PARK IMPROVEMENT AGREEMENT
SoHay Mixed Use Development -
Valle Vista Park Relocation, Expansion And Improvement) Tits PARK,. IMPROVEMENT AGREEMENT (" Agreement") is made and entered into on Sept "`, 2019 (" Effective Date") by and among the CITY OF HAYWARD, a municipal corporation (" City"); the HAYWARD AREA RECREATION AND PARK DISTRICT, a California special district (" HARD"); and WILLIAM LYON HOMES, INC., a California corporation ( the " Developer"). Developer, City andHARD shall be collectively referredto hereinasthe "Parties" andeachshallbesingularlyreferredto hereinasa "Party".
RECITALS
A. On May 8, 2018, pursuant to Resolution No. 18-075 (" Resolution"), the Hayward City Council (" City Council") approved Developer' s request for a General Plan Amendment GPA"), Zone Changeand Vesting TentativeMap (Tract 8428) ("VTM") for a project commonly known asthe SoHayMixed UseDevelopment, andadoptedthe related Mitigated Negative DeclarationandMitigation Monitoring andReportingProgram, subject to specified conditions of approval attached to the Resolution as Exhibit La collectively, " COAs" and individually, " COA"). For purposes of this Agreement, the GPA, Zone ChangeandVTM shall becollectively referredto herein asthe "Project Approvals".
B. The SoHay Mixed Use Development consists of a cohesive, mixed -use, transit -oriented project on vacant, under-utilized parcels, with a total of approximatelyfour hundred seventytwo (472) residentialunits; approximatelytwenty thousand (20,000) squarefeet of commercial space; approximately2.46 acresof public parksandtrails; andrelatedsite improvements ( collectively, " Project"). The Project will be located on an approximately twenty five (25)-acresitethat is roughly boundedby Mission Boulevard on the east, the BART tracks on the west, Industrial Parkway onthe south, andValle Vista Avenue on the north (" Project Site"), as more particularly described in the legal description, which is attachedheretoasExhibit 1and shownon theProject SiteMap, which is attachedhereto asExhibit 2, both of which areincorporatedby reference.
C. HARD previously owned and operated the Valle Vista Park, on an approximate one (1) acreparcel of land locatedon property identified on the VTM as "Lot 5". In June 2017, HARD' s governingboardadopteda resolutionauthorizing HARD to enterinto anoption agreementwherebyHARD would, upon City's exerciseof the option, transferto theCity, or the City' s designee, the existing Valle Vista Park (" Existing Park") ( upon which Developerwould thereafterdevelopa portion of the Project's residentialuses), and Developerwould improve andoffer to dedicateto HARD a public park andprovide easements for trail facilities comprising approximately 2.65 acres of land within the Project Site (" HARD Option Agreement"). Pursuantto COA No. 36, City andHARD 163\ 3 1\ 2546843. 15
ATTACHMENT III
entered into that certain HARD Option Agreement for the acquisition of Lot 5, which Developer acquired on August 3, 2018, for the appraised fair market value.
D. The Developer acquired fee title to Lot 5 and the remainder of the Project Site from the City pursuantto terms of that certainPurchaseand SaleAgreementdatedMay 16, 2017, as such may be amended from time to time ( the "Purchase Agreement"). Within the Project Site and consistent with the COAs, the Purchase Agreement and that certain Irrevocable Offer to Dedicate, dated as of August 2, 2018 and recorded on August 3, 2018 in the Official Records of Alameda County as Document No. 2018- 1543498 (the Park Irrevocable Offer"), Developer intends to improve a portion of the land identified asParcel 10 (approximately 1.0 acres) asdepictedasParcelL on the Project SiteMap Park Site") andthe adjacentlandsdescribedasParcelsJ andportions of ParcelsL and Parcel0 on Tract Map 8447alongwith ParcelJ on Tract Map 8428with a new public park and related trails and pedestrian bridges. Parcel 10, including the Park Site, is subject to a public park use restriction through December 10, 2029, as evidenced under that certain Director' s Deed ( DD- 0325 89- 01 - 0 1) ( the " Director' s Deed").
E. Developerhasagreedto relocatethe Existing Parkand expandthe park amenities.
Specifically, the Developer intends to: ( 1) improve the Park Site in accordance with the terms of this Agreement and the Park Irrevocable Offer and to dedicate the improved Park Site to HARD; ( 2) improve the approximately 0.4-acre MAE Parcel (defined in Section 3. 6 below) with trail improvements in accordance with the terms of this Agreement and the Park Irrevocable Offer ( and the City thereafter intends to convey the improved MAE Parcel to HARD, subject to a maintenance easement in favor of the Alameda County Flood Control and Water Conservation District (" Flood Control")); ( 3) improve adjacent lands described as Parcels J and portions of Parcels L and Parcel 0 on Tract Map 8447 with approximately 0.75-acre trail west of Dixon Street and to dedicate the trail to the HOA, subject to a public accesseasement; and (4) improve and dedicate two pedestrian bridges over the Flood Control Channel to the Project' s Homeowners' Association (" HOA"), subject to a public accesseasement; all as generally shown on the Project Site Map. For purposes of the land transfers, dedications of easement, and other similar depictionson theProject SiteMap, if thereareany discrepanciesor conflict with the depictionson the Project SiteMap andthe tract maps, the recordedfinal mapwill supersede and control.
F. The Parties desire to enter into this Agreement to satisfy COA No. 54, and to memorialize the Parties' respective understanding regarding the relocation, expansion, improvement and dedication of the new public park and trail facilities contemplated as part of the Project.
AGREEMENT
NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
I. RECITALS TRUE AND CORRECT. Each Party has reviewed the recitals set forth above and agrees that all facts set forth therein are true and correct. 163\ 3 R2546843. 15
2. EXISTING VALLE VISTA PARK.
2. 1. Relocation and Expansion of Existing Park. The Parties acknowledge and agree that it is the intent of this Agreement to facilitate the ultimate relocation and expansion of the Existing Park to the Park Site and adjacent land, as shown on Exhibit 2 and in accordance with the Project Approvals, the HARD Option Agreement, the Park Irrevocable Offer and approved Plans and Specifications ( as that term is defined in Section 3. 2 below).
2. 2 License to Operate Existing Park on Lot 5. Pursuant to COA No. 53, concurrently with Developer' s acquisition of Lot 5, Developer entered into that certain License Agreement Valle Vista Park, dated as of July 31, 2018 (the "Park License"), under which the Developer granted HARD a temporary license to operate the Existing Park until such time as: (a) City has issued a grading permit anddemolition permit for the Project; and (b) Developerhascommencedthe demolition of any existing improvements on Lot 5 and the grading of Lot 5 and the Park Site. On August 6, 2018, the City issued a grading permit and demolition permit andthat sameday Developercommencedthe gradingof Lot 5 and the Park Sites; the Park License automatically terminated and is of no further force and effect, except as may be stated otherwise therein.
3. CONSTRUCTION OF PARK AND TRAIL IMPROVEMENTS AND DEDICATION OF SAME AND UNDERLYING FEE INTEREST/ EASEMENTS.
3. 1 The Parties acknowledge and agree that execution of this Agreement shall evidence compliance with the requirement in COA No. 54 that the Developer enter into a Park Improvement Agreement with the City and HARD to develop the final park layout, design and improvements. This Agreement shall be recorded by Developer in Alameda County within ten ( 10) days of the Effective Date and Developer shall provide copies thereof to the City and HARD.
3. 2 Pursuant to COA No. 55, Developer is required to construct on the Park Site and adjacent lands, the park and trail improvements located on Parcel J of Tract 8428 and Parcel J of Tract 8447 and pedestrian bridges within twenty ( 20) months of the issuance of the first grading pen -nit for the first phase of the Project. All park and trail improvements and pedestrian bridges shall be built in a manner consistent with the Project Approvals and as shown on the approved improvement plans and any approved construction requests for information ( collectively the Plans and Specifications") identified on Sheets LO- 0. 00 through L3. 3. 02 and collectively, " Park Improvements"), on Sheets 1 through 14 (collectively, " Trail Improvements"), and on Sheets 1 and 2 (collectively, " Pedestrian Bridges"), as suchmay berevisedby the City andHARD. Subjectto Developeracquiringthe Project Site, HARD' s and the City' s final approval of the Plans and Specifications for the Park Improvements, and the Trail Improvements and the Pedestrian Bridges andCity' s issuanceof all necessaryCity permits (i.e., final map(s), demolition permit(s), gradingpermit(s), building pennit(s)), Developer shall promptly commenceconstructionof the Park Improvements, the Trail 163\ 31\ 2546843. 15
Improvements and the Pedestrian Bridges ( collectively, the " Work"). Developer anticipates to substantially complete the Work no later than eighteen ( 18) months after commencement of construction of the Work. For purposes of this Agreement, " substantially complete" shall mean that the Work is sufficiently complete such that said improvements can be used for their intended purposes and all governmental approvals necessary for the operation and use of the Park Improvements, Trail Improvements and Pedestrian Bridges have been issued.
Subject to any extension( s) granted hereunder, no later than twenty ( 20) months after issuance of the first ( 1st) grading permit for the Project, construction of the Park Improvements, Trail Improvements and Pedestrian Bridges shall be complete and operational, and Developer shall have offered said improvements and the underlying land ( either in fee or easement, as applicable) for dedication in accordancewith Section3.6 below. Provided, however, that the foregoing obligations shall be subjectto City andHARD issuingall necessaryentitlements, approvals, and permits and taking all other necessary actions that are within their respectiveauthority to allow constructionof same. The approximately .2 acre14' Trail Improvements within the easement from Parcel O to Industrial Blvd in Tract 8447will be completedconcurrentwith the immediatelyadjacentimprovements therein and the parties agree and acknowledge that the completion of such Trail Improvements are not subject to the timeframes in this section 3. 2. The Developerhas, asof the dateof this Agreement, deliveredto theCity andHARD the bonds required under COA 55.
3. 3 The Parties agree that, at Developer' s request, City and HARD shall grant a thirty 30) day extension (" Extension") to complete the Work so long as Developer is making diligent andcommercially reasonableefforts to promptly complete construction of same, but has been delayed and thus will not complete construction within the above - referenced 20- month time frame. Furthermore, if Developerhasnot completedconstructionof the Work within thetwenty-one (21) month time period (inclusive of the Extension), then City andHARD may, attheir collective discretion: ( a) require that Developer offer the Park Site and adjoining lands for the Trail Improvements ( other than on property to be owned by the HOA) and Pedestrian Bridges to be dedicated to the City or HARD without the completedParkImprovements, Trail Improvements (otherthanon propertyto be owned by the HOA) and Pedestrian Bridges; or (b) grant Developer additional extension( s) of time to complete said improvements. If the foregoing dedication without improvements is to occur, then prior to issuance of the building permit for the Park Improvements, Developer shall provide a bond benefiting City and HARD ( in a form reasonably approved by City and HARD) in an amount sufficient to assure completion of the Work.
3. 4 If City acceptsthe offer of dedicationpursuantto Section3.3, above, then City shall complete the Work and assume all other obligations of Developer hereunder in regards to the Work, the offer of dedication of the Park Site and improvements thereon to HARD and the MAE Parcel together with all improvements thereon to HARD and the Pedestrian Bridges to the HOA, as applicable and all other duties and obligations of Developer hereunder. If HARD accepts the offer of dedication 163\ 31\ 29546843. 15
pursuant to Section 3.3, above, then HARD shall complete the Work and assume all other obligations of Developer hereunder in regards to the Work, HARD shall retain fee ownership of the Park Site and improvements thereon and the trail improvements and improvements on the MAE Parcel, and HARD shall transfer fee title to the Pedestrian Bridges to the HOA, as applicable and all other duties and obligations of Developer hereunder. Such assumption by City or HARD shall not relieve Developerof its obligations or any liability stemmingtherefrom for the period prior to City or HARD' s acceptance of the offer of dedication. As an alternative, City may offer to dedicate the Park Site and adjoining lands for the Trail Improvements and Pedestrian Bridges to HARD to complete the Work and perform the other developer duties and obligations hereunder. In such circumstance, City, upon HARD' s acceptance of the offer of dedication, would be relieved of any other Developer duties and obligations hereunder, except asto any obligations or liability stemming from its performance of Developer duties and obligations prior to HARD' acceptance of the offer of dedication.
3. 5 In accordance with COA No. 54, City and HARD shall have the opportunity to review all draft improvement plans for the Park Improvements, Trail Improvements, andPedestrianBridgesprior to the approvalof the landscapeplan for the first tract of the Project. The Developer shall submit the proposed Plans and Specifications, Park Improvements, Trail Improvement and Pedestrian Bridges, which shall include, at a minimum, the components set forth in the proposed Park Improvement Specification List ( as may be modified as finalized after the date of this Agreement), which is attached hereto as Exhibit 4 and incorporatedherein, to the City andHARD for review andapproval. The City and HARD shall review the Plans and Specifications, Park Improvements, Trail Improvements, and the Pedestrian Bridges and shall either approve or disapprove of the design documents in writing within fifteen ( 15) days of receipt, which approval shall not be unreasonably withheld. If disapproved, the City and HARD shall give specific reasons in writing for disapproval and the required revisions to the draft improvement plans. If the Plans and Specifications, Park Improvements, Trail Improvements, and the Pedestrian Bridges are disapproved, the Developer shall resubmit, a revision to the applicable design document within fifteen ( 15) days of notification of disapproval. The City and HARD shall either approve or disapprove the submitted revised design document within fifteen ( 15) days of the date such revision is received, which approval shall not be unreasonably withheld.
If City or HARD disapprove of the resubmitted design documents, then representatives of each of the parties shall meet to review and discuss the un- approved design document( s). Developer acknowledges that execution of this Agreementby the City andHARD doesnot constituteapprovalby the City or HARD of any requiredpermits, applications, or allocations, andin no way limits the discretion of the City in its typical regulatory plan review process.
3. 6 Within thirty ( 30) days of the Work being complete and said improvements being operational, Developer shall offer for dedication: ( a) the Park Site (" Public Park") ( in fee) as well as the Park Improvements located thereon to HARD; ( b) the approximately 0.51-acre area (Parcel J of Tract 8447) shown on Exhibit 2 to 163\ 31\ 2546843. 15
the HOA, subject to a public accesseasementthereover; ( c) the Pedestrian Bridges to the HOA ( as defined in Section 4 below), subject to a public access easement thereover; and (d) the approximately 0.24 acre 14' trail through Tract 8447 to the HOA, subject to a public accesseasement thereon, all in substantially the same form as attached Exhibit 3 (collectively, " Offers of Dedication" and individually, " Offer of Dedication"). Upon Developer' s submittal of the foregoing Offer( s) of Dedication to HARD and the HOA, HARD and the HOA shall acceptsaidoffer(s) in accordancewith their respectivestandardprocedures within sixty ( 60) days of said offer( s). The City shall transfer by Grant Deed the approximately 0.4 acre area (the "MAE Parcel") shown on Exhibit 2 with any Trail Improvements constructed thereon to HARD, which shall be subject to a maintenance easement in favor of the Alameda County Flood Control District, prior to or concurrently with the Offers of Dedication. The Developer has through the recording of the Final Map dedicated fee title to Parcel J on Tract 8428 ( including the MAE Parcel) to the City, but is nonetheless required to construct the trail improvements located thereon pursuant to the terms of this Agreement.
3. 7 Notwithstanding anything herein to the contrary, if the Park Improvements or the Trail Improvements on the MAE Parcel, are not constructed in a manner consistent with the approved Plans and Specifications, then HARD shall not be required to accept the Offer of Dedication or the grant deed for the MAE Parcel until Developer performs additional work to cure the inconsistency or to improve the quality of construction to the reasonable satisfaction of HARD. Until such time as HARD or the HOA formally accept the Offer( s) of Dedication, Developer shall be responsible for the operation and maintenance of the Park Improvements, the Trail Improvements and the Pedestrian Bridges, which shall be conducted in a manner consistent with HARD' s existing park operations throughout its district boundaries. Upon HARD' s and the HOA' s formal acceptance of the Offer( s) of Dedication, then HARD, or the HOA, as applicable, shall thereafter own, operate and maintain the Park Improvements, the Trail Improvements, and the Pedestrian Bridges. Provided, however, that the Parties anticipate the costs of said operation and maintenance shall be funded through the new benefit zone established in City' s LLD ( as described in Section 4 below).
4. LIGHTING AND LANDSCAPING ASSESSMENT DISTRICT. Prior to the issuance of the first ( 1st) certificate of occupancy for the Project, Developer shall cooperate with City to form a benefit zone(s) to annex within City' s existing Landscape and Lighting Assessment District 96- 1 (" LLD") to provide funding for operations, maintenance and servicing of Project amenities, facilities, landscaping, hardscape, and lighting improvements in public rights -of -way, public areas, and the Park Site as follows, with all other common areas other than those listed in subsections 4. 1 excluded from the LLD and instead being owned, maintained and operated by the HOA. Provided, however, that the Parties acknowledge and agree that Developer' s obligations under this Section 4 shall be subject to City' s expeditious processing and approval of Developer' s request to form said benefit zone and annex same into the LLD.
163\ 3 1\ 2546843. 15
4. 1 The Park Site and the Park Improvements thereon, which is adjacent to the Flood Control Channel and between Mission Boulevard and Dixon Street.
5. SCOPE OF WORK. Developer shall perform the Work consistent with the Project Approvals and in accordance with the approved Plans and Specifications to the reasonable satisfaction of the City Engineer and HARD. Said Work shall be performed, and all materials and labor shall be provided, at Developer' s expense, in the manner described in the Plans and Specifications, subject to receipt of fee credits described in Section 6 below.
6. SATISFACTION OF PARKLAND OBLIGATIONS• PARK FEE CREDITS.
6. 1 Satisfaction of Parkland Obligations. The Parties acknowledge and agree that Developer' s construction of the Park Improvements, the Trail Improvements, and the Pedestrian Improvements, along with the Offers of Dedication for said improvements and the lands related thereto ( either in fee/ easements) shall constitute compliance with the Project' s parkland obligations under Hayward Municipal Code section 10- 16. 10 and COA No. 51.
6. 2 Park Fee Credits. Pursuant to COA No. 51 and in accordance with Hayward Municipal Code section 10- 16. 47, Developer shall receive fee credit for the estimated cost of, collectively: ( a) constructing the Park Improvements, the Trail Improvements, and the Pedestrian Bridges, subject to specified exclusions; and b) dedicating the related land in fee and/or easementsto the applicable public agencies excluding net acreage of the Exiting Park (" Amount of Fee Credit").
The Amount of Fee Credit to be received is expected to be approximately Four Million Seven Hundred Eighty -Three Thousand Six Hundred and Seven Dollars 4, 783, 607). The Parties acknowledge and agree that, pursuant to COA No. 52, the City reserves the right to cap the Amount of Fee Credit for materials, labor or equipment, if the City believes that the Engineer' s Estimate ( as that term is defined below) is unreasonable or otherwise overstates Project - related cost compared to recently completed work, jobs or other known information).
Notwithstanding anything to the contrary in the foregoing, it is agreed that Developer shall not receive any fee credits for: ( i) the Flood Control channel that will not be publicly accessible; ( ii) one ( 1) acre of land that reflects the acreage of the Existing Park; and (iii) costs related to frontage improvements pursuant to Hayward Municipal Code Section 10-1.6.25 or any improvements made to the Park Site related to drainage, soil, or non -visible improvements installed pursuant to Provision C3 of the Alameda Cleanwater Program.
6. 3 Engineer' s Estimate. Pursuant to COA No. 52, in order to determine the Amount of Fee Credit, prior to issuance of the first ( 1st) building permit for the Project excluding models), Developer shall fund and causeto be prepared an engineer' s estimate of the costs to construct the Park Improvements, the Trail Improvements and the Pedestrian Bridges, as well as the value of the land dedication ( for both fee interest and easements but subject to the exclusions in Section 6. 2 above) related thereto (" Engineer' s Estimate"). Developer shall submit the Engineer' s 163\ 31 \ 2546843. 15
Estimatefor review andapprovalto City' sPublic Works (EngineeringDivision) andthe PlanningDivision in consultationwith HARD, with suchapprovalnot being unreasonablywithheld, delayedor conditioned. City andHARD agreeto promptly review the Engineer' s Estimate, providing a written response within thirty ( 30) days of review thereof; to the extent said response does not approve the Engineer' s Estimate, then said response shall reasonably document any requested changes by City and/or HARD. As of the date of this Agreement the Engineer's Estimate has been approved.
7. DEVELOPER' S AUTHORIZED REPRESENTATIVE. At all times during theprogress of the Work, Developer shall have a competent foreman or superintendent (" Authorized Representative") on site with authority to act on behalf of Developer. Developer shall, at all times, keep the City Engineer reasonably informed in writing of the name and telephone number of the Authorized Representative.
8. PERMITS APPROVALS AND ENTITLEMENTS; COMPLIANCE WITH
APPLICABLE LAWS. Developer shall, at Developer' s expense, obtain and maintain all necessary approvals, permits and entitlements that are required to perform the Work, and shall comply with all applicablelaws andregulationsin its performanceof the Work including, without limitation, the Project Approvals. The parties agree and acknowledge that the construction of the park improvements required under this Agreement does not constitute a "public work" as defined in Labor Code Section 1720, et seq., as none of the project will be paid for in whole or in part out of public funds or otherwisetrigger the payment of " prevailing wage". In connection with all construction work to be performed by, or on behalf of, the Developerpursuantto this Agreement, if it is determinedby the Department of Industrial Relations (" DIR") that the construction of the park improvements triggers the payment of prevailing wage, to the extent required by applicable law, ( a) the Developer shall and shall cause the Developer' s contractors to pay prevailing wages in the construction of the improvements, and all other construction work perfonned pursuant to this Agreement, as those wages are detenmined pursuant to Labor Code Sections 1720 et seq., and the implementing regulations of the DIR and comply with the other applicableprovisionsof Labor CodeSections1720et seq., including but not limited to the hiring of apprenticesasrequiredby Labor CodeSections 1775 et seq., and the implementing regulations of the DIR; ( b) Developer shall and shall cause the contractors to keep and retain such records as are necessary to determine if such prevailing wageshavebeenpaid asrequiredpursuantto Labor CodeSections1720et seq., andthat apprenticeshavebeenemployedasrequiredby Labor CodeSection1777.5 et seq., and shall, from time to time upon the request of the City, provide to the City such recordsandotherdocumentationreasonablyrequestedby the City. Copiesof the currently applicable per diem prevailing wages are available from the City; ( c) During the construction of the Park Improvements, or other construction work on the Park Parcel, the Developershall post at the ParkParcelthe applicableprevailing ratesof per diem wages; ( d) Developer shall indemnify, hold harmless and defend (with counsel reasonably selected by the City) the City and HARD from and against any claim for damages, compensation, fines, penalties or other amounts arising out of the failure or allegedfailure of any personor entity (including Developer, or its contractors) to pay prevailing wagesasdeterminedpursuantto Labor CodeSections1720et seq., to hire 163\ 3 1\ 2546843. 15
apprenticesin accordancewith Labor CodeSections1777.5 et seq., andthe implementing regulationsof the DIR or comply with the otherapplicableprovisionsof Labor CodeSections1720et seq., andthe implementingregulationsof the DIR in connectionwith constructionof the ParkImprovementsor any otherwork undertaken under this Agreement, or in connection with the Park Parcel. The term " construction" in this Section shall have the meaning set forth in Labor Code Section 1720(a)( 1). The provisions of this Section 8 shall survive the termination of this Agreement.
9. TIME OF PERFORMANCE. Time is of the essencein the performance of the obligations hereunder.
10. ENCROACHMENT PERMIT. If and to the extent any encroachment into public right( s) of way would occur, then Developer shall obtain an encroachment permit from the Alameda County Departmentof Public Works and/or Flood Control, asapplicable, prior to constructionof any improvementson the public maintenancepathway. Developeris responsiblefor complying with all applicableAlamedaCountypermit application requirements, fees or other requirements related to improving the maintenance access easement for public use.
11. PEDESTRIAN BRIDGES. Once constructed and operational, the Pedestrian Bridges that will cross the Flood Control Channel from the Park Site and Parcel J on Tract 8444 to the PA- 2 neighborhood ( as shown on the Park Site Map and VTM) shall remain open and accessible to the public at all times and shall not be restricted with gates or other apparatus. The Parties acknowledge and agree that the Pedestrian Bridges shall be owned, operated and maintained by the HOA.
12. INSPECTION BY CITY/ HARD. In order to permit City or HARD to inspect the Work, Developer shall, at all reasonable times, provide to City and HARD reasonable accessto the Park Site and vicinity, consistent with standard City and HARD procedures related to inspection of public improvements.
13. PLAN REVIEW. Developer shall schedule plan review opportunities with HARD at regular milestones of the construction documents that shall run concurrently, as feasible, with City' s plan review process. Plan review opportunities are anticipated to include one to two study session meetings and not less than two public meetings.
14. TERMINATION OF AGREEMENT: ESTOPPEL CERTIFICATE.
14. 1 Termination. This Agreement shall terminate when all of the Parties' respective obligations have been satisfied, at which time Developer may record a Notice of Completion of Obligations in Alameda County Recorder' s Office, in a form substantially the same as attached Exhibit 5.
14. 2 Estoppel Certificate. Developer may, at any time, and from time to time, deliver written notice to City and/or HARD requesting City ( or HARD, as applicable) to certify in writing that: ( a) this Agreement is in full force and effect; ( b) this Agreement has not been amended or modified or, if so amended or modified, identifying the amendments or modifications; and (c) Developer is not in default 163\ 31\ 2546843. 15
of the performance of its obligations, or if in default, to describe therein the nature and extent of any such default. Developer shall pay, within thirty ( 30) days following receipt of invoice from City ( or HARD, as applicable), the actual costs borne by City ( or HARD, as applicable) in connection with its review of the proposed estoppel certificate.
15. DEFAULT.
15. 1 In the eventthat a Party is in default of this Agreementfor failure to satisfya material obligation assetforth herein, the non -defaulting Party(ies) shallprovide the defaulting Party with written notice in which the default is described.
15. 2 In the event that the defaulting Party fails to cure the default within thirty ( 30) days following receipt of the above -referenced notice, this shall constitute a default hereunder; provided, however, that if thefailure to perform cannotbe reasonablycuredwithin suchthirty ( 30) dayperiod, a Party shall be allowed additional time asis reasonablynecessaryto curethe failure so long assuchParty commencesto curethefailure within thethirty ( 30) dayperiod andthereafter diligently prosecutes the cure to completion. Upon occurrence of such default after the expiration of the above -referencednotice andcureperiod without acure occurring) andwithout any right to further notice or additional cureperiod, the non -defaulting Party shall have all remedies available to it under this Agreement andat law and in equity, including, but not limited to, terminating this Agreement, or specific performance. Notwithstanding anythingto the contraryin the foregoing, no Party shall havethe right to recoverany punitive, consequential, or special damages.
16. INDEPENDENT CONTRACTOR STATUS. Developer is an independent contractor and is solely responsiblefor all actsof its employees, agents, or subcontractors, including any negligent acts or omissions. Developer is not City' s or HARD' s employee and Developershall haveno authority, expressor implied, to act on behalf of City or HARD as an agent, or to bind City or HARD to any obligation whatsoever, unless City or HARD provide prior written authorization to Developer.
17. ATTORNEY' S FEES. In the event any legal action is commenced to enforce this Agreement, the prevailing party is entitled to reasonable attorney' s fees, costs, and expenses incurred.
18. INDEMNIFICATION. Developer shall indemnify, protect, defend, and hold harmless City and HARD ( including their elected officials, officers, agents, and employees) from and against any and all suits, actions, claims, , causes of action, demands, damages, judgments, liabilities, costs, and expenses (including court costsandattorney'sfees) resulting from or arising directly or indirectly : ( a) out of theperformanceof the Work by Developer or Developer' s agents, representatives, contractors, subcontractors, or employees; ( b) any act or omission of Developer, any of its agents, employees, licensees, tenants, contractors, subcontractors or material suppliers, or other person or entity with respect to the Work; and (c) Developer' s alleged failure to comply with its duties and 163\ 31\ 254684315
obligation under this Agreement, the Project Approvals, the Offers to Dedicate, the COAs and the Mitigated Negative Declaration. The Developer' s indemnification obligation applies to the City and HARD' s "active" as well as "passive" negligence but does not apply to the City or HARD' s "sole negligence" or " willful misconduct" within the meaning of Civil Code Section 2782. The provisions of this Section 18 shall survive the termination of this Agreement.
19. ASSIGNMENT. Developer shall have the right to assign this Agreement and/or any portion thereof in connectionwith the saleof all or a portion of theProject Site, without obtaining the consent of City or HARD subject to the Restrictions in Section 15.7 of the Purchase Agreement.. Developer, however, shall not be released from its obligations hereunderunlessandto the extentthe assigneeexpresslyassumessaidobligations in a fully executed Assignment and Assumption Agreement.
20. 21.
Notices.
20. 1 All notices, demands, or other communications which this Agreement contemplatesor authorizesshall be in writing andshall bepersonallydeliveredor mailed to the respectiveparty asfollows:
To CITY:
City of Hayward
777 B Street
Hayward, California 94541
Attn: City Manager
To HARD:
HARD
1099 E Street,
Hayward, California
94541
Attn: General Manager
To Developer:
William Lyon Homes, Inc.
2603 Camino Ramon,
Suite 450
San Ramon, CA 94583
Attn: Steven M. Jones
20. 2 Communicationsshall be deemedto havebeengiven andreceivedon the first to occur of ( 1) actual receipt at the address designated below, or ( 2) three ( 3) working days following the deposit in the United States Mail of registered or certified mail, sent to the address designated above.
MODIFICATIONS. This Agreementmay not bemodified orally or in anymannerother than by an agreement in writing signed by all Parties.
22. WAIVERS. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver or a waiver of a subsequent breach of the same or any other provision of this Agreement.
23. SEVERABILITY. In the event any tern of this Agreement is held invalid by a court of competent jurisdiction, the Agreement shall be construed as not containing that term, and the remainder of this Agreement shall remain in full force and effect.
24. JURISDICTION AND VENUE. The interpretation, validity, and enforcement of the Agreement shall be governed by and construed under the laws of the State of California. 163\ 31\ 2546843. 15
Any suit, claim, or legal proceeding of any kind related to this Agreement shall be filed and heard in a court of competent jurisdiction in the County of Alameda.
25. ENTIRE AGREEMENT. This Agreement, including all documents attached hereto and incorporatedhereinby reference, comprisesthe entire integratedunderstandingamong the Parties concerning the subject matter hereunder. This Agreement supersedesall prior negotiations, representations, or agreements.
26. SIGNATURES. The individuals executing this Agreement represent and warrant that they each have the right, power, legal capacity, and authority to enter into and to execute this Agreementon behalf of the respectivelegal entitiesof Developer, City andHARD.
This Agreement shall inure to the benefit of and be binding upon the Parties hereto and their respectivesuccessorsandassigns. This Agreementmay beexecutedin multiple originals, each of which is deemed to be an original, and may be signed in counterparts.
Signature Page Follows.]
163\ 31\ 254684115
IN WITNESS WHEREOF the Partiesdo herebyagreeto the full performanceof thetermsset forth herein.
DEVELOPER:
WILLIAM LYON HO ES, INC.,
a California corporation,,-
By: -
t_
Name: SCOttROylance
DIViSionpresident
Its:
Date: / U' L` ( Z.1I
By:
Name: Joe Chretlen
VP Land Development
Its:
Date: ey,
163\ 31\ 2546843. 15
APPROVED AS TO FORM:
Michael S. Lawson, City Attorney
By: -- -
Jo ph ric ssistant City Attorney
ATTEST:
By:
Miriam Lens, City Clerk
CITY:
CITY OF HAYWARD, a California charter
city
By:
Kelly McAdoo, City Manager
163\ 31\ 2546843. 15
HAYWARD AREA RECREATION AND
PARK DISTRICT, a California special district
By:
Name: 06utA"("
Its: rF
16301 \ 254684315
EXHIBIT 1
LEGAL DESCRIPTION
Exhibit 1- 1
163\ 31 \ 2546843. 15
Exhibit A
PARCELI: PORTION
OF THETRACTOF LANDCONVEYEDTO HAYWARDINVESTMENTCOMPANY, BY DEEDRECORDEDJULY 10, 1913, BOOK 2166 DEEDS, PAGE 438, DESCRIBEDAS FOLLOWS: BEGINNING ON THESOUTHWESTLINE OF MISSIONBOULEVARDAS THESAMEEXISTEDPRIOR TO OCTOBER29, 1929, DISTANTTHEREON NORTH 42° 35' WEST, 1963. 76 FEETFROM THE INTERSECTIONTHEREOF WITH THE NORTHWESTLINE OF COUNTY -ROAD NO. 314; THENCEFROM SAID POINTOF BEGINNING, SOUTH 47025' WEST 345. 69 FEET; THENCENORTH 42° 35` WEST, 63. 00 FEET; THENCENORTH 47- 25' EAST, 345. 69 FEETTO THE AFORESAIDSOUTHWEST LINE OF MISSIONBOULEVARD; THENCE SOUTH 42° 3Y EAST, 63. 00 FEETTO THE POINTOF BEGINNING. EXCEPTING
THEREFROM: THE INTERESTCONVEYEDTO THESTATEOF CALIFORNIABY INSTRUMENTRECORDED DECEMBER 16, 1929, BOOK 2254 OR, PAGE290, " FOR HIGHWAYPURPOSES". APN:
078C- 0447- 003- 01 PARCEL
2: PORTION
OF THETRACTCONVEYEDBY A. W. MC COY, ET UX, TO HAYWARDINVESTMENTCOMPANY BY DEEDDATED MARCH 22, 1913AND RECORDEDJULY 10, - 1913IN BOOK2166 OF DEEDS, AT PAGE438, IN THEOFFICE OF THECOUNTYRECORDEROF ALAMEDACOUNTY, DESCRIBEDAS FOLLOWS: BEGINNING
AT A POINTON THESOUTHWESTERNLINE OF THECOUNTYROAD LEADINGFROM HAYWARDTO THE
MISSIONOF SANJOSE, NOW STATEHIGHWAY, AS THESOUTHWESTERNLINE OF SAIDCOUNTYROAD, EXISTED ON OCTOBER28, 1929, DISTANTTHEREONNORTH 42° 35',WEST1900. 76 FEETFROMTHE INTERSECTION THEREOF WITH THE NORTHWESTERNLINE OF COUNTYROAD NO. 314 AND RUNNINGTHENCE SOUTH 47025' WEST 345. 69 FEET; THENCENORTH 42. 35' WEST63. 00 FEET; THENCENORTH 47025' EAST 345. 69 FEETTO THESOUTHWESTERNLINE OF SAIDCOUNTYROAD LEADINGFROM HAYWARDTO THEMISSION OF SANJOSE; THENCEALONG THE LAST NAMEDLINE, SOUTH42. 35' EAST63. 00 FEETTO THEPOINT OF BEGINNING. EXCEPTING
THEREFROM THAT PORTIONTHEREOF CONVEYED TO THESTATEOF CALIFORNIAFOR HIGHWAYPURPOSES BY DEEDFROM CHARL. ES H. GIBBS, A SINGLEMAN, DATEDOCTOBER29, 1929AND RECORDEDDECEMBER 16, 1929IN BOOK2254 OF OFFICIALRECORDSOF ALAMEDACOUNTY, AT PAGE290. APN:
078C- 0447- 003- 02 PARCEL
3: BEGINNING
AT THEPOINTOF INTERSECTIONOF THECENTERLINE OF VALLEVISTA AVENUE55 FEETWIDE, FORMERLY COUNTY ROAD NO. 1773 WITH THE NORTHEASTERNLINE OF THEPARCELOF LANDDESCRIBEDIN THE DEED BY ILTHEM. GREGG, AS THEET UX, OF THEESTATEBUNICE NOLAN, DECEASED, TO ORVILLEL. OLSON AND WIFE, DATED OCTOBER14, 1948, AND RECORDEDOCTOBER 2- 5, 1948, IN BOOK5639, OF OFFICIAL RECORDS, PAGE 319, RECORDEDSERIES NO. AC( 81771; RUNNINGTHENCE ALONG SAID NORTHEASTERN LINE: NORTH43045' WEST 252. 02 FEET; THENCESOUTH 4702T WEST 75. 99 FEETTO THESOUTHWEST OF SAIDNOLANPARCEL; THENCE ALONG THE LAST MENTIONEDLINE SOUTH42035' EAST 252. 02 FEETTO THECENTEROF VALLEVISTA AVENUE; THENCE ALONG THE LAST MENTIONEDLINE NORTH47025' EAST 75. 99 FEETTO THEPOINTOF BEGINNING. APN:
078C- 0447- 006- 02 PARCEL
4:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERN LINE OF THE STATE HIGHWAY
BETWEENHAYWARDTO NILES, AS SAID LINEIS ESTABLISHEDIN THE DEEDTO THE STATEOFCALIFORNIA, DATEDNOVEMBERB, 1929 AND RECORDEDDECEMBER21, 1929 IN BOOK2280 OFOFFICIALRECORDSOF ALAMEDA COUNTY, PAGE 108, WITH THE SOUTHEASTERN LINE OF VALLE VISTA AVENUE, AS DESCRIBEDIN THE DEEDTO COUNTYOFALAMEDA, DATEDOCTOBER2-3, 1933, AND RECORDEDNOVEMBER13, 1933IN BOOK2992 OF OFFICIALRECORDS, PAGE190; RUNNINGTHENCEALONGSAIDLINE OF SAID STATEHIGHWAY SOUTH420 41' EAST, 79.40 FEET; THENCESOUTH470 25' WEST, 325.28 FEETTO THE SOUTHWESTERNLINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM THELMA G. ROGERSTO ODES L. WINGO AND WIFE DATED MARCH 22, 1946 AND RECORDED APRIL 6, 1946 UNDER RECORDER'S SERIES NO. TT/ 27630 IN THE OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY; THENCE ALONG THE LAST MENTIONED LINE NORTH 420 35' WEST, 79. 40 FEET TO SAID LINE OF VALLE VISTA AVENUE; THENCE ALONG LAST MENTIONED LINE NORTH 470 25' EAST, 325. 14 FEET" TO THE POINT OF BEGINNING.
APN: 078C- 0438- 006
PARCELS:
BEGINNING AT A POINT IN THE CENTER LINE OF VALLE VISTA AVENUE KNOWN AS COUNTY ROAD NO, 7723 DISTANTTHEREONS. 470 25' W., 345.69 FEETFROMTHE SOUTHWESTERNLINE OFTHE ROADLEADING FROMHAYWARDTO NILES KNOWNAS COUNTYROADNO. 89 AS SAID ROADEXISTEDPRIORTO THE ESTABLISHMENT THEREOF AS A STATE HIGHWAY, 100' WIDE; RUNNING THENCE S. 420 35' E., 25.00 FEETTO THE ACTUAL POINT OF COMMENCEMENT, BEING ON THE SOUTHEASTERN LINE OF SAID VALLE VISTA AVENUE; THENCEALONGTHE SAID SOUTHEASTERNLINEOFVALLEVISTAAVENUES. 470 25' W., 134.425 FEET; THENCES. 420 35' E., 327.82 FEET; THENCEN. 470 25' E., 134.425 FEET, THENCEN. 420 35' W., 327.82 FEEL"
TO THE ACTUAL POINT OF COMMENCEMENT,
APN: 07SC- 0438- 005
PARCEL 6:
BEGINNINGAT A POINT ONTHE SOUTHWESTERNLINE OFTHE STATEHIGHWAYBETWEENHAYWARDAND NILES, AS SAID LINE IS ESTABLISHED IN THE DEED TO THE STATE OF CALIFORNIA, DATED NOVEMBER 8, 1929, AND RECORDEDDECEMBER21, 1929, IN BOOK2280, OF OFFICIALRECORDSOFALAMEDACOUNTY, PAGE108, DISTANTTHEREONSOUTH42° 41' EAST, 79.40 FEETFROMTHEPOINTOF INTERSECTION
THEREON, WITH THE SOUTHEASTERNLINEOFVALLEVISTAAVENUE, AS DESCRIBEDIN THE DEEDTO THE COUNTY, OF ALAMEDA, DATED OCTOBER 2-3, 1933 AND RECORDED NOVEMBER 13, 1933 IN BOOK 2992 OF OFFICIAL RECORDSOF ALAMEDACOUNTY, PAGE190; RUNNINGTHENCEALONGSAID LINE OFSAID STATE HIGHWAY, SOUTH42° 41' EAST (THE BEARINGOFSAID LINE OF SAID STATEHIGHWAYBEINGGIVENAS SOUTH420 17' EASTIN SAID DEEDTO THE STATEOF CALIFORNIA), 199.64 FEET; THENCESOUTH47° 25' WEST, PARALLELWITH SAID LINE OFVALLEVISTAAVENUE, 325.60 FEETTOTHE SOUTHWESTERNLINEOF THAT CERTAINPARCELOF LANDDESCRIBEDIN THE DEEDFROMTHELMAC. ROGERSTO ODESL. WINGOAND WIFE, DATED MARCH 22, 1946, RECORDEDAPRIL 6, 1946, UNDER RECORDER'S SERIES NO. TT- 27630, ALAMEDACOUNTYRECORDS; THENCEALONGTHE LASTMENTIONEDLINENORTH42135' WEST, 199.64 FEET TO A LINE DRAWNSOUTH 471125' WESTFROMTHE POINTOF BEGINNING; THENCE ALONG THE LINESO DRAWN NORTH 470 25' EAST, 325. 28 FEETTO THEPOINTOF BEGINNING. CONTAINING
1. 49ACRES, MORE OR LESS. APN:
078C- 0438- 007 PARCEL
7: BEGINNING
AT A POINTON THESOUTHWESTERNLINE OF MISSIONBOULEVARD, FORMERLY THE STATEHIGHWAY
BETWEENHAYWARDAND NILES, AS SAIDLINE WAS ESTABLISHEDIN THEDEEDTO THESTATEOF CALIFORNIA DATED NOVEMBER8, 1929, RECORDEDDECEMBER21, 1929IN BOOK2- 280OF OFFICIALRECORDS OF ALAMEDACOUNTY, PAGE 108, DISTANTTHEREONSOUTH 42° 41' EAST (THE BEARINGOF SAIDLINE IN SAIDDEEDTO THESTATEOF CALIFORNIABEING GIVENAS SOUTH42017' EAST) 279. 04FEETFROM THE
POINTOF INTERSECTIONTHEREOF ITH THESOUTHEASTERNLINE OF VALLEVISTA AVENUE, AS SAIDAVENUE IS DESCRIBEDIN THEDEEDTO THECOUNTYOF ALAMEDA, DATED OCTOBER23, 1933, RECORDED NOVEMBER 13, 1933 IN BOOK 2992 OF OFFICIAL RECORDS, PAGE 190; RUNNING THENCE ALONG SAID SOUTHWESTERN LINE OF MISSION BOULEVARD, SOUTH 42° 41' EAST 100 FEET TO THE NORTHWESTERN LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM ODES L. WINGO AND HAZEL WINGO, HIS WIFE, TO LENA GUNSLEY, DATED JUNE 7, 146, RECORDED JUNE 8, 1946 IN BOOK 4870 OF OFFICIAL RECORDS, PAGE 411; THENCE ALONG THE LAST MENTIONED LINE SOUTH 470 25' WEST 325. 77 FEET TO THE MOST WESTERN CORNER OF SAID GUNSLEY' S LAND; THENCE NORTH 420 35' WEST 100 FEET UNTIL INTERSECTED BY A LINE DRAWN SOUTH 470 25' WEST FROM THE POINT OF BEGINNING; THENCE ALONG THE LINE SO DRAWN, NORTH 470 25' EAST 325. 60 FEET TO THE POINT OF BEGINNING.
APN: 078C- 0438- 008
PARCEL 8:
BEGINNING AT A POINT ON THE SOUTHWESTERN LINE OF MISSION BOULEVARD, FORMERLY THE STATE
HIGHWAY BETWEEN HAYWARD AND NILES, AS SAID LINE IS ESTABLISHED IN THE DEED TO THE STATE OF CALIFORNIA, DATED NOVEMBER 8, 1929 AND RECORDED DECEMBER 21, 1929 IN BOOK 2280 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 108, DISTANT THEREON SOUTH 42° 41' EAST (THE BEARING OF SAID LINE IN SAID DEED TO THE STATE OF CALIFORNIA BEING GIVEN AS SOUTH 42° 17' EAST) 379. 04 FEET FROM
THE POINT OF INTERSECTION THEREOF WITH THE SOUTHEASTERN LINE OF VALLE VISTA AVENUE, AS SAID AVENUE IS DESCRIBED IN DEED TO THE COUNTY OF ALAMEDA, DATED OCTOBER 23, 1933, AND RECORDED NOVEMBER 13, 1933 IN BOOK 2992 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 190, RUNNING THENCE ALONG THE SAID SOUTHWESTERN LINE OF MISSION BOULEVARD SOUTH 420 41' EAST 100. 00 FEET TO THE SOUTHEASTERN LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM CLANTON V. ROGERS TO THELMA C. ROGERS, DATED MARCH 25, 1924 AND RECORDED APRIL 15, 1924 IN BOOK 692 OF OFFICIAL RECORDS. OF ALAMEDA COUNTY, PAGE 176, THENCE ALONG THE SAID LAST MENTIONED LINE SOUTH 470 25' WEST 325. 94 FEET TO A POINT ON A SOUTHWESTERN LINE OF SAID ROGERS PARCEL OF LAND; THENCE ALONG THE SAID LAST MENTIONED LINE AND ITS DIRECT PRODUCTION NORTH 420 3S WEST 100. 00 FEET UNTIL INTERSECTED BY A LINE DRAWN SOUTH 470 25' WEST FROM THE POINT OF BEGINNING; THENCE ALONG THE LINE SO DRAWN NORTH 470 25' EAST 325. 77 FEET TO THE POINT OF BEGINNING.
APN: 078C- 0438- 009
PARCEL 9.
BEGINNING AT A POINT ON THE SOUTHWESTERN LINE OF THE STATE HIGHWAY, FORMERLY THE COUNTY
ROAD, RUNNING FROM HAYWARD TO MISSION SAN JOSE, AS THE SAME EXISTED PRIOR TO THE WIDENING THEREOF ON NOVEMBER 29, 1929, BY DEED FROM WILLIAM F. FIIZGERALD TO THE STATE OF CALIFORNIA, RECORDED DECEMBER 11, 1930 IN BOOK 2517 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 97, DISTANT THEREON NORTH 420 35' WEST 1144, 70 FEET FROM THE NORTHWESTERN LINE OF COUNTY ROAD NO. 314; RUNNING THENCE SOUTH 470 25' WEST 345. 69 FEET; THENCE NORTH 420 3T WEST 126. 01 FEET; THENCE NORTH 470 25' EAST 345. 69 FEET TO A POINT ON THE SAID SOUTHWESTERN LINE OF SAID COUNTY ROAD RUNNING FROM HAYWARD TO MISSION SAN JOSE, AND THENCE SOUTH 42° 35 EAST ALONG THE LAST LINE 126. 01 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION THEREOF CONVEYED BY WILLIAM P. FITZGERALD, A SINGLE PERSON, TO THE STATE OF CALIFORNIA, BY DEED DATED NOVEMBER 29, 1929 AND RECORDED DECEMBER 11, 1930 IN BOOK 2517 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 97, APN: 078C- 0438- 010
PARCEL 10:
COMMENCING AT THE SOUTHEASTERLY CORNER OF THE PARCEL OF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED JULY 10, 1963 ON REEL 932, IMAGE 313, ALAMEDA COUNTY RECORDS; THENCE ALONG A LINE COMMON TO THE PROPERTIES, NOW OR FORMERLY, OF GOTTLIEB WAESPI, ET UX.
AND OF THE STATE OF CALIFORNIA N. 480 43' 46" E., 325. 32 FEET TO THE SOUTHWESTERLY LINE OF THE
EXISTING STATE HIGHWAY LEADING FROM HAYWARD TO NILES, THENCE ALONG SAID SOUTHWESTERLY LINE S. 410 21' 12" E., 166. 70 FEET; THENCE FROM A TANGENT THAT BEARS S. 6° 46' 51" W., ALONG A CURVE TO THE RIGHT, WITH A RADIUS OF 215. 00 FEET, THROUGH AN ANGLE OF 91° 11' 09", AN ARC LENGTH OF 342. 17 FEET; THENCE N. 82° 02' 00" W., 29. 10 FEET TO THE LINE COMMON TO THE PROPERTIES, NOW OR FORMERLY OF SAID GOTTLIEB WAESPI, ET UX, AND OF A. BERNARD MUTH; THENCE ALONG SAID COMMON PROPERTYLINE N. 410 16' 14" W., 125. 14 FEET TO THE POINT OF COMMENCEMENT.
CONTAINING 1. 477 ACRES, MORE OR LESS.
APN: 078C- 0438- 011- 01
PARCEL 11:
COMMENCING AT THE MOST SOUTHERLY CORNER OF THE PARCELOF LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 10, 1963 ON REEL 932, IMAGE 313, ALAMEDA COUNTY RECORDS; THENCE ALONG THE LINE COMMON TO THE PROPERTIES, NOW OR FORMERLY OF A. BERNARD MUTH AND OF GOTTLIEB WAESPI, ET UX. AND ITS PROLONGATION S. 41° 16' 14" E., 414. 57 FEET TO THE NORTHEASTERLY CORNER OF THE PROPERTY OF A. BERNARD MUTH, ET UX.; THENCE ALONG THE SOUTHEASTERLY LINE OF LAST SAID PROPERTY S. 48° 43` 46" W., 493. 68 FEET TO THE CENTER LINE OF DIXON STREET; THENCE ALONG SAID CENTER LINE N. 410 16' 14" W., 307. 35 FEET, THENCE N. 7° 58' 00" E., 132.23 FEET; THENCE N. 4° 09` 09" E., 299. 07 FEET TO THE NORTHWESTERLY LINE OF THE PROPERTY OF SAID A. BERNARD MUTH; THENCE ALONG SAID NORTHWESTERLY LINE N. 480 43' 46" E., 180. 50 FEET TO THE NORTHEASTERLY PROPERTY LINE OF SAID A. BERNARD MUTH; THENCE ALONG LAST SAID LINE S. 411 16' 14" E., 189. 01 FEET TO THE POINT OF COMMENCEMENT.
CONTAINING 5. 563 ACRES MORE OR LESS IN ADDITION TO 0.183 OF AN ACRE, MORE OR LESS IN SAID DIXON STREET.
APN: 078C- 0438- 019- 01
PARCEL 12:
PARCEL ONE:
BEGINNING AT A POINT ON THE NORTHWESTERN LINE OF COUNTY ROAD NO. 314, ALSO KNOWN AS THE COUNTY ROAD LEADING TO ALVARADO, DISTANT THEREON SOUTH 44° 3V 25" WEST, 840. 61 FEET FROM THE
POINT OF INTERSECTION THEREOF WITH THE SOUTHWESTERN LINE OF COUNTY ROAD LEADING FROM HAYWARD TO THE MISSION OF SAN JOSE; RUNNING THENCE NORTH 420 35' WEST; 935. 6 FEET TO THE ACTUAL POINT OF BEGINNING OF THE HEREIN DESCRIBED PREMISES; THENCE SOUTH 470 25' WEST, 487. 47 FEET; THENCE NORTH 440 12' 30" WEST, 77. 87 FEET, THENCE NORTH 470 25' EAST, 489. 68 FEET; THENCE SOUTH 42° 35' EAST, 77. 84 FEETTO THE ACTUAL POINT OF BEGINNING.
PARCEL TWO:
AN EASEMENT FOR INGRESS AND EGRESSOVER THE EASTERN 10 FEET OF THE PARCELOF LAND DESCRIBED IN THE DEEDFROMMARTINJ. KANDLER, ET LK TO LAWRENCERAMOS, SR., ET AL, RECORDEDOCTOBER14, 1958, IN BOOK 8812 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 389.
APN: 078C- 0435- 002- 01
PARCEL 13:
BEGINNING AT A POINT ON THE NORTHWESTERN LINE OF ALQUIRE ROAD, ALSO KNOWN AS COUNTY ROAD NO. 314, DISTANT THEREON SOUTH 44° 52' WEST 1302. 84 FEET FROM THE INTERSECTION THEREOF, WITH THE SOUTHWESTERN LINE OF NILES ROAD; RUNNING THENCE ALONG SAID LINE OF ALQUIRE ROAD, SOUTH 440 52' WEST 300 FEET TO THE EASTERN LINE OF THE RIGHT OF WAY DESCRIBED IN THE DEED FROM D. VAN NES TO THE WESTERN PACIFIC RAILWAY COMPANY, DATED MARCH 17, 1906, RECORDEDJUNE 23, 1906, IN BOOK 1180 OF DEEDS, PAGE 150, ALAMEDA COUNTY RECORDS, THENCE ALONG THE LAST NAMED LINE NORTH 310 58' WEST 1459. 30 FEET; THENCE SOUTH 44° 20' EAST 1420. 40 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM ALL THAT PORTION OF THE ABOVE DESCRIBED PARCEL OF LAND CONTAINED IN A STRIP OF LAND 41. 00 FEET WIDE, RIGHT ANGLE MEASUREMENTS, LYING NORTHEASTERLY OF AND
CONTIGUOUS TO THE SOUTHWESTERN LINE OF SAID PARCELAS CONVEYED BY DEED TO ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDEDJUNE 10, 1963 IN REEL 905, PAGE 916, SERIES NO. AU- 96861, ALAMEDA COUNTY OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED BY DEED TO ALAMEDA COUNTY FLOOD CONTROLAND WATERCONSERVATIONDISTRICTRECORDEDMARCH7, 1967 IN REEL1926, IMAGE297, SERIES NO. AZ- 20352, ALAMEDA COUNTY OFFICIAL RECORDS.
APN: 083- 0460- 006- 03
PARCEL 14:
BEGINNING FOR REFERENCE AT A POINT IN THE NORTHWESTERLY BOUNDARY LINE OF VALLE VISTA ROAD, FORMERLY COUNTY ROAD NO. 314, DISTANT THEREON 1168, 47 FEET SOUTHWESTERLY FROM THE
SOUTHWESTERLY BOUNDARY LINE OF THE -COUNTY ROAD, NOW STATE HIGHWAY, BETWEEN HAYWARD AND MISSION SAN JOSE, AS THE SAME EXISTED ON DECEMBER 7, 1928; THENCE ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN THE DEED TO THE CITY OF HAYWARD, RECORDEDMAY 5, 1969, IN REEL 2395, IMAGE 909, OFFICIAL RECORDS OF ALAMEDA COUNTY, AND ITS NORTHWESTERLY PROLONGATION N. 41016' 14" W., 407. 86 FEET TO THE TRUE POINT OF COMMENCEMENT; THENCE S. 48° 43' 46" W., 144. 55 FEET TO THE PROPERTY LINE COMMON TO THE LANDS, NOW OR FORMERLY, OF THE FRONTIERS FOR CHRIST, A CALIFORNIA CORPORATION, AND OF THE STATE OF CALIFORNIA; THENCE ALONG LAST SAID LINE S. 4205344" E., 382.29 FEET TO THE NORTHWESTERLY LINE OF SAID CITY OF HAYWARD PARCEL; THENCE ALONG LAST SAID LINE N. 45° 48' 57" E., 39. 68 FEET; THENCE N. 72° 42' 59" W., 79. 78 FEET; THENCEN. 5012'59' W., 230.55 FEETTO SAID PROLONGATION; THENCEN. 41116'14" W., 125.66 FEETTO THE
TRUE POINT OF COMMENCEMENT,
APN: 07SC- 0436- 010- 03
PARCEL IS:
BEGINNING AT A POINT ON THE CENTERLINE OF COUNTY ROAD NO. 7722, KNOWN AS DIXON STREET, AS SAID ROAD IS DESCRIBED IN THE DEEDTO COUNTY OF ALAMEDA, DATED OCTOBER 1, 1933, RECORDED NOVEMBER 16, 1933, IN BOOK 2999 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 130, DISTANT THEREON NORTH 420 35' WEST 460. 82 FEET FROM THE NORTHWESTERN LINE OF COUNTY ROAD NO. 314,
KNOWN AS ALQUIRE ROAD, FORMERLYVALLE VISTA ROAD, AND RUNNING THENCE ALONG SAID LINE OF DIXON ROAD NORTH 420 35' WEST 114 FEET; THENCE SOUTH 47° 25' WEST 225. 05 FEET; THENCE NORTH 42° 35' WEST 171. 12 FEET; THENCE SOUTH 47° 25' WEST 257. 03 FEET TO THE SOUTHWESTERN LINE OF THE 4 ACRE PARCEL OF LAND DESCRIBED, IN THE DEED BY LENA B. NORTON TO ELIZABETH BIDWELL PATTERSON, DATED SEPTEMBER 28, 1935, RECORDEDOCTOBER 9, 1935, IN BOOK 3221 OF SAID OFFICIAL RECORDS, PAGE 223; THENCE ALONG THE LAST MENTIONED LINE SOUTH 440 12' 30" EAST 285. 23 FEET TO A LINE DRAWN SOUTH 470 25' WEST FROM THE POINT OF BEGINNING; THENCE NORTH 471 25 EAST 473. 99 FEET TO SAID POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED TO ROLF RAYMOND HARADER et uX, DATED MARCH 2, 1962, RECORDED MARCH 5, 1962, REEL 528, IMAGE 844 ( AT-28989), ALAMEDA COUNTY RECORDS.
ALSO EXCEPTING THEREFROM ALL THAT PORTION OF THE ABOVE PARCEL LYING NORTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING FOR REFERENCE AT THE SOUTHWESTERLY TERMINUS OF " SOUTH 47° 25' WEST, 225.05 FEET" THENCE ALONG LAST SAID COURSEN 480 43" 46" E, 77. 70 FEET TO THE TRUE POINT OF COMMENCEMENT, THENCE S 6° 40' 00" W, 74. 84 FEET; THENCE S 48° 43' 46" W, 1.96 FEET; THENCE S 41° 16' 14" E, 64. 00 FEET MARCH 30, 1998 INSTRUMENT NO. 105886, ALAMEDA COUNTY RECORDS.
APN: 07SC- 0436- 001- 07 AND 078C- 0435- 006
PARCEL 16:
PARCEL ONE:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERN LINE OF THE STATE HIGHWAY LEADING FROM HAYWARD TO NILES, AS SAID NORTHEASTERN LINE IS DESCRIBED IN THE DEED FROM GEORGE M. HUNKEN, ET UX, TO STATE OF CALIFORNIA, DATED OCTOBER 22, 1929, RECORDED DECEMBER 6, 1929, IN BOOK 2266 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 135, ( Z/ 79205), WITH THE SOUTHEASTERN LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM GEORGE M. HUNKEN, ET UX, TO RICHARD J. MURPHY, ET - AL., DATED JANUARY 10, 1931, RECORDEDJANUARY 16, 1931, IN BOOK 2489, OF SAID OFFICIAL RECORDS, PAGE 417, ( BB/ 2964), RUNNING THENCE ALONG SAID NORTHEASTERN LINE OF SAID STATE HIGHWAY; SOUTHEASTERLY 116. 01 FEET TO THE SOUTHEASTERN LINE OF THE PARCELOF LAND DESCRIBED IN THE DEED FROM JOSEPH E. COSTA, ET UX, TO GEORGE M. HUNKEN, DATED FEBRUARY 26, 1929, RECORDED FEBRUARY 28, 1929, IN BOOK 2032 OF SAID OFFICIAL RECORDS, PAGE 281, ( Z/ 14150); THENCE ALONG SAID LAST MENTIONED LINE, NORTHEASTERLY 351. 88 FEET, MORE OR LESS, TO THE NORTHEASTERN LINE OF THE PARCEL OF LAND DESCRIBED IN SAID LAST MENTIONED DEED; THENCE ALONG SAID LAST MENTIONED LINE, NORTHWESTERLY 116. 01 FEET TO THE SOUTHEASTERN LINE OF THE PARCELOF LAND DESCRIBED IN SAID DEED TO RICHARD J. MURPHY, ET AL., ABOVE REFERREDTO; AND THENCE ALONG SAID LAST MENTIONED LINE, SOUTHWESTERLY 351. 88 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
PARCEL TWO:
AN EASEMENT APPURTENANT TO PARCEL i HEREIN DESCRIBED, FOR INGRESS AND EGRESS, SEWER AND ALL PUBLIC UTILITY PURPOSES, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEASTERN LINE OF THE COUNTY ROAD LEADING FROM HAYWARD TO NILES, KNOWN AS MISSION BOULEVARD, AS SAID. ROAD EXISTED PRIOR TO THE WIDENING THEREOF, BY DEED TO THE STATE OF CALIFORNIA, DATED OCTOBER 11, 1929, HEREINAFTER REFERRED TO, DISTANT THEREON, NORTH 42° 45' WEST, 1308. 186 FEET FROM THE POINT OF INTERSECTION THEREOF, WITH THE MOST WESTERN CORNER OF VALLE VISTA SCHOOL LOT, SO CALLED; RUNNING THENCE NORTH 47015' EAST, 485. 48 FEET; THENCE NORTH 42. 45' WEST, 30 FEET; THENCE SOUTH 47° 15' WEST, 485. 48 FEET TO SAID LINE OF MISSION BOULEVARD; AND THENCE, ALONG THE LAST NAMED LINE, SOUTH 42145' EAST, 30 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHWESTERN 23. 7 FEET, MORE OR LESS, AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEED DATED OCTOBER 11, 1929, RECORDED NOVEMBER 29, 1929, IN BOOK 2248, OF OFFICIAL RECORDS OF ALAMEDA COUNTY, AT PAGE 242.
APN: 078C- 0455- 004
PARCEL 17:
PORTION OF THE TRACT OF LAND CONTAINING 1- 1/ 2 ACRES, MORE OR LESS, DESCRIBED IN THE DEED TO GEORGE M. HUNKEN, RECORDED FEBRUARY28, 1929, BOOK 2032, OFFICIAL RECORDS, PAGE 381, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERN BOUNDARY LINE OF SAID TRACT OF
LAND, WITH THE NORTHEASTERN LINE OF MISSION BOULEVARD, FORMERLYKNOWN AS THE STATE
HIGHWAY, LEADING FROM HAYWARD TO NILES, AS SAID NORTHEASTERN LINE IS DEFINED IN THE DEEDTO THE STATE OF CALIFORNIA, RECORDED DECEMBER 6, 1929, IN BOOK 2266, OFFICIAL RECORDS, PAGE 135; RUNNING THENCE SOUTHEASTERLY ALONG SAID LINE OF MISSION BOULEVARD, 58. 005 FEET; THENCE
NORTHEASTERLY, PARALLEL WITH SAID NORTHWESTERN BOUNDARY LINE OF THE TRACT OF LAND DESCRIBED IN SAID DEED TO GEORGE M. HUNKEN, 351. 88 FEET, MORE OR LESS, TO THE NORTHEASTERN BOUNDARY LINE OF SAID TRACT, THENCE NORTHWESTERLY ALONG THE LAST NAMED LINE, 58. 005 FEETTO THE NORTHWESTERN BOUNDARY LINE OF SAID TRACT; THENCE SOUTHWESTERLY ALONG THE LAST NAMED LINE, 351. 88 FEET TO THE POINT OF BEGINNING.
APN: 078C- 0455- 003
PARCEL 18:
PARCEL ONE:
COMMENCING AT A POINT ON THE NORTHEASTERN LINE OF THE COUNTY ROAD LEADING FROM HAYWARD
TO NILES, KNOWN AS MISSION BOULEVARD, AS SAID ROAD EXISTED PRIOR TO THE WIDENING THEREOF BY DEED TO THE STATE OF CALIFORNIA, DATED OCTOBER 11, 1929, RECORDED NOVEMBER 29, 1929, IN BOOK 2248 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, AT PAGE 242, DISTANT THEREON NORTH 420 45' WEST 1338. 186 FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE MOST WESTERN CORNER OF VALLE VISTA SCHOOL LOT, SO CALLED; RUN THENCE NORTH 471 15' EAST 375. 48 FEET TO THE ACTUAL POINT OF BEGINNING; AND RUNNING THENCE NORTH 470 15' EAST 110 FEET; THENCE NORTH 42° 4T WEST 232. 02 j FEET; THENCE SOUTH 47° 15' WEST 110 FEET; AND THENCE SOUTH 42° 45' EAST 232. 02 FEET TO THE ACTUAL POINT OF BEGINNING.
PARCEL TWO:
AN EASEMENT FOR INGRESS AND EGRESS, SEWER AND ALL PUBLIC UTILITY PURPOSES, AS APPURTENANT TO AND FOR THE BENEFIT OF PARCEL 1 ABOVE DESCRIBED, IN, UNDER, OVER AND ALONG A STRIP OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEASTERN LINE OF THE COUNTY ROAD LEADING FROM HAYWARD TO
NILES, KNOWN AS MISSION BOULEVARD, AS SAID ROAD EXISTED PRIOR TO THE WIDENING THEREOF BY DEED TO THE STATE OF CALIFORNIA, DATED OCTOBER 11, 1929, HEREINAFTER REFERRED TO, DISTANT j THEREON NORTH 420 45' WEST 1308. 186 FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE MOST WESTERN CORNER OF VALLE VISTA SCHOOL LOT, SO CALLED; RUNNING THENCE NORTH 470 IS' EAST 485. 48 FEET; THENCE NORTH 420 45WEST30 FEET; THENCESOUTH 470 15 WEST485. 48 FEETTO SAIDLINE OF MISSIONBOULEVARD; AND THENCEALONG THE LAST NAMEDLINE SOUTH420 45' EAST30 FEETTO THE POINTOF BEGINNING. EXCEPTING
THEREFROM, THE SOUTHWESTERN23. 7 FEET, MORE OR LESS, SO CONVEYEDTO THESTATEOF CALIFORNIA BY DEEDDATED OCTOBER11, 1929, RECORDEDNOVEMBER 29, 1929, IN BOOK2248 OF OFFICIAL RECORDS OF ALAMEDACOUNTY, AT PAGE242. APN:
07SC- 0455- 005- 02 PARCEL
19: BEING
A PORTIONOF THEPARCELOF LANDDESCRIBEDIN THEDEEDFROM THE ALAMEDACOUNTY FLOOD CONTROL AND WATERCONSERVATIONDISTRICT TO THECITY OF HAYWARDRECORDED Q- 16 - Q " j r 2018, UNDERRECORDER'S SERIESNO. 2018- ,-'`` ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNIG
AT A POINTLYING ON THEWESTERLYLINE OF SAIDLANDSOF THECITY OF HAYWARD, FROM WHICH THE SOUTHWESTERLYCORNER THEREOF DEARS SOUTH 300 55' 21" EAST23. 50 FEET; 1.
THENCENORTH 300 55' 21" WST652. 84 FEETALONGLAST SAID LINE; 2.
THENCENORTH 090 22' 21" EAST111. 62 FEETTO THEEASTERLYLINE OF THELANDSOF THECITY OF HAYWARD;
3. THENCESOUTH 300 55' 21 EAST744. 99 FEETALONGLAST SAID LINE; 4.
THENCESOUTH 430 11' S6" WEST42. 63 FEETTO THEPOINTOF BEGINNINGPORTION OF APN: 083- 0460-011 PARCEL
20: BEING
A PORTIONOF THEPARCELOF LANDDESCRIBEDIN TUEDEEDFROM THE SAN FRANCISCOBAY AREATRANSIT DTTRIC T, 0 THECITY OF HAYWARD, RECORDED " Y) 2018, UNDERRECORDER'S SERIESNO 2018- C( ,
ALAMEDA
COUNTY RECORDS, DESCRIBED AS FOLLOWS: BEGINNING
AT A POINTON THEEASTERLYLINE OF THELANDSOF THECITY OF HAYWARD, FROM WHICHTHE SOUTHWESTERLYCORNER BEARS SOUTH 300 55' 21" EAST23. 50 FEET; 1.
THENCESOUTH 430 11' S6" WEST9. 77FEETTO THEBEGINNINGOF A CURVECONCAVENORTHWESTERLYAND HAVINGA RADIUSOF 1700.00 FEET; 2.
THENCEWESTERLY80. 47 FEETALONGSAID CURVETHROUGHA CENTRALANGLE OF 20 42' 43" TO A LINETHAT IS PARALLELWITH AND 18. 50 FEETNORTHERLYOF THESOUTHERLYLINE OF SAIDLAND OF THECITY OF HAYWARD;
ITHENCE SOUTH 450 54' 39" WEST 107. 76FEETALONGSAID PARALLELLLINE TO THEWESTERLYLINE OF SAID LANDSOFTHE CITYOFHAYV04RD> kTHENCENORTH
21046O7" WEST S2G. 51FEETALONGLASTSAIDLINE TDTHESOUTHEASTERLY LINE OF' i THATCERTAIN EASEMENTDEED TDALAMEDACOUNTY FLOODCONTROL AND WATERDONSERVARON ' | i Dl3TR7CTKBZ]RDEDMAY5, 1971ONREEL2843,ATlMAGES98,OFFIC{ ALRECOKDSOFALAMEDACOQNTY| S.
THENCENORTR28^46' O1" EAST56. O1ALONQTHENORTHEASTERLYPROLONEATIONOPLASFSAIDLINB6.
THENCENORTH 09022' 21" WEST
163.69 FEET TO THE EASTERLYLINE OF THELANDSOF THE CITY OF H/ Q0AARD; 7. THENCESOUTH300 SS' 21" EAST
652.84 ALONG LASTSAIDLINETO THE POINTOF BEGINNING. PORTIONOPAPN/U83-O46U-01U ' EXHIBIT 2
PROJECT SITE MAP
Exhibit 2- 1
163\ 31\ 2546843. 15
L- IN6
PEII
it
DESTRIAN-7
BRIDGES
n 2r Ir
PAR• CEL J -
L
TRACT 8444,
LEGEND
ACFC CHANNEL
PARCEL
qq
VA,
0 ' DRAINAGEEASEMENT.
IN FAVOROF
CONSTRUCTIONAND
GENERALLABORERS
LOCAL304
E:iiSii................
PARCEL
1; 00 1
CONSTRUCTIONh GENERAL -
LABORERSUNIONLOCAL #304-
iA
OIBC-10433-011-02
MAINTENANCE ACCESS EASEMENT ( MAE)
NOTE
TRACT6426TO ACFC ( SEE NOTE 1 ; e portion of Parcel J 1 MAE PROVDES ACCESS FOR ACFC TO encumbered by the Ltheisalsocalled "MAE Parcel" MAINTAIN THEIR ADJACENTCHANNEL. FEE PARCELTO ACFC (PARCEL1) THE MAE IS INSTALLEDAS PARTOF THESOHAY PARK TO BE MAINTAINEDBY ACFCPARK IMPROVEMENTPLANS. PUBLIC
PARK ( PARCELQ IMPROVEMENT
AGREEMENT CITY
OF HAWARDALAMEDA COUNTY CALIFOR- NLk DATE
AUGUST 2019 SCALE: PUBLIC
PARK ( PARCELJ) SHEETNO.
SAN
RAMON ( 925) 866- 0322 PEDESTRIAN
BRIDGE SACRAMENTO (
916) 375- 1877 Fc7bg
i EASEMENT
CIVIL ENGINEERS - SURVEYORS - PLANNERS OF 2 SHEETSF,.\
2616-0101ACADIEXHIBITS\XB- TRACT8428 & 8447 PARKIMPROVEMENTAGREEMENT. DWG NELSON
APN 078C-
C&& TS -z'' 0435-1-15
o '- APN 078C-,-\
8 1;, 6 ' 1 -- f 0435- 5- 20- TOTAL
o
INDUSTRIA
Z
PARKWAY, LLCo
1 _ 71 TRACT 3469 ( 78 M- 36)
j
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AFN 078C- 436- 10- iC' a)
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PARCEL
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TRACI, 8447
141TRAIL EASEMENTqnTTAV PARY
IMPROVEMENT AGREEMENT
CITY OF HAYWARD ALAMEDA COUNTY CALIFORNIA
DATE: AUGUST 2019 SCALE: I"= 150'
SAN RAMON ( 925) 866- 0322
SACRAMENTO ( 916) 375- 1877
CIVIL ENGINEERS - SURVEYORS - PLANNERS
LEGEND
PARCEL J
TRAIL EASEMENT
PUBLIC PARK LAND
OBLIGATION PER PROJECT
CONDITIONS OF APPROVAL
TRACT AREA( ACREAGE)
8428 1.9±
8447 0. 7±
2. 6±
F: 12616- 0101ACADkEXHISITSIXB- TRACT 8428 & 8447 PARK IMPROVEMENT AGREEMENT. DVN EXHIBIT 3
OFFERS OF DEDICATION
Exhibit 3- 1
163\ 31 \ 2546843. 15
zar
DIVIDER
PAGE
Irrevocable offer to Dedicate
ACFC Channel)
So - Hay to City/ ACFC
54606- 1429235
RECORDING REQUESTED BY
Morth American Title
AND WHEN RECORDED MAIL. DOCUMENT TO:
NMF City of Hayward
sir
777 B Street
AOC"114Hayward, CA 94541
dlY, BTATES Attn: City ManagerAP CODE
EXEMPTFROMRECORDINGFEESPER
GOVERNMENTCODE §§6103, 27383
CERTIFIED ATRUE COPY OF THE ORIGINAL
RECORDED IN THE OFFICIAL RECORDS OF
SAID COUNTY ON AlaMeaja
Under Recordets Serial No. 2018152497
NORTH AMERICAN TITLE COMPANY, INC.
SY
KDover
IRREVOCABLE OFFER TO DEDICATE ( ACFC CHANNEL)
Title of Document
Pursuant to Senate Bill 2 — Building Homes and Jobs Act ( GC Code Section 27388. 1), effective January 1, 2018, a fee of seventy- five dollars ($ 75.00) shall be paid at the time of recording of every real estate Instrument, paper, or notice required or permitted by law to be recorded, except those expressly exempted from payment of recording fees, per each single transaction per parcel of real property. The fee Imposed by this section shall not exceed two hundred twenty- five dollars 225. 00).
Exempt from the fee per GC 27388.1 (a) (2); This document is subject to Documentary Transfer Tax Exempt from fee per GC 27388.1 (a) (2); recorded concurrently " in connection with" a transfer subject to the imposition of documentary transfer tax ( DTT).
Exempt from fee per GC 27383.1 (a) (2); recorded concurrently " In connection with" a transfer of real property that is a residential dwelling to an owner -occupier.
Exempt from fee per GC 27388.1 (a) (1); fee cap of $225.00 reached.
Exempt from the fee per GC 27388. 1 (a) (1); not related to real property.
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
3.00 Additional Recording Fee Applies)
Recorded at Request of -
City of Hayward and
When Recorded Mail to and
Mail Tax Statements to:
City of Hayward
777 B Street
Hayward; California 94541
Attn: City Manager
APN No. ( SEE LEGAL ATTACHED)
THE AREA ABOVE IS RESERVED FOR RECORDER' S USE
This Irrevocable . Offer to Dedicate is
recorded at the request and for the benefit
of the City of Hayward andis exempt from
the payment of a recording feepursuant to
Government Codd Sections 27383, and
27388. l( a)(1)(D) andpayment of
documentary transfer tax pursuantto
Revenue and Taxation Code Section 11922.
IRREVOCABLE OFFER TO DEDICATE
ACFC Channel)
August 02
THIS IRREVOCABLE OFFER TO DEDICATE is made asof4tAy / 2018 by SoHay - Hayward, LP., aDelawarelimited partnership (the "Owner").
WHEREAS, William Lyon Homes, Inc., a California corporation (" Lyon") andthe City of Hayward, aCalifornia chartercity ("City"), previously enteredinto that certain Purchaseand SaleAgreement dated May 16, 2017, as suchmay be amendedfrom time to time (the "Purchase Agreement").
WHEREAS, Lyon assigned the Purchase Agreement to the Owner, on or before the date hereof.
WHEREAS, pursuant to the terms of the PurchaseAgreement, the City has conveyedto Owner 1) the real property described on Exhibit A- 1 attachedhereto (the "Development Property"), and (2) the real property described on ExhibitA- 2 attachedhereto (the "Park Property"), The DevelopmentPropertyandtheParkPropertyaretraversedby aflood controlchannelasdepicted on the site trap shown on Exhibit B (the "ACFC Channel"). 1 163UIM96926. 8
WHEREAS, in considerationfor theexecutionof thePurchaseAgreement, asassigned, the OwnerhasagreedtodedicatetheACFCChanneltotheCityortheCity'sdesigneeasprovided herein.
WHEREAS, Ownerherebyagreesto irrevocablyoffer for dedicationthefeeinterestin the ACFCChanneltotheCityortotheCity'sdesignee, asgenerallydepictedon: theattachedsite map and -on the terms and. conditions set forth below,
NOW, THEREFORE, incorporatingtheforegoingrecitals, theOwnerdoesherebydesignateand setasideforfuture -useasdescribedheretoandirrevocablyoffertodedicatetotheCityorthe City'sdesignee (theAlamedaCountyFlood ControlandWaterConservationDistrict ACFC")), Thetitle totheACFCChannel, asgenerallydepictedontheattachedsitemap, reserving therefrom: ( 1) ) a non-exclusive, assignable, easementfor sewer purposeson, over, acrossandwithin thoseportionsof theACFCChannelasgenerallydepictedontheattachedsite map (the "Sewer Easement Area"), including without limitation rights of accessthereto, for the purposesof connecting to and the construction, maintenance, repair, reconstruction, maintenance anduseof all existing sewerfacilitiesandanyadditionalsewerfacilitieswithin theSewer Easement Area ( the " Server Easement") in connection with the development and -use of the DevelopmentProperty; and (2) anon-exclusive, assignable, easementandright-of-wayfora pedestrianandbicycle bridgeandwalkwayandwaterpipelineon, over, acrossandwithin those portionsofthe.ACFC Channelasgenerallydepictedontheattachedsitemap (the xidge/Walkway Area"), includingwithoutlimitation rightsof accesstheretofor purposesof construction, maintenance, repairandreconstructionof suchbridgeandwalkwayandwater pipeline thereon by Owner, its successorsand assigns, agentsandrepresentativesandfor operationandusethereof (the "BridgelWaUtwayEasement") byOwner, itssuccessorsand assigns, inviteesandmembersof thepublicin connectionwith ingressandegressandaccessto andfromtheParkProperty. Theoffer of dedicationmadehereinis subjectto theexpress conditionthatthis offer of dedicationmaynotbeacceptedprior to July31, 2019.
The precise area to be dedicatedasthe ACFC Channel, the SewerEasementArea andthe Bridge/Walkway Area under this Agreement may be further refined through the recordation of a final map. The area to be dedicatedasthe ACFC Channel under this Agreement must be interpreteddin amannerthatis consistentwiththerecordedfinalmap; providedhowever, if there isanyconflictbetweenthetermsofthisAgreementandtherecordedfinalmap (asit relates . solelyto theareadefinedastheACFCChannelortheeasementsareas), therecordedfinalmap shallcontrolandcompliancewiththetermsofdedicationundertherecordedfinalmapshall constitute compliance with the terms of this Agreement.
ThisIrrevocableOffer to Dedicateshallcontinuein full forceandeffectuntil City Councilor if directedby theCity thegoverningboardof theCity's designeeacceptssuchoffer or if theoffer to dedicateunderthefinal mapis acceptedasprovidedthereunder. Thededicationof theACFC Channel shall be deemed to be completed upon acceptanceof this irrevocable Offer to Dedicate by theCity Council, or if directedby theCity thegoverningboardof theCity'sdesignee, orif theoffer to dedicateunderthefinalmap is acceptedasprovidedthereunder.
Signature Page Follows]
2 16M 1\2396926. 8
IN WITNESS WHEREOF, Owner has caused this Irrevocable Offer to Dedicate to be executed as of the day and year first abovewritten.
i
OWNER:
SOHAY - HAYWARD, L. P.,
a Delaware limited partnership
By. NP- HS LOJV OP II, LLC,
a Delaware limited liability company
General Partner
By: NP- HS LOT OPTION JOINT VENTURE 11, LLC,
a Delaware limited liability company
Sole Member
By: HEARTHSTONE PROFESSIONALS — PI, L. P.,
a Delaware limited partnership
By: i
Steven C. Porath
Authorized Person
Date: August 02, 2018
S- 1
A notarypublic or otherofficer completingthis certificateverifiesonly the identity of the individual who signedthe document to which this certificate is attached, andnot thetruthfulness, accuracy, or validity of thatdocument.
STATE OF CALIFORNIA )
COUNTY OF b) , 41U 6ZHS )
On 4JOLA( . 3o Q0I V , before me, t ( R L- T t', t` , Notary Public, personallyappeared S L4L—yQ C . (} C` 1 t #1 , who proved to me on the basisof satisfactoryevidencetobetheperson(s) whosename(Wis/ar-e-subscribedtothewithin instrumentandacknowledgedto methathe/sW4heyexecutedthesamein his/her eir authorizedcapacitAlm), andthatbyhis/her/theirsignaturc(4 ontheinstrumenttheperson(, or the entity upon behalf of which the person{} acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraphis true and correct.
WITNESS my hand and official seal.
NotaryFu6Gc - qali(ntltila Y
LQatM0a Qm1y Name: Comnisa n # ? PQtt77
myComm. UP* w 2.414?1 Notary Public
1.G3\ 3M- 39b926. 8
EXHIBIT A - I
DEVELOPMENT PROPERTY LEGAL DESCRIPTION
All of therealpropertyin theCity of Hayward, Countyof Alameda, Stateof California, described as follows:
APN: ( SEE LEGAL ATTACHED)
163\ 31\ 2396926. 8
Exhibit A
PARCELI: PORTION
OF THETRACTOF LANDCONVEYEDTO HAYWARDINVESTMENTCOMPANY, BY DEEDRECORDEDJULY 10, 1913, BOOK 2166 DEEDS, PAGE 438, DESCRIBEDAS FOLLOWS: BEGINNING ON THESOUTHWESTLINE OF MISSIONBOULEVARDAS THESAMEEXISTEDPRIOR TO OCTOBER29, 1929, DISTANTTHEREONNORTH 42° 35' WEST, 1963. 76 FEETFROMTHE INTERSECTIONTHEREOF WITH THE NORTHWESTLINE OF COUNTY'ROAD NO. 314; THENCEFROM SAID POINTOF BEGINNING, SOUTH 47025' WEST 345. 69 FEET; THENCENORTH 42° 35` WEST, 63. 00 FEET; THENCENORTH 47025' EAST, 345. 69 FEETTO THE AFORESAIDSOUTHWEST LINE OF MISSIONBOULEVARD; THENCE SOUTH 42035' EAST, 63. 00 FEETTO THE POINTOF BEGINNING. EXCEPTING
THEREFROM: THE INTERESTCONVEYEDTO THESTATEOF CALIFORNIABY INSTRUMENTRECORDED DECEMBER 16, 1929, BOOK 2254 OR, PAGE290, " FOR HIGHWAYPURPOSES". APN:
078C- 0447- 003- 01 PARCEL
2: PORTION
OF THETRACTCONVEYEDBY A. W. MC COY, ET UX, TO HAYWARDINVESTMENTCOMPANY BY DEEDDATED MARCH 22, 1913AND RECORDEDJULY 10, 1913IN BOOK2166 OF DEEDS, AT PAGE438, IN THEOFFICE OF THECOUNTYRECORDEROF ALAMEDACOUNTY, DESCRIBEDAS FOLLOWS: BEGINNING
AT A POINTON THESOUTHWESTERNLINE OF THECOUNTYROAD LEADINGFROM HAYWARDTO THE
MISSIONOF SANJOSE, NOW STATEHIGHWAY, AS THESOUTHWESTERNLINE OF SAIDCOUNTYROAD, EXISTED ON OCTOBER28, 1929, DISTANTTHEREONNORTH 42° 35' WEST1900. 76 FEETFROMTHE INTERSECTION THEREOF WITH THE NORTHWESTERNLINE OF COUNTYROAD NO. 314 ANDRUNNINGTHENCE SOUTH 47025' WEST 345. 69 FEET; THENCENORTH 42. 35' WEST63. 00 FEET; THENCENORTH 47025' EAST 345. 69 FEETTO THESOUTHWESTERNLINE OF SAIDCOUNTYROAD LEADINGFROM HAYWARDTO THEMISSION OF SANJOSE; THENCEALONG THE LASTNAMEDLINE, SOUTH42035' EAST 63. 00 FEETTO THEPOINT OF BEGINNING. EXCEPTING
THEREFROMTHAT PORTIONTHEREOF CONVEYEDTO THESTATEOF CALIFORNIAFOR HIGHWAYPURPOSES BY DEEDFROM CHARLESH. GIBBS, A SINGLEMAN, DATEDOCTOBER29, 1929AND RECORDEDDECEMBER 16, 1929IN BOOK2254 OF OFFICIALRECORDS OF ALAMEDACOUNTY, AT PAGE290. APN:
078C- 0447- 003- 02 PARCEL
3: BEGINNING
AT THEPOINTOF INTERSECTIONOF THECENTERLINE OF VALLEVISTA AVENUE55 FEETWIDE, FORMERLY COUNTY ROAD NO. 1773WITH THE NORTHEASTERNLINE OF THEPARCELOF LANDDESCRIBEDIN THE DEEDBY ILTHEM. GREGG, AS THEET UX, OF THEESTATEBUNICE NOLAN, DECEASED, TO ORVILLEL. OLSON AND WIFE, DATED OCTOBER14, 1948, AND RECORDEDOCTOBER 25, 1948, IN BOOK5639, OF OFFICIAL RECORDS, PAGE 319, RECORDEDSERIES NO. AC/ 81771; RUNNINGTHENCE ALONG SAID NORTHEASTERN LINE: NORTH43045' WEST 252. 02 FEET; THENCESOUTH 4702T WEST 75. 99 FEETTO THESOUTHWEST OF SAIDNOLANPARCEL; THENCE ALONG THE LAST MENTIONEDLINE SOUTH42035' EAST 252. 02 FEETTO THECENTEROF VALLEVISTA AVENUE; THENCE ALONG THE LAST MENTIONEDLINE NORTH47025' EAST 75. 99 FEET" TO THE POINTOF BEGINNING. APN:
078C- 0447- 006- 02 PARCEL
4:
BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERN LINE OF THE STATE HIGHWAY
BETWEEN HAYWARD TO NILES, AS SAID LINE IS ESTABLISHED IN THE DEED TO THE STATE OF CALIFORNIA, DATED NOVEMBER 8, 1929 AND RECORDED DECEMBER 21, 1929 IN BOOK 2280 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 108, WITH THE SOUTHEASTERN LINE OF VALLE VISTA AVENUE, AS DESCRIBED IN THE DEED TO COUNTY OF ALAMEDA, DATED OCTOBER 2-3, 1933, AND RECORDED NOVEMBER 13, 1933 IN BOOK 2992 OF OFFICIAL RECORDS, PAGE190; RUNNINGTHENCEALONGSAID LINE OF SAID STATEHIGHWAY SOUTH 420 41' EAST, 79. 40 FEET; THENCE SOUTH 470 25' WEST, 325. 28 FEET TO THE SOUTHWESTERN LINE OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM THELMA G. ROGERS TO ODES L. WINGO AND WIFE DATED MARCH 2-2, 1946 AND RECORDED APRIL 6, 1946 UNDER RECORDER'S SERIES NO. TTj27630 IN THE I OFFICE OF THE COUNTY RECORDER OF ALAMEDA COUNTY; THENCE ALONG THE LAST MENTIONED LINE ; NORTH 420 35' WEST, 79. 40 FEET TO SAID LINE OF VALLE VISTA AVENUE; THENCE ALONG LAST MENTIONED LINE NORTH 470 25' EAST, 325. 14 FEET TO THE POINT OF BEGINNING.
APN: 078C- 0438- 006
PARCEL 5:
BEGINNING AT A POINT IN THE CENTER LINE OF VALLE VISTA AVENUE KNOWN AS COUNTY ROAD N0. 7723 DISTANT THEREON S. 470 25' W., 345. 69 FEET FROM THE SOUTHWESTERN LINE OF THE ROAD LEADING FROM HAYWARD TO NILES KNOWN AS COUNTY ROAD NO. 89 AS SAID ROAD EXISTED PRIOR TO THE ESTABLISHMENT THEREOF AS A STATE HIGHWAY, 100' WIDE; RUNNING THENCE S. 420 35' E., 25. 00 FEET TO THE ACTUAL POINT OF COMMENCEMENT, BEINGON THE SOUTHEASTERNLINE OF SAID VALLEVISTA AVENUE; THENCE ALONG THE SAID SOUTHEASTERN LINE OF VALLE VISTA AVENUE S. 470 25' W., 134. 425 FEET; ' THENCE S. 420 35' E., 327. 82 FEET; THENCE N. 470 25' E., 134. 425 FEET; THENCE N. 420 35' W., 327. 82 FEET TO THE ACTUAL POINT OF COMMENCEMENT.
APN: 078C- 0438- 005
PARCEL 6:
BEGINNING AT A POINT ON THE SOUTHWESTERN LINE OF THE STATE HIGHWAY BETWEEN HAYWARD AND NILES, AS SAID LINE IS ESTABLISHED IN THE DEED TO THE STATE OF CALIFORNIA, DATED NOVEMBER 8, 1929, AND RECORDEDDECEMBER21, 1929, IN BOOK22801 OF OFFICIAL RECORDSOF ALAMEDACOUNTY, PAGE 108, DISTANT THEREON SOUTH 42° 41' EAST, 79. 40 FEET FROM THE POINT OF INTERSECTION
THEREON, WITH THE SOUTHEASTERN LINE OF VALLE VISTA AVENUE, AS DESCRIBED IN THE DEED TO THE COUNTY, OF ALAMEDA, DATED OCTOBER 23, 1933 AND RECORDED NOVEMBER 13, 1933 IN BOOK 2992 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 190; RUNNING THENCE ALONG SAID LINE OF SAID STATE HIGHWAY, SOUTH 42- 41' EAST ( THE BEARING OF SAID LINE OF SAID STATE HIGHWAY BEING GIVEN AS SOUTH 420 17' EAST IN SAID DEED TO THE STATE OF CALIFORNIA), 199. 64 FEET; THENCE SOUTH 47° 25' WEST, PARALLEL WITH SAID LINE OF VALLE VISTA AVENUE, 325. 60 FEET TO THE SOUTHWESTERN LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN THE DEED FROM THELMA C. ROGERS TO ODES L. WINGO AND WIFE, DATED MARCH 22, 1946, RECORDED APRIL 6, 1946, UNDER RECORDER'S SERIES NO. TT- 27630, ALAMEDA COUNTY RECORDS; THENCE ALONG THE LAST MENTIONED LINE NORTH 421 35' WEST, 199. 64 FEET TO A LINE DRAWN SOUTH 470 25' WEST FROM THE POINT OF BEGINNING; THENCE ALONG THE LINE SO DRAWN NORTH 470 25' EAST, 325. 28 FEET TO THE POINT OF BEGINNING.
CONTAINING 1. 49 ACRES, MORE OR LESS.
APN: 078C- 0438- 007
PARCEL 7:
BEGINNING AT A POINT ON THE SOUTHWESTERN LINE OF MISSION BOULEVARD, FORMERLY THE STATE
HIGHWAY BETWEEN HAYWARD AND NILES, AS SAID LINE WAS ESTABLISHED IN THE DEED TO THE STATE OF CALIFORNIA DATED NOVEMBER 8, 1929, RECORDED DECEMBER 21, 1929 IN BOOK 7-280 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 108, DISTANT THEREON SOUTH 42° 41' EAST ( THE BEARING OF SAID LINE IN SAID DEED TO THE STATE OF CALIFORNIA BEING GIVEN AS SOUTH 420 17' EAST) 279. 04FEET FROM
THE POINT OF INTERSECTION THEREOF ITH THE SOUTHEASTERN LINE OF VALLE VISTA AVENUE, AS SAID AVENUE IS DESCRIBED IN THE DEED TO THE COUNTY OF ALAMEDA, DATED OCTOBER 23, 1933, RECORDED NOVEMBER 13, 1933 IN BOOK 2992 OF OFFICIAL RECORDS, PAGE 190; RUNNING THENCE ALONG SAID SOUTHWESTERN LINE OF MISSION BOULEVARD, SOUTH42° 41' EAST 100 FEETTO THE NORTHWESTERNLINE OFTHE PARCELOF LAND DESCRIBEDIN THE DEED FROMODESL. WINGO AND HAZELWINGO, HIS WIFE, TO LENA GUNSLEY, DATEDJUNE 7, 146, RECORDEDJUNE 8, 1946 IN BOOK 4870 OF OFFICIALRECORDS, PAGE 411; THENCE ALONGTHE LAST MENTIONED LINE SOUTH471 2TWEST325. 77 FEETTO THEMOSTWESTERNCORNER OF SAIDGUNSLEY'S LAND; THENCENORTH 420 35' WEST100 FEETUNTILINTERSECTEDBY A LINEDRAWN SOUTH 470 2T WESTFROM THE POINTOF BEGINNING; THENCE ALONG THE LINESO DRAWN, NORTH 470 25' EAST325. 60 FEETTO THE POINTOF BEGINNING. APN:
078C- 0438- 008 PARCEL
8: BEGINNING
AT A POINTON THESOUTHWESTERNLINE OF MISSIONBOULEVARD, FORMERLY THE STATEHIGHWAY
BETWEEN HAYWARD AND NILES, AS SAIDLINE IS ESTABLISHEDIN THEDEEDTO THESTATEOF CALIFORNIA, DATED NOVEMBER8, 1929AND RECORDEDDECEMBER21, 1929IN BOOK2280 OF OFFICIALRECORDS OF ALAMEDACOUNTY, PAGE 108, DISTANTTHEREONSOUTH 420 41' EAST (THE BEARINGOF SAIDLINE IN SAIDDEED TO THESTATEOF CALIFORNIABEING GIVEN AS SOUTH42° 1T EAST) 379. 04 FEETFROMTHE
POINTOF INTERSECTIONTHEREOF WITH THE SOUTHEASTERNLINE OF VALLEVISTA AVENUE, AS SAIDAVENUE IS DESCRIBEDIN DEEDTO THECOUNTYOF ALAMEDA, DATED OCTOBER23, 1933, AND RECORDEDNOVEMBER 13, 1933IN BOOK2992 OF OFFICIALRECORDS OF ALAMEDACOUNTY, PAGE 190, RUNNINGTHENCE ALONG THE SAIDSOUTHWESTERNLINE OF MISSIONBOULEVARDSOUTH 420 41' EAST100. 00 FEETTO THESOUTHEASTERNLINE OF THEPARCELOF LANDDESCRIBEDIN THEDEEDFROM CLANTONV. ROGERSTO THELMAC. ROGERS, DATED MARCH25, 1924AND RECORDEDAPRIL 15, 1924IN BOOK692 OF OFFICIALRECORDS OF ALAMEDACOUNTY, PAGE 176, THENCEALONG THE SAID LAST MENTIONEDLINE SOUTH47° 25' WEST 325. 94 FEETTO A POINTON A SOUTHWESTERNLINE OF SAIDROGERSPARCEL OF LAND; THENCEALONG THE SAID LAST MENTIONEDLINE AND ITS DIRECTPRODUCTIONNORTH 420 35` WEST100. 00 FEETUNTIL INTERSECTEDBY A LINEDRAWNSOUTH 470 25' WESTFROM THE POINTOF BEGINNING; THENCE ALONG THE LINE SO DRAWNNORTH 470 25' EAST325. 77 FEETTO THEPOINTOF BEGINNING. APN:
078C- 0438- 009 BEGINNING
AT A POINTON THESOUTHWESTERNLINE OF THESTATEHIGHWAY, FORMERLY THE COUNTYROAD,
RUNNINGFROM HAYWARDTO MISSIONSAN JOSE, AS THESAMEEXISTEDPRIOR TO THEWIDENINGTHEREOF ON NOVEMBER29, 1929, BY DEEDFROM WILLIAMF. FI' iZGERALDTO THESTATEOF CALIFORNIA, RECORDED DECEMBER 11, 1930IN BOOK2517 OF OFFICIALRECORDS OF ALAMEDACOUNTY, PAGE 97, DISTANT THEREON NORTH 420 35' WEST1144, 70 FEETFROMTHE NORTHWESTERNLINE OF COUNTYROAD NO. 314; RUNNINGTHENCE SOUTH 470 25' WEST345. 69 FEET; THENCENORTH 421 35' WEST126. 01 FEET; THENCE NORTH 470 25' EAST345. 69 FEETTO A POINTON THESAID SOUTHWESTERNLINE OF SAIDCOUNTYROAD RUNNINGFROM HAYWARDTO MISSIONSAN JOSE, AND THENCESOUTH 42° 35 EASTALONGTHE LASTLINE 126. 01 FEETTO THE POINTOF BEGINNING. EXCEPTING
THEREFROM THAT PORTIONTHEREOF CONVEYEDBY WILLIAMP. FITZGERALD, A SINGLEPERSON, TO THESTATEOF CALIFORNIA, BY DEEDDATEDNOVEMBER29, 1929AND RECORDEDDECEMBER 11, 1930IN BOOK 2517 OF OFFICIALRECORDS OF ALAMEDACOUNTY, PAGE 97, APN:
078C- 0438- 010 PARCEL
10: COMMENCING
AT THESOUTHEASTERLYCORNER OF THEPARCELOF LANDDESCRIBEDIN THEDEEDTO THESTATE OF CALIFORNIARECORDED JULY 10, 1963ON REEL932, IMAGE313, ALAMEDACOUNTY RECORDS; THENCE ALONG A LINECOMMONTO THEPROPERTIES, NOW OR FORMERLY, OF GOTfLIEBWAESPI, ET UX. AND OF THESTATEOF CALIFORNIAN. 48043' 46" E., 325.32 FEETTO THESOUTHWESTERLYLINE OF THEEXISTING STATE HIGHWAYLEADING FROM HAYWARDTO NILES, THENCEALONG SAID SOUTHWESTERLYLINE S. 41021' 12" E., 166.70 FEET; THENCEFROM A TANGENTTHAT BEARSS. 6° 46' 51" W., ALONGA CURVETO THE RIGHT, WITH A RADIUSOF 215.00 FEET, THROUGHAN ANGLEOF 91° 11' 09", AN ARCLENGTHOF 342.17 FEET; THENCE N. 82- 02' 00- W., 29. 10 FEETTO THE LINE COMMONTO THE PROPERTIES, NOW OR FORMERLYOF SAID GOTTLIEBWAESPI, ETUX, AND OF A. BERNARDMUTH; THENCEALONGSAID COMMON PROPERTYLINE N. 410 16' 14- W., 125.14 FEETTO THE POINT OF COMMENCEMENT.
CONTAINING 1. 477 ACRES, MORE OR LESS.
APN,. 07SC- 0438- 011- 01
PARCEL 11:
COMMENCINGAT THEMOSTSOUTHERLYCORNEROFTHEPARCELOFLANDDESCRIBEDIN THEDEEDTOTHE STATEOFCALIFORNIA, RECORDEDJULY10, 1963ONREEL932, IMAGE313, ALAMEDACOUNTYRECORDS; THENCEALONGTHELINECOMMONTO THEPROPERTIES, NOWORFORMERLYOFA. BERNARDMUTHANDOF GOTTLIEBVIAESPI, Er UX. ANDITS PROLONGATIONS. 41- 16' 14" E., 414.57 FEETTOTHENORTHEASTERLY CORNEROFTHE PROPERTYOFA. BERNARDMUTH, ETUX.; THENCEALONGTHESOUTHEASTERLYLINEOF LASTSAID PROPERTYS. 480 43' 46" W., 493.68 FEETTO THE CENTERLINE OF DIXON STREET; THENCE ALONGSAID CENTERLINEN. 41016' 14" W., 307.35 FEET, THENCEN. 70 58' 00- E., 132.23 FEET; THENCEN. 40 09' 09" E., 299. 07 FEETTO THE NORTHWESTERLYLINE OF THE PROPERTYOF SAID A. BERNARDMUTH; THENCEALONGSAIDNORTHWESTERLYLINEN. 48043' 46- E., 180.50 FEETTO THENORTHEASTERLY PROPERTYLINE OFSAIDA. BERNARDMUTH; THENCEALONGLASTSAIDLINES. 41016' 14" E., 189.01 FEET TO THE POINT OF COMMENCEMENT.
CONTAINING5.563 ACRESMOREORLESSIN ADDITIONTO 0.183OFAN ACRE, MOREORLESSIN SAID DIXON STREET.
APN: 078C- 0438- 019- 01
PARCEL 12:
PARCEL ONE:
BEGINNINGAT A POINTONTHENORTHWESTERNLINEOFCOUNTYROADNO. 314, ALSOKNOWNASTHE COUNTYROADLEADINGTO ALVARADO, DISTANTTHEREONSOUTH44- 30' 25" WEST, 840.61 FEETFROMTHE
POINTOFINTERSECTIONTHEREOFWITHTHESOUTHWESTERNLINEOFCOUNTYROADLEADINGFROM HAYWARDTO THE MISSION OF SAN JOSE; RUNNINGTHENCE NORTH420 35WESl; 935.6 FEETTO THE ACTUALPOINTOF BEGINNINGOFTHEHEREINDESCRIBEDPREMISES; THENCESOUTH47025WEST, 487.47 FEET; THENCENORTH44- 12' 30" WEST, 77.87 FEET, THENCENORTH47- 25' EAST, 489.68 FEET-,' THENCE SOUTH420 35' EAST, 77.84 FEETTO THE ACTUAL POINT OF BEGINNING.
PARCEL TWO:
ANEASEMENTFORINGRESSANDEGRESSOVERTHEEASTERN10FEETOFTHE PARCELOFLANDDESCRIBED IN THE DEED FROM MARTIN J. KANDLER, ET UX, TO LAWRENCERAMOS, SR., ET At, RECORDEDOCTOBER14, 1958, IN BOOK 8812 OF OFFICIALRECORDSOF ALAMEDACOUNTY, PAGE389.
APN. 078C- 0435- 002- 01
PARCEL 13:
BEGINNINGAT A POINT ON THE NORTHWESTERNLINE OF ALQUIRE ROAD, ALSO KNOWNAS COUNTY ROAD NO. 314, DISTANT THEREONSOUTH44- 52' WEST 1302.84 FEETFROMTHE INTERSECTIONTHEREOF, WITH THE SOUTHWESTERNLINE OF NILES ROAD; RUNNINGTHENCEALONG SAID LINE OFALQUIREROAD, SOUTH 44052' WEST300 FEETTOTHEEASTERNLINEOFTHERIGHTOFWAYDESCRIBEDIN THEDEEDFROMD. VAN NESTO THE WESTERN PACIFICRAILWAY COMPANY, DATED MARCH17, 1906, RECORDEDJUNE 23, 1906, IN BOOK 1180 OF DEEDS, PAGE150, ALAMEDA COUNTYRECORDS; THENCEALONG THE LASTNAMED LINE NORTH31058' WEST1459.30 FEET; THENCESOUTH44- 20' EAST1420.40 FEETTOTHEPOINTOF BEGINNING.
EXCEPTINGTHEREFROMALL THAT PORTION OF THE ABOVE DESCRIBEDPARCELOF LANDCONTAINED IN A STRIP OF LAND 41. 00 FEET WIDE, RIGHT ANGLE MEASUREMENTS, LYING NORTHEASTERLY OF AND
CONTIGUOUS TO THE SOUTHWESTERN LINE OF SAID PARCEL AS CONVEYED BY DEED TO ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDED .TUNE 10, 1963 IN REEL 905, PAGE 916, SERIES NO. AU- 96861, ALAMEDA COUNTY OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THAT PORTION OF LAND CONVEYED BY DEED TO ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT RECORDED MARCH 7, 1967 IN REEL 1926, IMAGE 297, SERIES NO. AZ- 20352, ALAMEDA COUNTY OFFICIAL RECORDS.
PARCEL 14:
BEGINNING FOR REFERENCE AT A POINT IN THE NORTHWESTERLY BOUNDARY LINE OF VALLE VISTA ROAD, FORMERLY COUNTY ROAD NO. 314, DISTANT THEREON 1168, 47 FEET SOUTHWESTERLY FROM THE
SOUTHWESTERLY BOUNDARY LINE OF THE -COUNTY ROAD, NOW STATE HIGHWAY, BETWEEN HAYWARD AND MISSION SAN JOSE, AS THE SAME EXISTED ON DECEMBER 7, 1928; THENCE ALONG THE NORTHEASTERLY LINE OF THAT CERTAIN PARCEL DESCRIBED IN THE DEED TO THE CITY OF HAYWARD, RECORDED MAY 5, 1969, IN REEL 2395, IMAGE 909, OFFICIAL RECORDS OF ALAMEDA COUNTY, AND ITS NORTHWESTERLY PROLONGATIONN. 41016' 14" W., 407.86 FEETTO THE TRUE POINT OF COMMENCEMENT; THENCES. 48043' 46" W., 144. 55 FEET TO THE PROPERTY LINE COMMON TO THE LANDS, NOW OR FORMERLY, OF THE FRONTIERS FOR CHRIST, A CALIFORNIA CORPORATION, AND OF THE STATE OF CALIFORNIA; THENCE ALONG LAST SAID LINE S. 42053' 44" E., 382. 29 FEET TO THE NORTHWESTERLY LINE OF SAID CITY OF HAYWARD PARCEL; THENCE ALONG LAST SAID LINE N. 45° 48' 57" E., 39. 68 FEET; THENCE N. 72° 42' 59" W., 79. 78 FEET; THENCE N. 5012' 59' W., 230. 56 FEET TO SAID PROLONGATION; THENCE N. 41° 16' 14" W., 125. 66 FEET TO THE TRUE POINT OF COMMENCEMENT.
APN: 078C- 0436- 010- 03 i
PARCEL 15:
BEGINNING AT A POINT ON THE CENTER LINE OF COUNTY ROAD NO. 7722, KNOWN AS DIXON STREET, AS SAID ROAD IS DESCRIBED IN THE DEED TO COUNTY OF ALAMEDA, DATED OCTOBER 1, 1933, RECORDED NOVEMBER 16, 1933, IN BOOK 2999 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, PAGE 130, DISTANT THEREON NORTH 420 35' WEST 460. 82 FEET FROM THE NORTHWESTERN LINE OF COUNTY ROAD NO. 314,
KNOWN AS ALQUIRE ROAD, FORMERLY VALLE VISTA ROAD, AND RUNNING THENCE ALONG SAID LINE OF DIXON ROAD NORTH 420 35' WEST 114 FEET; THENCE SOUTH 47° 25' WEST 225. 05 FEET; THENCE NORTH 42° 35' WEST 171. 12 FEET; THENCE SOUTH 47° 25' WEST 257. 03 FEET TO THE SOUTHWESTERN LINE OF THE 4 ACRE PARCEL OF LAND DESCRIBED, IN THE DEED BY LENA B. NORTON TO ELIZABETH BIDWELL PAlTERSON, DATED SEPTEMBER 28, 1935, RECORDED OCTOBER 9, 1935, IN BOOK 3221 OF SAID OFFICIAL RECORDS, PAGE 223; THENCE ALONG THE LAST MENTIONED LINE SOUTH 440 12' 30" EAST 285. 23 FEET TO A LINE DRAWN SOUTH 470 25' WEST FROM THE POINT OF BEGINNING; THENCE NORTH 47° 25 EAST 473. 99 FEET TO SAID POINT OF BEGINNING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE DEED TO ROLF RAYMOND HARADER et ux, DATED MARCH 2, 1962, RECORDED MARCH 5, 1962, REEL 528, IMAGE 844 ( AT 28989), ALAMEDA COUNTY RECORDS.
ALSO EXCEPTING THEREFROM ALL THAT PORTION OF THE ABOVE PARCEL LYING NORTHERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING FOR REFERENCE AT THE SOUTHWESTERLY TERMINUS OF " SOUTH 47° 25' WEST, 225. 05 FEET" THENCE ALONG LAST SAID COURSE N 480 43" 46" E, 77. 70 FEET TO THE TRUE POINT OF COMMENCEMENT; THENCE S 60 40' 00" W, 74. 84 FEET; THENCE S 48° 43' 46" W, 1.96 FEET; THENCE S 41° 16' 14" E, 64. 00 FEET MARCH 30, 1998 INSTRUMENT NO. 105886, ALAMEDA COUNTY RECORDS.
APN: 078C- 0436- 001- 07 AND 078C- 0435- 006
PARCEL 16:
PARCEL ONE:
BEGINNING AT THE INTERSECTION OF THE NORTHEASTERN LINE OF THE STATE HIGHWAY LEADING FROM F HAYWARD TO NILES, AS SAID NORTHEASTERNLINE IS DESCRIBEDIN THE DEEDFROMGEORGEM. HUNKEN, ET UX, TO STATEOF CALIFORNIA, DATEDOCTOBER22, 1929, RECORDEDDECEMBER6, 1929, IN BOOK2266 OF OFFICIAL RECORDSOFALAMEDA COUNTY, PAGE135, ( Z/ 79205), WITH THE SOUTHEASTERNLINE OFTHE PARCELOF LAND DESCRIBEDIN THE DEEDFROMGEORGEM. HUNKEN, ET UX, TO RICHARDJ. MURPHY, ET AL., DATED JANUARY10, 1931, RECORDEDJANUARY16, 1931, IN BOOK2489, OF SAID OFFICIAL RECORDS, PAGE 417, ( BB12964), RUNNING THENCE ALONG SAID NORTHEASTERN LINE OF SAID STATE HIGHWAY; SOUTHEASTERLY116.01 FEETTO THE SOUTHEASTERNLINE OF THE PARCELOF LAND DESCRIBEDIN THE DEED FROM JOSEPHE. COSTA, ET UX, TO GEORGEM. HUNKEN, DATEDFEBRUARY26, 1929, RECORDED FEBRUARY28, 1929, IN BOOK 2032 OF SAID OFFICIAL RECORDS, PAGE281, ( Z/ 14150); THENCE ALONGSAID LAST MENTIONED LINE, NORTHEASTERLY351.88 FEET, MOREOR LESS, TO THE NORTHEASTERNLINE OFTHE PARCELOF LAND DESCRIBEDIN SAID LASTMENTIONED DEED; THENCEALONG SAID LAST MENTIONEDLINE, NORTHWESTERLY116.01 FEETTO THE SOUTHEASTERNLINE OFTHE PARCELOF LAND DESCRIBEDIN SAID DEED TO RICHARDJ. MURPHY, ET AL., ABOVEREFERREDTO; AND THENCEALONGSAID LAST MENTIONED LINE, SOUTHWESTERLY351.88 FEET, MOREOR LESS, TO THE POINT OF BEGINNING. i PARCEL TWO:
AN EASEMENT APPURTENANT TO PARCEL 1 HEREIN DESCRIBED, FOR INGRESS AND EGRESS, SEWER AND ALL PUBLIC UTILITY PURPOSES, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEASTERN LINE OF THE COUNTY ROAD LEADING FROM HAYWARD TO
NILES, KNOWN ASMISSION BOULEVARD, AS SAID ROAD EXISTEDPRIORTO THE WIDENING THEREOF, BY DEED TO THE STATE OF CALIFORNIA, DATED OCTOBER 11, 1929, HEREINAFTER REFERRED TO, DISTANT THEREON, NORTH4204V WEST', 1308.186 FEETFROMTHE POINT OF INTERSECTIONTHEREOF, WITH THE MOST WESTERN CORNER OF VALLE VISTA SCHOOL LOT, SO CALLED; RUNNING THENCE NORTH 47015' EAST, 485. 48 FEET; THENCE NORTH 42- 45' WEST, 30 FEET; THENCE SOUTH 47- 15' WEST, 485. 48 FEET TO SAID LINE OF MISSION BOULEVARD; AND THENCE, ALONGTHE LAST NAMEDLINE, SOUTH42045' EAST, 30 FEETTO THE POINT OF BEGINNING.
EXCEPTING THEREFROM THE SOUTHWESTERN 231 FEET, MORE OR LESS, AS CONVEYED TO THE STATE OF CALIFORNIA, BY DEEDDATED OCTOBER11, 1929, RECORDEDNOVEMBER29, 1929, IN BOOK 2248, OF OFFICIAL RECORDS OF ALAMEDA COUNTY, AT PAGE 242.
APN: 078C- 0455- 004
PARCEL 17:
PORTION OF THE TRACT OF LAND CONTAINING 1-1/ 2 ACRES, MOREOR LESS, DESCRIBEDIN THE DEEDTO GEORGE M. HUNKEN, RECORDED FEBRUARY 28, 1929, BOOK 2032, OFFICIAL RECORDS, PAGE 381, DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTHWESTERN BOUNDARY LINE OF SAID TRACT OF
LAND, WITH THE NORTHEASTERNLINE OF MISSION BOULEVARD, FORMERLYKNOWN AS THE STATE
HIGHWAY, LEADING FROM HAYWARDTO NILES, AS SAID NORTHEASTERNLINE IS DEFINED IN THE DEEDTO THE STATE OF CALIFORNIA, RECORDED DECEMBER 6, 1929, IN BOOK 2266, OFFICIAL RECORDS, PAGE 135; RUNNING THENCE SOUTHEASTERLY ALONG SAID LINE OF MISSION BOULEVARD, 58. 005 FEET; THENCE
NORTHEASTERLY, PARALLEL WITH SAID NORTHWESTERN BOUNDARY LINE OF THE TRACT OF LAND DESCRIBED IN SAID DEED TO GEORGE M. HUNKEN, 351. 88 FEET, MORE OR LESS, TO THE NORTHEASTERN BOUNDARY LINE OF SAID TRACT; THENCE NORTHWESTERLY ALONG THE LAST NAMED LINE, 58. 005 FEET TO THE NORTHWESTERN BOUNDARY LINE OF SAID TRACT; THENCE SOUTHWESTERLY ALONG THE LAST NAMED LINE, 351. 88 FEET TO THE POINT OF BEGINNING.
APN: 078C- 0455- 003
PARCEL ONE:
COMMENCING AT A POINT ON THE NORTHEASTERN LINE OF THE COUNTY ROAD LEADING FROM HAYWARD
TO NILES, KNOWN AS MISSION BOULEVARD, AS SAID ROAD EXISTED PRIOR TO THE WIDENING THEREOF BY DEED TO THE STATE OF CALIFORNIA, DATED OCTOBER 11, 1929, RECORDED NOVEMBER 29, 1929, IN BOOK 2248 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, AT PAGE 242, DISTANT THEREON NORTH 42° 45' WEST 1338, 186 FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE MOST WESTERN CORNER OF VALLE VISTA SCHOOL LOT, SO CALLED; RUN THENCE NORTH 471 IT EAST 375. 48 FEET TO THE ACTUAL POINT OF BEGINNING; AND RUNNING THENCE NORTH 470 IT EAST 110 FEET; THENCE NORTH 420 45' WEST 232. 02 j FEET, THENCE SOUTH 47° 15' WEST 110 FEET; AND THENCE SOUTH 42° 45' EAST 232. 02 FEET TO THE ACTUAL POINT OF BEGINNING.
PARCEL TWO:
AN EASEMENTFORINGRESSAND EGRESS, SEWERANDALL PUBLICUTILITY PURPOSES, AS APPURTENANTTO AND FOR THE BENEFIT OF PARCEL 1 ABOVE DESCRIBED, IN, UNDER, OVER AND ALONG A STRIP OF LAND DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHEASTERN LINE OF THE COUNTY ROAD LEADING FROM HAYWARD TO
NILES, KNOWN AS MISSION BOULEVARD, AS SAID ROAD EXISTED PRIOR TO THE WIDENING THEREOF BY DEED TO THE STATE OF CALIFORNIA, DATED OCTOBER 11, 1929, HEREINAFTER REFERRED TO, DISTANT THEREON NORTH 420 45' WEST 1308. 186 FEET FROM THE POINT OF INTERSECTION THEREOF WITH THE MOSTWESTERN CORNEROF VALLE VISTA SCHOOLLOT, SO CALLED; RUNNINGTHENCENORTH 470 15' EAST 485. 48 FEET; THENCE NORTH 420 45' WEST 30 FEET; THENCE SOUTH 471 15' WEST 485. 48 FEET TO SAID LINE OF MISSION BOULEVARD; AND THENCE ALONG THE LAST NAMED LINE SOUTH 420 45' EAST 30 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THE SOUTHWESTERN 23. 7 FEET, MORE OR LESS, SO CONVEYED TO THE STATE OF CALIFORNIA BY DEED DATED OCTOBER 11, 1929, RECORDED NOVEMBER 29, 1929, IN BOOK 2248 OF OFFICIAL RECORDS OF ALAMEDA COUNTY, AT PAGE 242.
APN: 078C70455- 005- 02
PARCEL 19:
BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT TO THE CITY OF HAYWARD RECORDED` ' C" 2018, UNDER RECORDER' S SERIES NO. 2018- - , ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNIG AT A POINT LYING ON THE WESTERLY LINE OF SAID LANDS OF THE CITY OF HAYWARD, FROM WHICH THE SOUTHWESTERLY CORNER THEREOF DEARS SOUTH 300 55' 21" EAST 23. 50 FEET;
1. THENCE NORTH 300 55' 21" WST 652. 84 FEET ALONG LAST SAID LINE;
2. THENCE NORTH 090 22' 21" EAST 111. 62 FEET TO THE EASTERLY LINE OF THE LANDS OF THE CITY OF HAYWARD;
3. THENCE SOUTH 300 55' 21 EAST 744. 99 FEET ALONG LAST SAID LINE;
4. THENCE SOUTH 430 11' 56" WEST 42. 63 FEET TO THE POINT OF BEGINNING PORTION OF APN: 083- 0460- 011
PARCEL 20:
BEING A PORTION OF THE PARCEL OF LAND DESCRIBED IN THE DEED FROM THE SAN FRANCISCO BAY AREA TRANSIT D STRI , T0 THECITYOFHAYWARD, RECORDEDi`
r.
2018, UNDER RECORDER' S SERIES
NO 2018- ALAMEDA COUNTY RECORDS, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EASTERLY LINE OF THE LANDS OF THE CITY OF HAYWARD, FROM WHICH THE SOUTHWESTERLY CORNER BEARS SOUTH 300 55' 21" EAST 23. 50 FEET;
1. THENCE SOUTH 430 11' 56" WEST 9. 77 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1700. 00 FEET,
2. THENCE WESTERLY 80. 47 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20 42' 43" TO A LINE THAT IS PARALLEL WITH AND 18. 50 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LAND OF THE CITY OF HAYWARD;
ITHENCE SOUTH 450 54' 39" WESTl07. 76 FEETALONGSAID PARALLELLLINETO THEWESTERLYLINE OF SAID LANDSOFTHE CITYOFHAYVVARD; i 4.
THENCE
NORTH22046' 07" WEST 526.51FEETALONGLASTSAIDLINE TOTHESOUTHEASTERLYLINEOF / THATCERTAIN EASEMENTDEED TO ALAMEDACOUNTY FLOODCONTROLAND WATER CONSERVATIONi DIS[ RlCTRECOKDEC`MAY 5, 1971ONREEL2843, 8TIMAGE698,OFFICIALRECORDSC) PALAMEDACOUNTY; 5, THENCENORTH 280 46F01" EAST56. 01 ALONGTHENORTHEASTERLYPROLONGATIONOFLASTSAID LINE; 6. THENCE NORTH090 2221" WEST 163.59 FEET TO THE EASTERLYLINEOFTHE LANDSOF THE CITYOF H/ 0WARD; . 7. THENCESOUTH300 55'21"
EAST652. 84 ALONGLASTSAIDLINE TO THEPOINT OF BEGINNING. PORTIONOFAPN> 083- 0460- 010 ' EXHIBIT A- 2
PARK PROPERTY LEGAL DESCRIPTION
All of the real property in the, City of Hayward, County of Alameda, Stateof California, described as follows:
APN:' 078C- 0438- 011- 01
163\ 31\ 2396926. 8
A. P. N.: 078C- 438- 011- 01
Exhibit A
THAT PARCELOF LAND, IN THE CITY OF HAYWARD; COUNTYOF ALAMEDA, STATE OF CALIFORNIA, , DESCRIBED IN THAT GRANT DEED AF 32589, RECORDED JUNE 1, 1965, IN REEL 1516, IMAGE 973 DOCUMENT NUMBERAX74768, OFFICIAL RECORDSOF ALAMEDACOUNTY, TO THE STATEOF CALIFORNIA, DESCRIBED THEREIN:
COMMENCINGAT THE SOUTHEASTERLYCORNEROFTHE PARCELOF LAND DESCRIBEDIN THE DEEDTO THE STATE OF CALIFORNIA RECORDEDJULY 10, 1963 ON REEL932, IMAGE313, ALAMEDACOUNTY RECORDS; THENCE ALONG A LINE COMMONTO THE PROPERTIES, NOW OR FORMERLY, OF GOTTLIEB WAESPI, Er UX.
AND OF THE STATEOF CALIFORNIA N. 4804346" E., 325.32 FEETTO THE SOUTHWESTERLYLINE OFTHE EXISTING STATE HIGHWAY LEADING FROMHAYWARDTO NILES; THENCEALONG SAID SOUTHWESTERLYLINE S. 41 021'12" E., 166.70 FEET,' THENCE FROMA TANGENTTHAT BEARSS, 6' 046'51- W., ALONG A CURVETO THE RIGHT, WITH A RADIUS OF 215.00 FEET, THROUGHAN ANGLEOF 91011'09", AN ARC LENGTHOF 342.17 FEET; THENCE N. 82002'00- W., 29. 10 FEETTO THE LINE COMMONTO THE PROPERTIES, NOW OR FORMERLY OF SAID GOTTLIEB WAESPI, ET UX. AND OF A. BERNARD MUTH; THENCE ALONG SAID COMMON PROPERTY LINE N. 41 016' 14" W., 125. 14 FEET TO THE POINT OF COMMENCEMENT.
CONTAINING 1,477 ACRES, MORE OR LESS.
EXHIBIT B
SITE MAP
163\ 31\ 2396926. 8
1104WA
11JJXUUIJU9 Cc UtrILML -
LABORERSUNION LOCAL 4304-
7SC- 0433- 011- 02
dl-
MAINTENANCEACCESSEASEMENT (IJAE) NQR-
TRACT 8428TOACFC (SEENOTEI : the portion of Parcel J
encumbered by the LAEisalsocalled 'MAEParcel" 1. MAEPROVIDESACCESSFORACFCTO
MAINTAIN THEIR ADJACENT CHANNEL
FEE PARCEL TO ACFC (PARCEL1) THE MAE IS INSTALLEDAS PART OF THE SOHAY PARK
TO BE MAINTAINED BY ACFC PARK IMPROVEMENT PLANS,
PUBLIC PARK (PARCELL) IMPROVEMENT AGREEMENT
CfTYOFIIAn' ARD ALAMEDA COUNTY C.WFORNtt,
DATE: AUGUST 2019 SCALE I- lC%T
PUBLIC PARR (PARCEL J) ---.
70, V,
SAN RAMON { 925} GGb* 111
PEDESTRIAN BRIDGE cogSAI: R=:.
O ( 00) 37S- 1. 1-
EASEMENT CIVIL ENGINEERS - SURVEYORS - PL& WIERS
PA261RIMOACIZ- XH18ITSM- TRACT 8429 & 6447 PARK IWRMMENT AGREEMENT. DING T
isoN
I
LAFN
078C-
0436- 1- H
i. T 5-..
0 CL
O DOLTCO
F7
f
ri
PARCEI. J-/
TRACT 8447
SOHAYPARK
IMPROVEMENT AGREEMENT
CITY OF HAYWARD ALAMED. A COUNTY CALIFORNIA
DATE: AUGUST2019 SCALE: I'- IX
SAN RAMON ( 925) 06& 0372
SAGRAMEN70 016WS- 1877
CIVILENGWEERS - SUnVZYOnS - PLANNERS
10 IAITDAIT
PUBLIC PARK LAND
OBLIGATION PER PROJECT
CONDITIONS OF APPROVAL
TRACT AREA( ACREAGE)
8428 1.91
8447 0. 7±
TOTAL 2.61
IND TR L
TRACT 3459 178 M- 36)
i=-APN078C-0435-J10THRU158
mt CYSTATI
APH 013C- 435
PANS COURT
4 FA261 F, 0101ACADIEMW SM- TRACT 8428 & 8447 PARK IMPRUVEMEW AGR EEYENT. DW D'
A
IVI DER
PAGE
54606- 1429235
RECORDING REQUESTED BY
North American Title
AND WHEN RECORDED MAIL DOCUMENT TO:
HANG City of Hayward
ST" E£ T
777 B Street
Aw"e9 Hayward, CA 94541
uTM. rsA & Attn: City ManagerZIP CUDB
CERTIFIEDATRUECOPYOFTHEORIGINAL
RECORDEDINTHE0 FICIALLRECORDSOFSAIDCOUNTYON Aameda
UnderRecordeesSerialNo?018152498
NORTHAMERICANTITLECOMPANY, INC.
BY ver
ONLY
IRREVOCABLE OFFER TO DEDICATE ( PARK PARCEL)
Title of Document
Pursuant to Senate Bill 2 — Building Homesand Jobs Act (GCCode Section 27388.1), effective January 1, 2018, a fee of seventy-five dollars ($75.00) shall be paid at the time of recording of every real estate instrument, paper, or notice requiredor permitted by law to be recorded, except those expressly exempted from payment of recording fees, per eachsingle transactionper parcelof realproperty. ThefeeImposedbythissectionshaltnotexceedtwohundredtwenty-fivedollars 225. 00).
Exempt from the fee per GG 27388. 1 (a) (2); This document Is subject to Documentary Transfer Tax Exemptfrom fee per GC27388.1 (a) (2); recordedconcurrently "in connection with" a transfer subject to the Impositionof documentary transfer tax ( DTT).
Exemptfrom fee per GC27388.1 (a) (2). recordedconcurrently "in connection with" a transfer of real propertythat is a residential dwelling to an owner -occupier.
Exempt from fee per GC 27388. 1 (a) (1); fee cap of $226.00 reached.
Exempt from the fee per GC 27388A ( a) (1); not related to real property.
THIS COVER SHEET ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
3.00 Additional Recording Fee Applies)
Recorded at Request of
City of Hayward and
When Recorded Mail to and
Mail Tax Statements to:
City of Hayward
777 B Street
Hayward, California 94541
Attn: City Manager
ApN ivo 078C-0438- 011- 01
THE AREA ABOVE IS RESERVED FOR RECORDER' S USE
This Irrevocable Offer to Dedicate is
recorded at the request and for the benefit
of the City of Hayward and is exempt from
thepaymentof arecordingfeepursuantto
Government Code Sections 27383, and
27388. 1 (a)(1)(D) andpaymentof
documentarytransfertaxpursuantto
Revenue and Taxation Code Section 11922.
IRREVOCABLE OFFER TO DEDICATE
Park Parcel)
August 02
THISIRREVOCABLEOFFERTODEDICATEis madeasof-IAy/ 2018 by SoHay - Hayward, L.P., a Delawarelimited partnership (the "Owner").
WHEREAS, under Director' s Deed ( DD- 032589- 0 1 -01) ( the " Director' s Deed") the City of Hayward, a California chartercity ("City") acquiredcertainrealpropertymoreparticularly describedonExhibitA anddepictedasthe "Park Parcel" onthesitemapshownonExhibitB the " Park Parcel"). Under theDirector'sDeed, theParkParcelis subjecttoa public park use restriction through December 10, 2029.
WHEREAS, William Lyon Homes, Inc., a California corporation (" Lyon") andthe City, are partiesto that certainPurchaseandSaleAgreementdatedMay 16, 2017, assuchmaybe amended from time to time ( the " Purchase Agreement"), under which the City agreed to transfer the Park Parcel to Lyon.
WHEREAS, Lyon assigned the Purchase Agreement to the Owner, on or before the date hereof.
WHERAS, thetransferof theParkParcelis subjectto theConditionsof ApprovaldatedMay z, 2018, for GeneralPlanAmendmeni, Rezoning, VestingTentativeMap (Tract8428) (the 163\ 31\ 2367415. 8
Conditions of Approval") whichrequirestheOwnerto dedicatetheParkParcelto theCity or the City's designeeandto constructparkimprovementsthereon.
WHEREAS, Ownerherebyagreestoirrevocablyoffer for dedicationtheParkParcel (subjectto any reserved accesscasements, the requirements of the California Department of Transportation Caltrans") as set forth in the Director' s Deed, and the Revocable Offer to Dedicate (ACFC Chanel) for thebenefitof theCityoritsdesigneerecordedsubstantiallyconcurrentlyherewith collectively, the "Permitted Exceptions")) to the City or to the City' s designee, as generally depictedonthe attachedsitemap.
NOW, THEREFORE, incorporatingtheforegoingrecitals, theOwnerdoesherebydesignateand setasidefor futureuseasdescribedheretoandirrevocablyofferto dedicatetotheCityorthe City' s designee (the Hayward Area Recreational and Park District (" HARD")), fee title to the ParkParcel, asgenerallydepictedon theattachedsitemap, subjectto thePermittedExceptions andtheexpressrequirementthatthisofferof dedicationmaynotbeacceptedpriortoJuly31, 2019. The preciseareato bededicatedastheParkParcelunderthis Agreementmaybefurther refinedthroughtherecordationof afinalmap, butinno eventshalltheareadedicatedhereunder be less than one ( 1) acre in size. The area to be dedicated as the Park Parcel under this Agreementmustbeinterpretedin amannerthatis consistentwith therecordedfinalmap; provided however, if there is any conflict between the terms of this Agreement and the recorded finalmap (asit relatestothesolelytotheareadefinedas -theParkParcel), therecordedfinalmap shallcontrolandcompliancewith thetermsof dedicationundertherecordedfinalmapshall constitute compliance with the terms of this Agreement.
This Irrevocable Offer to Dedicateshallcontinuein full forceandeffectuntil City Councilor if directedby the City, thegoverningboardof the City's designeeacceptssuchoffer or if theoffer to dedicateunderthe final mapis acceptedasprovidedthereunder. Thededicationof thePark Parcel shall be deemed to be completed, upon acceptance of this Irrevocable Offer to Dedicate bytheCity Council, or, if directedbytheCity, thegoverningboardoftheCity'sdesigneeorif theoffer to dedicateunderthe final mapis acceptedasprovidedthereunder.
If andto the extentthe City acceptsthe dedicationof theParkParcelhereunder, theCity shall takeall stepsnecessaryor requiredunderthatcertainOptionAgreementby andbetweentheCity and HARD, dated as of . August 02 , 2018, to effectuate the terms thereof and deliver fee title to the ParkParcel, atnocost, to HARD by grantdeedassoonaspracticable.
Signature Page Follows]
163131 \ 2367415. 8
IN WITNESS WHEREOF, Ownerhascausedthis Irrevocable Offer to Dedicate to beexecuted asof the day and year first abovewritten.
OWNER:
SOHAY - HAYWARD, L. P.,
aDelawarelimitedpartnership
By: NP-HS LOJV GP H, LLC,
aDelaware limited liability company
General Partner
By: NP- HS LOT OPTION JOINT VENTURE 11, LLC,
aDelaware limited liability company
Sole Member
By: HEARTHSTONE PROFESSIONALS — PI, L. P.,
a Delaware limited partnership
By.
Steven C. Porath"
Authorized Person
Date: August 02, 2018
163\ 31\2367415. 9
A notarypublicor otherofficercompletingthiscertificateverifiesonlythe identity of the individual who signed the document to which this certificate is attached, andnot the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA )
COUNTYOFG.GSAA1 eL&z S )
2L` EfV'
e, f+ Notary Public, before
personally appeared' 7 who proved to me on the
basisof satisfactoryevidencetobethepersonsj whosename(a'f iskre-subscribedtothewithin instrwrientandacknowledgedtomethathe/she/theyexecutedthesamein his/harl/their authorized capacity(i*, and that by his/-her/ti eirsignatureVon the instrument the person(,; or the entity upon behalf of which theperson(o) acted, executedthe instrument.
I certify UNDER PENALTY OF PERJURY under the laws of theStateof California that the foregoing paragraphis true and correct.
WITNESS my hand and official seal.
CNCRYLXSTuDLEY
NolaryPubkc- Caiilana =-----
3$ryLo: ArgolesC=ty > Name: C. 1 2 T t i t•
ConnlssW 9 22=7
MyComm. Exp;losOct20, 2021 Notary Public
G¢ zvti
163U i12367415.8
EXHIBIT A
LEGAL DESCRIPTION
All of therealpropertyin the City of Hayward, County of Alameda, Stateof California, described as follows.
APN: 078C- 0438- 011- 01
16313112367415.8
A, P. N.: 078C- 438- 011- 01
Exhibit A
THATPARCELOFLAND, IN THECITYOFHAYWARD; COUNTYOFALAMEDA, STATEOFCALIFORNIA, .
DESCRIBEDIN THATGRANTDEEDAF32589, RECORDEDJUNE1, 1965, IN REEL1516, IMAGE973DOCUMENT NUMBERAX74768, OFFICIALRECORDSOFALAMEDACOUNTY, TOTHESTATEOFCALIFORNIA, DESCRIBED THEREIN:
COMMENCINGATTHESOUTHEASTERLYCORNEROFTHEPARCELOFLANDDESCRIBEDIN THEDEEDTOTHE STATEOFCALIFORNIARECORDEDJULY10, 1963ONREEL932, IMAGE313, ALAMEDACOUNTYRECORDS; THENCEALONGA LINECOMMONTOTHEPROPERTIES, NOWORFORMERLY, OFGOTTLIEBWAESPI, ETUX.
ANDOFTHESTATEOFCALIFORNIAN. 4804346" E., 325.32 FEETTOTHESOUTHWESTERLYLINEOFTHE EXISTINGSTATEHIGHWAYLEADINGFROMHAYWARDTONILES; THENCEALONGSAIDSOUTHWESTERLYLINE S. 41 °21'12" E., 166.70 FEET; THENCEFROMA TANGENTTHATBEARS5. 6 °46'51" W., ALONGA CURVETO THERIGHT, WITHA RADIUSOF215.00FEET, THROUGHANANGLEOF91-11'09"1ANARCLENGTHOF342.17 FEET; THENCEN. 82°02'00" W., 29.10 FEETTOTHELINECOMMONTOTHEPROPERTIES, NOWORFORMERLY OFSAIDGOTTLIEBWAESPI, ETUX. ANDOFA. BERNARDMUTH; THENCEALONGSAIDCOMMONPROPERTY LINE N. 41 016'14" W., 125. 14 FEETTO THE POINT OF COMMENCEMENT.
CONTAINING 1.477 ACRES, MOREOR LESS.
EXHIBIT B
SITE MAP
63\ 3IV3674I5. 8
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LEGEND
ME
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J
i ACFCCHANNELj--
PARCEL i
i
Fr > TRA T 8428 % MAE
RIM'
ES
at 1 1
l0 QRAJNGELEASEEttii
IN FAVOROF
CONSTRUC710NAt7D ':
f _ r GENERAL18ORER5
11LOCALtO4 s r f
L 7 PARCEL
1,
41CONSiRUCTLON
GENERAL' LABORERS
UNION LOCAL3Dd078C-
0433- 011- 02 MAINTENANCE
ACCESS EASEMENT (MAE) 1, 107E- TRACT
8428 70ACFC (SEE NOTEI) • the portionof ParcelJ I. MAE PRONDESACCESS FOR ACFC TO encumbered by the MAEis alsocalled "MAE Parcel" MAINTAIN THEIR ADJACENTCHANNEL + p FEEPARCELTO ACFC (PARCEL 1) THE MAEIS INSTALLEDAS PARTOF THESOHA j rPARKTOBE MAINTAINEDBY ACFCPARK IMPROWMENTPUNS. PUBLIC
PARK ( PARCELL) PUBLIC
PARK ( PARCELJ) O
PEDESTRIAN BRIDGE EASEMENT
IMPROVEMENT
AGREEMENT Cfi1'
OFHAYWARDALAMEDAC01UNTY CAI. IFOR.\(,1 DATE:
ALIGUST1819SCALE I'" IN ti[
T H0. Sl.
N ItAMDN (D15J 0G6- 0323 SACRAMENTO
IDte) 375. 1477 a
VV
4///"' V. 7 wnv.
cowoncov " CIVIL
ENGINEERS • SURVEYORS • PLANNERS er 1: ltil.7S E a
FA26I"
iWCAD1FXHl3ITW8TRACT 8428 d 8447PARKIJtPROVEMENTAGREEMENT. WX o, tit
I NELSON
0436 1- 15
LjE'701 07X.,
0435- 5-
W
54 DOLTCOURT
Z,
O
PUBLIC PARK LAND
OBLIGATION PER PROJECT
CONDITIONS OF APPROVAL
TRACT AREA ( ACREAGE)
84288428 1.9±
8447 0 ' 1
TOTAL 4261: II
TOTAL
IfI6,TRILPARKWAY, ", ,
TRACT 3469 ( 78 IoL36)
WN 078C- 0436- 110 THRU 158
PAWLiSTTIMS
APR 078C- 436- 10- 4
jSPANCOURT
E3
t-------
SOIIAY LOOP
PARCEL)
TRACT 8447
SOHAY PARK 141TRAIL EASEMENT
Lill
IMPROVEMENT AGREEMENT
CITYOFHAIVARD ALWEDACOUNrY CALIFORNIA
DATE: ALIMT2019 SCALE: 1- 150' LEGEND
SAN PtAMON ( 925) 060- 0322 PARCEL J
SACRAMENTO ( 016) 375- 1877
CiVILENGINECSS - SURVEYORS - PLANNERS TRAILEASEMENTOF 75:9Af F.*1261r, UIMCAD6C) CH[8ITSkX8- MCT 8425 & 3447 PARK IMPROVEMENTAGREDIENLOWG EXHIBIT 4
PARK ] IMPROVEMENT SPECIFICATION LIST
Pleasereferto LandscapeImprovementPlansfor SohayPackpreparedbyUrbanArena, dated 05-07-19, inthefinalformapprovedbytheCity, onfile andavailablefor reviewintheCityOf HaywardPublic Works Department, EngineeringDivision.
Exhibit 4- 1
163\ 31\ 2546843. 15
EXHIBIT 5
NOTICE OF COMPLETION OF OBLIGATIONS
Exhibit 5- 1
163\ 3Ik2546843. 15
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Hayward
777 B Street
Hayward, CA 94541
Attn: City Manager
APN Nos:
NOTICE OF COMPLETION
Park Improvement Agreement)
Space Above For Recorder' s Use)
Pursuant to Section 14.1 of that certain Park Improvement Agreement dated as of September 2019, assuch may beamended (the "Park Improvement Agreement"), entered into by andamongtheCity of Hayward, aCaliforniachartercity (the "City"), and William Lyon Homes, Inc., a California corporation( the " Developer") and the Hayward Area Recreation and Park District, a California special district (" HARD"), HARD andthe City hereby certifythattheDeveloperof therealpropertymoreparticularlydescribedin Exhibit A (the Property") hasmetits obligationsunderParkImprovementAgreementregardingthe construction of the Park Improvements, Trail improvements, and Pedestrian Bridges on the Property, and has met its various other obligations specified in the Park Improvement Agreement.
This Notice of Completion shall serve as conclusive evidence that the Developer has completed construction and development of the Park Improvements, " Trail improvements, and PedestrianBridges on the Property in conformancewith the terms of the ParkImprovement Agreement.
This Notice of Completion shall not be deemed to be either a notice of completion under the California Civil Code or a certificate of occupancy. This Notice of Completion shall not constitute evidenceof compliance with the prevailing wagerequirementsof California Labor Code Sections 1720 et sec, or the requirements set forth in Section 8 of the Park Improvement Agreement.
Capitalized terms used in this Notice of Completion which are not defined herein shall havethe meaningsgiven suchterms in the Park Improvement Agreement. 163\. 31 \2674164. 2
IN WITNESS WHEREOF, The City and HARD havecausedtheir duly authorized representatives to execute this instrument as of 120,
HAYWARD AREA RECREATION AND
PARK DISTRICT, a California special district
IN
Name:
Its:
Certificate of Completion signature Page
163\ 31N2674164. 2
APPROVED AS TO FORM:
Michael Lawson, City Attorney
51 CITY:
CITY OF HAYWARD, a California chartercity
Kelly McAdoo, City Manager
Date: , 20_
JosephBrick, Assistant City Attorney
ATTEST:
Miriam Lens, City CIerk
Certificate of Completion Signature Page
163\ 31 \ 2674164. 2
Date: , 20
Date: , 20_
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the documentto which this certificate is attached, andnot the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On , before me, , Notary Public,
personally appeared , who proved to me onthe
basisof satisfactory evidenceto be the person(s) whosename(s) is/aresubscribedto the within instrument and acknowledgedto me that he/she/they executedthe samein 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, executedthe instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraphis true and correct.
WITNESS my handand official seal.
Name: _
Notary Public
163\3112674164. 2
A notarypublicor otherofficer completingthiscertificateverifiesonly the identity of the individual who signed the documentto which this certificate is attached, andnotthetruthfulness, accuracy, or validity of thatdocument.
STATE OF CALIFORNIA
COUNTY OF
On , before me, , Notary Public,
personally appeared , who proved to me on the
basisof satisfactory evidenceto be the person(s) whose name(s) is/aresubscribedto the within instrument and acknowledgedto me that he/she/they executedthe samein his/her/their authorizedcapacity(ies), andthatby his/her/theirsignature(s) ontheinstrumenttheperson(s), or the entity upon behalf of which the person(s) acted, executedthe instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the Stateof California that the foregoing paragraphis true and correct.
WITNESS my hand and official seal.
Name:
Notary Public.
163\ 31 \2674164. 2
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
RealpropertyintheCityofHayward, CountyofAlameda, StateofCalifornia, describedas follows:
A- 1
163\ 3 1V67416U