Creek Landscaping and 447.6 acres of developed property at
buildout of The Property.
The cost of Street Landscaping and Creek Landscaping (hereinafter the
"Improvements") will be divided equally among the total number of developed
properties within the boundaries of The Property on a per acre basis.
"Developed acres" shall include property which has a recorded final map or
parcel map as of July 1st of each year.
Each year the City Council shall determine the deed assessment for that year
based on the following:
1. Actual square footage of installed Improvements ("I") relative to the
total amount of square footage of Improvements.
2. Cost of maintenance of installed Improvements ("M").
3. Total amount of developed acres ("A").
•
4. The annual deed assessment for the developed acres for that year("1"
x "M") shall be spread on a per-acre basis ("I" x "M "A") based on
the following:
A. Commercial developed area, per acre basis.
B. Single-family residential area, per acre basis.
C. Multi family residential area, per acre basis.
5. The single-family and multi-family residential area per acre deed
assessment will be spread on a per lot basis based on the number of
lots on the final map or parcel map for each particular development.
6. If the deed assessment in any year would exceed $710 per acre, the
amount in excess of$710 shall be assessed to the remaining
undeveloped acres of The Property on a per acre basis, subject to the
maximum developed acre amount.
/`/ Page 1 of 4
7. The maximum developed acre deed assessment of $710 per year will
be increased annually by the percentage increase in the Bay area
Urban Wage Earner Price Index (applies to all costs except water and
electricity), plus any actual increase in the cost for water and
electricity.
8. If the square footage cost of the Improvements will be less than the
amount set forth herein (after adjustment in accordance with
Paragraph 7), the deed assessment shall be reduced proportionately
to reflect the reduced cost of Improvements in that year.
The following is an example calculation for a first year and second year deed
assessment scenarios:
SAMPLE ASSESSMENT CALCULATIONS
1. FIRST YEAR
A. ASSUMPTIONS
Constructed Landscape Area; 50,000 s.f.
Constructed Creek Area: 0 s.f.
Maintenance Cost per Square Foot $0.30
Developed Area: 15 Acres Subdivision "A",
100 single-family detached lots
5 Acres Subdivision "B"
70 multi-family lots
20 Acres Commercial
40 Acres Total
B. DEED ASSESSMENT CALCULATION:
Total Landscape Maintenance Cost=$0.30 x 50,000 S.F.=$15,000
Deed Assessment per Developed Acre=$15;000140 Acres=$375 per acre
Subdivision "A" Deed Assessment=l5 Acres x$375lAcre=$5,625
Subdivision "A" Deed Assessment per lot=$5,625/100 456.25 per lot
Subdivision "B" Deed Assessment=s Acres x $375lAcre=$1,875
Subdivision "B" Deed Assessment per unit=$1,875/70 lot=$26.79 per lot
Commercial Deed Assessment=20 Acres x $375.00 per acre = $7,500
Undeveloped Property Deed Assessment=$0 per acre
Page 2 of 4
/5
2. SECOND YEAR
A. ASSUMPTIONS:
Constructed Landscape Area 70,000 SF
Constructed Creek Area: 400,000 S.F.
Maintenance Cost per Square Foot
for landscaped area $0.309
Maintenance Cost per Square Foot
for creek area $0.0824
Developed Area: 15 Acres (Subdivision "A"
100 Single-Family
Detached Lots
5 Acres (Subdivision "B")
70 Multi-Family Lots)
8 Acres (Subdivision "C"
64 Single-Family Lots
7 Acres (Subdivision "D"
140 Multi-Family Lots
20 Acres Commercial
55 Acres Total
Undeveloped Area 392.6 Acres
Cost of Living Increase: 3% Over Year One
Water Cost Increase 3% Over Year One
Electrical Cost Increase 3% Over Year One
B. DEED ASSESSMENT CALCULATION:
Maximum Allowable Deed Assessment=Year One Maximum Deed _
Assessment+ Electrical, Water, & Cost of Living Increases
=$710.00 + $21.30=$731.30/Acre
Total Max. Allowable Deed Assessment=Max. Deed Assessment x
Devel. Acres =$731.30/Acre x 55 Acres=$40,221.50
Maintenance Cost=Landscape Area Cost+ Creek Cost
=70,000 x $0.309 + 400,000 x $0.0824=$54,590
Undeveloped Property Deed Assessment=Maintenance Cost- Max.
Allow. Deed Assessment=$54,590- $40,221.50=$14,368.50
Undeveloped Property Deed Assessment Per
Acre=$14,368.50/392.6 Acres =$36.60/Acre
Page 3 of 4
i/0
`
Deed Assessment per Developed Acre=Max. Deed
Assessment=$731.30 per Acre
Subdivision "A" Deed Assessment=l5 Acres x $731.30/
Acre=$10,969.50
Subdivision "A" Deed Assessment per Lot=$10,969.50/100=$109.70
per Lot
Subdivision "B" Deed Assessment=5 Acres x $731.30/
Acre=$3,656.50
Subdivision "B" Deed Assessment per Lot=$3,656.50170=$52.24
per Lot
Subdivision "C" Deed Assessment= 8 Acres x $731.301
Acre=$5,850.40
Subdivision "C" Deed Assessment per Lot=$ 5,850.40/64=$91.41
per Lot
Subdivision "D" Deed Assessment= 7 Acres x $731.30!
Acre=$5,119.10
Subdivision "D" Deed Assessment per Lot=$ 5,119.10!140=$36.57
per Lot
Commercial Assessment= 20 Acres x$731.30/Acre = $14,626
Page 4 of 4
/ 7
AGREEMENT BETWEEN CITY OF DUBLIN
AND COUNTY OF ALAMEDA FOR
COLLECTION OF DEED ASSESSMENTS
This Agreement is made and entered into this day of
1996, by and between the County of Alameda, a political subdivision of the State of
California, hereinafter referred to as "County" and the City of Dublin, a municipal
corporation of the State of California, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, Government Code Sections 29304 and 51800 authorize the County
to recoup its collection costs when the County collects taxes or assessments for any
• city, zone or improvement district thereof; and
WHEREAS, when requested by City, it is in the public interest that the County
collect on the County tax rolls the special taxes and assessments for City.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto as
follows:
1 . County agrees, when requested by City as hereinafter provided, or as
required by law, to collect on the County tax rolls the assessments (referred to herein
as "Deed Assessments") in favor of City created and established by "Conditions,
Covenants, and Restrictions" recorded in the Official Records of Alameda County on
, as Instrument No. , against the
1 September 5,1996
/7- EXHIBIT 2
property within the City of Dublin, County of Alameda described in Exhibit A, attached
hereto and incorporated herein', (including future parcels created by the division or
subdivision of such land).
2. City agrees to notify the Auditor-Controller of the County on or before the
10th day of August of each fiscal year of the Assessor's parcel numbers and the
amount of each Deed Assessment to be so collected for each fiscal year in which
County is to collect City's Deed Assessments.
3. County may withhold the sum of 1 .7% of the amount of each Deed
Assessment that is to be collected on the County tax rolls by the County for the City
as payment for County's cost of collection.
4. City hereby releases and forever discharges County and its officers,
agents and employees from any and all claims, demands, liability, costs and expenses,
damages, causes of action, and judgments, in any manner arising out of City's
responsibilities under this Agreement, or other action taken by City in establishing a
Deed Assessment and implementing collection of Deed Assessments as contemplated
in this Agreement.
5. ' City agrees to and shall defend,indemnify and save_harmless County and
its officers, agents and employees from any and all claims, demands, liability, costs,
expenses, damages, causes of action, and judgments, in any manner arising out of
City's responsibilities under this Agreement, or other action taken by City in
establishing Deed Assessments and implementing collection of Deed Assessments as
contemplated in this Agreement.
2 September 5,1996
19
6. City agrees that its officers, agents and employees will cooperate with
County by answering inquiries made to County by any person concerning City's Deed
Assessments.
7. City shall not assign or transfer this Agreement or any interest herein and
any such assignment or transfer or attempted assignment or transfer of this
Agreement or any interest herein by City shall be void and shall immediately and
automatically terminate this Agreement.
8. This Agreement shall be effective for the 1996 - 97 fiscal year and shall
be automatically renewed for each fiscal year thereafter unless terminated as
hereinafter provided.
9. Either party may terminate this Agreement for any reason for any ensuing
fiscal year by giving written notice thereof to the other party prior to February 1st of
the preceding fiscal year.
• 10. County's waiver of breach of any one term, covenant, or other provision
of this Agreement is not a waiver of breach of any other term, nor subsequent breach
of the term or provision waived.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of
the day and year first written above.
CITY OF DUBLIN
Richard Ambrose
City Manager
3 September 5, 1996
Attest:
Kay Keck
City Clerk
Approved as to form:
Elizabeth H. Silver
City Attorney
COUNTY OF ALAMEDA
Gail Steele
President, Board of
Supervisors
Attest:
County Clerk
Approved as to form:
County Counsel
J:\W PD\MNRSW\114\AGREE\ASSESSMN.DED
4 September 5, 1996
01 f
O''
EXHIBIT "A" .
District No. 97-1 Page 1 of 2
City of Dublin
County of Alameda
State of California
APN 986-1-1-10 (Portion)
Legal Description
Landscape Maintenance Assessment District No. 97-1
(Santa Rita Area)
Real property situate in the.City of Dublin, County of Alameda, State of California; being a
portion of Parcel 1 as said Parcel 1 is described in the Deed recorded at Reel 2439 at Image 213
in said County; described as follows:
Beginning at the southwest corner of said Parcel 1; thence along the westerly Iine of said Parcel
1, N.01°23'35"E., 4383.52 feet; thence leaving said westerly line S.88°13'36"E., 3118.91 feet to a
curve to the right having a radius of 600.00 feet, a delta of 33°16'45"; thence along said curve an
arc length of 348.50 feet; thence S.54°66'61"E., 395.53 feet to curve to the left having.a radius of
600.00 feet, a delta of 33°49'39"; thence alone said curve an arc length of 354.24 feet; thence
S.88°46'30"E., 59.37 feet; thence N.21°26'27"E., 258.08 feet; thence N.62°20'41"E., 362.23 feet;
thence N.52°16'37"E., 142.95 feet; thence N.56°1 5'48"E., 310.41 feet to the easterly line of said
Parcel 1; thence along said easterly line S.01°13'25"W., 194.37 feet; thence S.88°12'35"E.,
1191.77 feet; thence S.01°13'15"W., 2574.84 feet; thence N.88°47'11"W., 416.99 feet; thence
S.01°13'15"W.,449.95 feet; thence S.88°46'45"E., 399.99 feet; thence S.01°13'15"W.. 409.06
feet; thence leaving said easterly line N.88°46'45"W., 30.79 feet; thence S.01°13'15"W., 326.35
feet; thence S.5°48'34"W., 271.22 feet to a curve to the right having a radius of 352.03 feet, a
delta of 82°19'55"; thence along said curve an arc length of 505.85 feet; thence S.88°33'23"W., _
502.72 feet; thence S.74°29'14"W., 91.33 feet; thence N.89°38'09"W., 8I3.39 feet;thence
N.88°30'23"W., 190.46 feet; thence N.88°52'01"W., 351.73 feet; thence N.88°48'14"W., 158.39
feet: thence N.87°53'14"W., 500.11 feet; thence N.88°48'14"W.. 109.17 feet; thence
N.83°55'45"W., 774:73 feet to a curve to the right having a radius of 300.03 feet. a delta of
46°08'45"; thence_along said curve an arc length of 241.64 feet; thence N.37°47'00"W., 124.54
feet a curve to the left having a radius of 389.04 feet. a delta of 51°01'09"; thence along said
curve an arc length of 346.42 feet; thence N.88°48'09"W.. 5.93 feet to a curve to the right having
a radius of 1 5.00 feet, a delta of 90°00'00"; thence along said curve an arc length of 23.56 feet;
thence N.01°11'51"E.. 366.18 feet; thence N.&7°5 1,'1l_"W.. 178.04 feet; thence S.08°41'51"W.,
306.98 feet: thence S.39°52547"E..-22.58 feet; thence S.08°41'40"W., 128.06 feet to a curve to
the right having a radius of 352.03 feet, a delta of 49'53'50"; thence alone said curve an arc
length of 306.57 feet to a compound curve having a radius of 200.02 feet, a delta of 24°58'14";
. �r
District No. 97-1 Page 2 of 2
City of Dublin
County of Alameda
State of California
APN 986-1-1-10 (Portion)
thence along said curve an arc length of 87.17 feet to a compound curve having a radius of
2937.29 feet, a delta of 3°40'41"; thence along said curve an arc length of 188.56 feet;thence
S.87°41'26 W.,448.55 feet; thence S.86°22'10"W., 310.74 feet; thence N.88°48'14"W., 178.75
feet;thence N.88°26'44"W., 66.11 feet to the Point of Beginning. •
593.76 Acres
Containing:
•
2 L "(L'
V . 5186
Charles F. Sellman L.S. 5186 * RES S 111111
*
r: > (_/ c/L 9T E
OF c AL\F-
Dated
•
File:961074.10
Date: August 30, 1996 Print Date:August 30, 1996
�3
RESOLUTION NO. - 96
A RESOLUTION OF THE CITY OF DUBLIN
**************
RESOLUTION APPROVING AGREEMENT
WITH ALAMEDA COUNTY FOR
COLLECTION OF DEED ASSESSMENTS
The City Council of the City of Dublin hereby resolves as follows:
WHEREAS, the City Council has been presented with an agreement entitled
'Agreement Between City of Dublin and County of Alameda for Collection of Deed
Assessments,"
WHEREAS, the City Council is familiar with the contents of said agreement,
WHEREAS, the City Manager recommends the Council approve said
agreement,
NOW, THEREFORE, BE IT RESOLVED THAT the City Manager is
authorized and directed to execute said agreement in substantially the form attached
as Exhibit 2 to the September 17, 1996 Agenda Statement.
PASSED,APPROVED AND ADOPTED this 17th day of September, 1996. •
AYES:
-NOES: _
ABSENT:
Mayor
•
ArrEST:
City Clerk
J:\WPD\MNRSW\114\RESOL\COLLECT.DED
ay EHS:r1a EXHIBIT 3