HomeMy WebLinkAbout5.2 Agreement for Long Term Encroachment with 6797 Pearl Placer
DUBLIN
CALIFORNIA
STAFF REPORT
CITY COUNCIL
Agenda Item 5.2
DATE: September 3, 2024
TO: Honorable Mayor and City Councilmembers
FROM: Linda Smith, City Manager
SU B.ECT : Agreement for Long Term Encroachment with 6797 Pearl Place
Prepared by: Gabrielle Abdon, Associate Civil Engineer
EXECUTIVE SUMMARY:
The City Council will consider approving an Agreement for Long Term Encroachment for
Landscape Features With 6797 Pearl Place.
STAFF RECOMMENDATION:
Adopt the Resolution Approving the Agreement for Long Term Encroachment for Landscape
Features With 6797 Pearl Place.
FINANCIAL IMPACT:
There is no impact to the General Fund. All costs associated with the agreements are borne by the
property owners.
DESCRIPTION:
The homeowner of 6797 Pearl Place constructed a retaining wall along the front of their property
known as Lot 140 of Tract 4719, Assessor's Parcel Number 941-2769-047-00. The retaining wall
is located within the public street rights -of -way of Pearl Place and Turquoise Street. The property
owner is agreeable to own and maintain the retaining wall located within the right-of-way. The
proposed Agreement for Long Term Encroachment for Landscape Features provides for the
property owner to maintain these features within the public street right-of-way (Attachment 2).
STRATEGIC PLAN INITIATIVE:
None.
Page 1 of 2
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NOTICING REQUIREMENTS/PUBLIC OUTREACH:
The City Council Agenda was posted.
ATTACHMENTS:
1) Resolution Approving the Agreement for Long Term Encroachment for Landscape Features
With 6797 Pearl Place
2) Exhibit A to the Resolution - Agreement for Long Term Encroachment for Landscape Features
with 6797 Pearl Place
Page 2 of 2
2
Attachment I
RESOLUTION NO. XX — 24
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITH 6797 PEARL PLACE
WHEREAS, the property owner of Lot 140 of Tract 4719, Assessor's Parcel Number 941-
2769-047-00, applied for a building permit, BLDR-2022-00349, to install a retaining wall on Lot
140 with an encroachment within the public street rights -of -way of Pearl Place and Turquoise
Street; and
WHEREAS, the City issued BLDR-2022-00349 to the property owner and their contractor;
and
WHEREAS, the property owner, Sriram & Surepeddi Srilakshmi A. Govindarajan, and the
City desire to enter into an Agreement for Long Term Encroachment for Landscape Features to
provide for the property owner to own and maintain the encroaching features; and
WHEREAS, the property owner has executed and filed with the City of Dublin an
Agreement for Long Term Encroachment for Landscape Features with 6797 Pearl Place, attached
hereto as Exhibit A, which will be recorded against the property.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Agreement for Long Term Encroachment for Landscape Features with 6797
Pearl Place, attached hereto as Exhibit A to this Resolution.
BE IT FURTHER RESOLVED that the City Manager, or designee, is authorized to execute
Exhibit A and make any necessary, non -substantive changes to Exhibit A to carry out the intent
of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of September 2024, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
Reso. No. XX-24, Item X.X, Adopted 09/03/2024 Page 1 of 1 3
Attachment 2
Recording Requested By:
CITY OF DUBLIN
When Recorded Mail To:
City Clerk
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Fee Waived per GC 27383
AGREEMENT FOR LONG TERM ENCROACHMENT
FOR LANDSCAPE FEATURES WITH 6797 PEARL PLACE
THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE
FEATURES WITH 6797 PEARL PLACE ("Agreement") is made between the City of Dublin
("City") and SRIRAM & SUREPEDDI SRILAKSHMI A GOVINDARAJAN ("Owner").
1. Property: The subject property is Lot 140 Tract 4719 as filed in Book 142 of
Maps at Pages 41, in the Official Records of the County of Alameda, State of
California.
2. Applicant: Applicant is the Owner of 6797 Pearl Place, Dublin, CA and has
applied for a building permit from the City to construct a retaining wall and
associated improvements ("Project").
3. Landscape Features: Owner, as part of the Project, anticipates the construction
of Project related landscape features within the City's rights of ways along Pearl
P1 and Turquoise St (collectively, the "Landscape Features"). Construction
details for these Landscape Features are shown on the plan entitled New Retaining
Wall for Existing Residence 6797 Pearl Place, prepared by Tomas A. Fernandez,
P.E., dated November 2021, approved by the City. The scope of the
improvements covered under the agreement is shown on the attached Exhibit "A".
4. Encroachment Permit: Owner shall apply to the City for an encroachment
permit for work to be performed pursuant to this Agreement. The City must grant
the encroachment permit for all work to install, operate and maintain the
Landscape Features improvements and all the conditions imposed by the City
must be consistent with the provisions of this Agreement. If there is a conflict
between any provisions of this Agreement and the encroachment permit, the
provisions of this Agreement shall prevail over the conditions of the
encroachment permit.
5. Ownership: Owner shall own all special Landscape Features, including retaining
wall and associated improvements.
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6. Operations and Maintenance: Owner shall maintain and repair all the
Landscape Features, including retaining wall and associated improvements within
the designated areas, in a safe manner consistent with the approved plans to the
reasonable satisfaction of the City at its sole cost and expense. Owner will be
responsible at its sole cost to replace or repair any Landscape Feature damaged or
removed during the maintenance or repair of sewer, water, drainage or utility
improvements by the City, Dublin San Ramon Service District or utility company,
unless such damage or removal is caused by the negligence, gross negligence or
willful misconduct of the City, Dublin San Ramon Service District or utility
company. The City will maintain at its sole cost all asphalt concrete pavement,
concrete curb and gutter, drainage improvements, traffic signs and striping, and
streetlights in the public right of way.
7. Removal or Relocation: If future improvements proposed by the City conflict
with any of the Landscape Features, the City may remove or reasonably relocate
the Landscape Feature at its sole cost. If any of the Landscape Features are
relocated, the City and Owner will execute a modification to this Agreement to
reflect the maintenance and operations at its new location. Provided, however, the
City is under no obligation to relocate any of the Landscape Features.
8. Insurance: Owner shall obtain and maintain a policy of homeowner's insurance
covering the Landscape Features improvements including the improvements and
maintenance to the Property's retaining wall; shall provide the City proof of this
policy, which shall detail coverage of the retaining wall; and shall name the City
as an additional insured.
9. Indemnification: Owner shall indemnify, defend and hold the City harmless
from and against any and all loss, claims, liability damage or expense or cost the
City may incur or become liable for or for which a claim is made by a third party,
due to or arising out of Owner's construction, maintenance or operations of the
Landscape Features unless caused by the negligence, gross negligence or willful
misconduct of the City, its agents, contractors or employees.
10. Permanent: The Landscape Features and the rights appurtenant thereto as set
forth in this Agreement shall exist in perpetuity, and are appurtenant to the
Property, except as specified in Section 7.
11. Right to Assign: Owner may assign any or all rights, interests and obligations of
Owner arising under this Agreement to' a successor in interest of Owner with
respect to all or a portion of the Project; provided, however, that no such
assignment of Owners' rights interests and obligations under this Agreement shall
occur without prior written notice to the City and written approval by the City
Manager, which approval shall not be unreasonably withheld, conditioned or
delayed. The City Manager shall consider and decide on any assignment within
ten (10) days after Owner's notice thereof, provided all necessary documents and
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other information are provided to the City Manager to enable the City Manager to
assess the assignment.
12. Successors and Assigns: Each reference to the "City" in this Agreement shall be
deemed to refer to and include the City and all successors and assigns of City. All
references to the "Owner" in this Agreement shall be deemed to refer to and
include any successors in ownership and title.
13. Notices: Any notices, requests, demands or other communications required or
permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given on the date of delivery if delivered personally to
the party to whom notice is to be given (including messenger or recognized
delivery or courier service) or on the second day after mailing, if mailed to the
party to whom notice is to be given, by first-class mail, postage prepaid, and
properly addressed as follows:
City:
City of Dublin
100 Civic Plaza
Dublin, California 94568 - 3481
Fax No. (925) 833-6651
Attn: City Manager
Owner:
6797 Pearl PI, Dublin, CA 94568
Attn: Sriram Govindarajan & Srilakshmi A Surepeddi
14. Exhibits: All exhibits attached to this Agreement are incorporated herein as
though they were set forth in full body of this Agreement.
15. Partial Invalidity. If any provision of this Agreement is held by a court of
competent jurisdiction to be invalid or unenforceable, the remainder of the
Agreement shall continue in full force and effect and shall in no way be impaired
or invalidated, and the parties agree to substitute for the invalid or unenforceable
provision a valid and enforceable provision that most closely approximates the
intent and economic effect of the invalid or unenforceable provision.
16. Entire Agreement. This Agreement contains the entire agreement and
understanding of the parties with respect to the subject matter hereof and cannot
be amended or modified except by a written agreement, executed by each of the
parties hereto.
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17. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall, for all purposes, be deemed an original and all such
counterparts, taken together, shall constitute one and the same instrument.
Dated this .2.1 day of 1-Y , 2023.
CITY:
THE CITY OF DUBLIN,
a municipal corporation
By:
City Manager
OWNER:
SRIRAM & SUREPEDDI SRILAKSHMI A GOVINDARAJAN
By: ` Sc.
Name: SRTR )t1 GOVIVDWTAN S--;(citStiviii cf ` di
Title:
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CALIFORNIA ALL-PURPOSE CERTIFICATE
OF ACKNOWLEDGMENT
The Notary Public or other officer completing this certificate verifies only the identity of
the individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of the document.
State of California
County of Alameda
On61I 'toz`� before me, Persephone Burgess , NOTARY PUBLIC
personally appeared S2.t LA \„<$14*11 01 N VS 14 SV R-s{''E.vi)
W1 1 Uvl AM A 23k'SW t who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their author-
ized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the state of California that the
forgoeing paragraph is true and correct.
gnature of N
PERSEPHONE BURGESS
COMM. # 2337185 -i
NOTARY PUBLIC • CALIFORNIA y
ALAMEDA COUNTY MY COMM. EXP. NOVEMBER 13, 2024 if
Optional Information
Date of Document: 61 IV l -1
Type or Title of Document:
Number of Pages in Document:
Document in a Foreign Language:
Capacity of Signer:
Trustee
Power of Attorney
CEO/CFO/COO
President/Vice-President/Secretary/Treasurer
Other:
2009 Version 925 828-5638 www.NotaryClasslol.com
8
Exhibit A
Scope of Improvements
Excerpts from
BLDR-2022-00349
Location of Work:
6797 Pearl Place
APN: 941-2769-047-00
9
TURQUOSE
SIDEWALK
SIDE P/L: 80
30
n
1 nB.W. = 0.00
T.W. = z.50
1 U,
B.W. = 0.00
▪ T.W. = 2.5D
B.W. = 0.00
T.W. = 3.00
` ▪ SN
13'
NI
2 B.W. = 0.00
O T.W. = 4.00
30'
0
B.W. = 0.00 (N) CMU BLOCK WALL
T.W. = 2.50 / 8"X8'X16" GROUTED
o
CMU BLOCK NOT TO
EXCEED 2'-6" MAX.
HEIGHT
PEARL PLACE
(E) FIRE HYDRANT
B.W. = 0.00
T.W. = 1.33
I
1
J
(E) RESIDENCE
(N) CMU BLOCK WALL
8"X8"X16" GROUTED
CMU BLOCK 4' MAX.
HEIGHT
0.00
4.00
REAR P/L: 52.21'
53.53'
• DRIVEWAY
SIDEWALK
PUBLIC WORKS STANDARD NOTES:
1) CALL BEFORE YOU DIG! Contact Underground Service
Alert (USA) at 1-800-227-2600 at least 2 working days
before excavating.
2) Unless otherwise noted on the plans, finished ground
surfaces shall be graded to drain the finished site
properly within 10-feet of any building foundation with a
slope of 5% away from any building or structure. All
exterior hardscape within 10 feet of a building foundation
shall be installed with a 2% minimum slope away from
any building or structure. Drainage swales shall be a
1.5% minimum slope. All graded slopes shall have a
maximum a slope of 3H to 1V (33Y ), unless shown
otherwise on the plans.
3) Lot grading shall conform at the property lines and shall
not slope toward property lines in a manner which would
cause storm water to flow onto neighboring property.
Historic drainage patterns shall not be altered in a
manner to cause drainage problems to neighboring
property.
elk
a Start matarlale cow, Irem rah., and rune.,
4111rnom uor. control
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Encroachnent
I' ell et
• Structural Net Peerel
re ea et lee ere VIT.
NORTH
E SITE PLAN
1/8" = 1'-0"
ing retaining wall to 3 feet from sidewalk instead of 6 feet
BLDR-2022-00349 6797 Pearl PI
ENGINEERING
TOMAS A. FERNANDEZ, P.E.
EXISTING RESIDENCE
NEW RETAINING WALL
REVIEWED
for Code Compliance
CITY OF DUBLIN
Builang & sarey Divl,ion
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9
10
JOB# P021-143
DATE: NOV. 2021
DRAWN BY: PVS
ENGINEER: TAF
SCALE: 1l4"=1'-0'
CAD FILE: PO21.143
SHEET Q
A.21
1
STRUCTURAL NOTES AND SPECIFICATIONS
STRUCTURAL NOTES AND SPECIFICATIONS
A GENERAL
1. The Contractor Mall examine and check all existing conditions. dimensions, levels
and materials net notify the Owner, Architect Engler of arty dlacmppoon'
fore proceeding with he work. Should a discrepancy appear in the Specifications
or Drawings. cc
inthe work done by others from he contract document. that affect
2 yNI construction and notify the cmaterials Mhitect or alinmr at once for be as •peciRad and a.i required by ton on how tohe latest
edition of the California Building Code. The California Building Code Standard.. locally
forced codes and autharkie. NI articles, materials and equlp ant shall be
Installed., applied., connected as directed by hemanufacturer's latest written
take precedence 5aexcept where themie. noted. Material notes on he drawing. ehal
over Specifications.
3. In Ina t certain features of the construction are t fully sham, their construction
Mull he as shown for similar teatime. l dimeneiona .hail take precedence over
ale Mown an the Plans.
4. k •hall ha he Ceatmcto.4 sole mPor.d tar to delon antl peal.. ndequate
Mari , fwmworN, etc., a. required for he protactia of INe antl property
duringIconstruction.ataialtor
5. NI ma and
stored on the i. eholl be properly etaakea and protected be o sepreventfor
Oamags delerioMbn until use. Failure to protect material. may be tees. for
anon f rk.
vent,
duct
and ,the clearings and details
drawings for Mae and location of pipe,
elraucturaalt drawings,, details, openings and
letc. 04.0all be on
the
d d mrifTed drawings.
All
Contractor. with the architectural drawing.. N1 diacrepaades shall be brought to the
Mention of the Engineer for resolution before proceeding with the work.
B. FOUNDATION
A Geotechnical Engineering Report Iwo not been prepared for his site.
The Presumptive Lood—bearing values table 1E08.2 (2019 CBC)
was used ca a Men for the design for the foundobon system. Them foundation stern
footing shall be founded on undistured native soil that Is reviewed and approved
by the Engineer —Of —Record prior to placing of the concrete. Sate on grade IONA be
constructed r subbase as specified the project structural pane potted to 955
maximum tly ddensity. All thwork E Me drainage shall be etrubted in
accordance with all app4cable local and regional building codes and standards.
C. CONCRETE
1. Poured in plea concrete work shall be an,Wcted of normal weight, five Bock
Portland Cement Concrete, timing a minimum 2B—day compressive strength of 2,500
ppoo for elate o 9raae rill area. boom.or be consWdea of n I 'ght four Da
P0�rtiond a ni 0Me havinrgg ini m 26—away prseive oHengN of 2,50
psi for cad —in —place pier. NI portland u menl crate hall canferm 40 the
quiremenle of he 318, 'Building a dpi Requimmenta for Reinforced Concrete',
laird edcion. The anode shah be placed with a e um of 312 pouide of water
per cubic yard. Maximum .lump shall be 4 inches. The use M any admixture in the
concrete must be approved by he Engineer.
2. All awy placed concrete shall be cured in accordance with the prof turn in ACI
309, 'Standard Practice for Curing Concrete', latest of the Ow M.44,4 of curig .hall
3a t the option of the Contractor an with bolts,
etl of the Owner.
3. All meta or to
deacon archer bolts, etc, shal be .eared in ploy and
inspected.Allwo prior to placing concrete.
4. All work done antler this motion shall conform with the applicable portion. of ACI
318, bled Millen.
D. REINFORCEMENT
1. Use Grade 40 deformed reinforcing for.44 and smaller bare and Grade 80 for 45 and
larger bans conforming to the requirements of 05TM A515. Staggered reinforcing
tar contact splices shall by 48 dametem. Support horizontal steel a1 bottom on
mortar blocks. Maintain a minimmn of 3 Inch clearance for surfaces poured against
earth; rninimum 1.5 inch elsewhere U.N.O.
2. All reinforcing shall be encored in plea and inspected prior fo placing of concrete or
3°NI work done under his motion shall conform with the applicable portions of ACI
318, latest edition, particularly Chapter 7, "Details of Reinforcement'.
ABBREVIATIONS
AB. Anchor Bolt GtB, Slalom Beam
ALT. Akemate HD. Hoboes
APA American Plywood Association NOR. Header
ARCH, Architect MB. Machine Bolt
BFW. Bolton Framed Wall MIN. Minimum
BUG Blocking MBR Member
BM. Beam MTL Metal
BN. Block Nailing NTS. Not to Scab
BOT. Bottom OC. On Center
BAG. Bearing PL Plate
CIA. Cantilever PLY. Plywood
CL Center Une PIDF. Pmervative Treated Douala. Fir
CIG. Ceiling REINF Reinforcement
CIA. Clear RECD. Required
CMU. Concrete Masonry Unit RF. Roof
COL Column RR. Roof Rafter
COLL Collector
CONC. Concrete
CONT. Continuous
CTRS. Centers
DEL Double
DF.
DIM.
DET.
DWG
(E)
EN.
EA
FN.
FWD.
Douglas Fr
Dlmen0an
Detail
Drawing
Existing
Edge Nailing
Each
Floor
Field Nailing
Foundation
FTG Footing
F.O.S. Face of Stull
SAD. See Architectural Drawings
SE. Solid Blocking
SCH. Schedule
SHAWL Shear Wall
SHTG. Sheathing
SIM. Similar
SMF. Steel Moment Frame
SN. Sill Nailing
STL Steel
T.813. Top and Bottom
TJI. True. JoiFloor Joist
TS TJBE STEEL
TYP. Typical
C.B.C. California BuUdon ng Code, latest editi Un1055
U.O.N. Unbar Otherwise Noted
V.I.F. Verify In Flstd
W/ With
WWF Welled Wire Fabric
SCOPE OF WORK
NEW SITE REY/MINING WALL
APROXIMATELY 100' LONG 3' TO 4' MAX HEIGHT
BUILDING CODES
• 2019 CALIFORNIA RESIDENTIAL CODE
• 2019 CALIFORNIA BUILDING CODE (CBC)
• LOCAL CODES & ORDINANCES
atm
e/ MO anwr
SICE Or
GWRRIA RE
FLEE WEN&
e RWRC. ES
SAT (16III
2L1_011
/
ADD TO (E) FTG.
SEE W ON DET1/SN
warm. to
3/4' DRAM ROD(
Wi ALTER BLANKET
OR STALE OF
CAUFOTNIA TYRE 3b
FILTER MATERIAL
4'♦PERF.
PVC SIM 35
AWE 0 0.02
STRUCTURAL DESIGN INFORMATION
LATERAL DESIGN SYSTEM INFORMATION
OCCUPANCY, IMPORTANCE FACTOR_II,1.0
BASIC WIND SPEED (3 Sec. gust)_ 110mph
WIND EXPOSURE CATEGORY B
LATITUDE -LONGITUDE = 37.721 N,-121.919 W
SEISMIC DESIGN FACTORS:
SS=1,760, S1=0.645, SDS=1,408, SDI= 0.731
R=8.5, CD=4, CS=0.1B5
SITE CLASS=O, DESIGN CATEGORY=D
ALLOWABLE BEARING PRESSURE 1,500 PSF
REVIEWED
for Gode Compliance
CITY OF DUBLIN
Building a Safety Division
WALL
HT.
(h)
FTG,
LENGTH
(w)
FTC,
HEIGHT
(0
VERTICAL
STEEL
(Ys)
HWk2
STEEL
(Hs)
LOND10DML
51L8
0.0
Y
2-3
14'
M 016' GC.
#4 016' 0.C.
µ 0 15' 0.C.
14'
/4 0 15' G.C.
P 016' DC.
14 0 15' 011.
CMU RETAINING WALL
SCALE 1-1/2' _ 1'-0"
ENGINEERING
EXISTING RESIDENCE
NEW RETAINING WALL
W
0.o
47
CL
J <
CCU
(L
m
N
N.
FOUNDATION FRAMING
Z
0
a
ROOFFRAMING PLAN
JOB# P021-143
DATE: NOV. 2021
DRAWN BY: PVS
ENGINEER: TAF
SCALE: 1/4"=1'-0'
CAD FILE: P021-143