HomeMy WebLinkAbout4.3 Storm Drain Ease Fenwick Ct CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: December 12, 1988
SUBJECT: - Recission of Rejection of Storm Drain Easement, Lot 17
of Tract 4749 (11550 Fenwick Court) and Acceptance of
Easement; Acceptance of Grant Easement from Property
Owner
EXHIBITS ATTACHED: 1) Resolution Rescinding Rejection of Storm Drain
Easement and Accepting Easement
2) Resolution Accepting Grant of Easement from
Property Owner (Dennis Jeffery)
3) Easement Grant Deed
4) Diagram Showing Location of Improvements and
Easements
5) October 26, 1987, Agenda Statement Regarding
• Acceptance of Maintenance
RECOMMENDATION:
. ----()C.--
Adopt Resolutions
FINANCIAL STATEMENT: No cost associated with acceptance of easements.
Maintenance cost was approved in a previous action
(see description) .
DESCRIPTION:
On October 26, 1987, the City Council conditionally approved acceptance
of maintenance for a large drainage facility located on Lot 17, Block A, of
Tract 4749 (11550 Fenwick Court) , subject to the maintenance improvements
being completed to City standards. This facility consists of a 48" diameter
pipe, which picks up storm water from Koopman Canyon, and a large trash rack
and winch. The City agreed to maintain the facility because of its size and
because the private homeowner has no control over the watershed.
Staff has been working with the developer of Tract 4749, Estate Homes,
to make certain improvements to the facility (an all weather access, including
stairs) and to develop a plat and legal description for additional easements
to accommodate the improvements. The work has been completed satisfactorily,
as have the plat and description.
In order to accept the original easement which appears on the Final Map
and which was originally rejected, the City Council must rescind the rejection
and accept the storm drain easement. The resolution identified as Exhibit 1
accomplishes this purpose.
Since the property has been sold to a private homeowner, a grant of
easement must be obtained from that property owner for the additional easement
area. This grant of easement has been obtained from the homeowner, Mr. Dennis
Jeffery. The resolution identified as Exhibit 2 accepts the easement grant
deed.
Staff recommends that the City Council adopt the resolutions.
R:e.y
ITEM NO. "71.: / COPIES TO: Garry Brown, Estate Homes
Dennis Jeffery
RESOLUTION NO. -88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
RESCISSION OF REJECTION OF OFFER OF DEDICATION OF STORM DRAIN EASEMENT
ACROSS LOT 17 OF BLOCK A OF TRACT 4749
AND ACCEPTANCE OF OFFER OF DEDICATION
WHEREAS, by Resolution No. 56-84 adopted June 11, 1984, the City
Council of the City of Dublin did reject the offer of dedication of Storm
Drain Easements (S.D.E. 's) in Tract 4749 shown on that certain map entitled
"Tract 4749" filed June 15, 1984, in Book 145 of Maps at Pages 22 through 26
thereof, records of Alameda County, California; and
WHEREAS, the hereinafter described Storm Drain Easement as shown
on said map is required for maintenance of a drainage facility located on Lot
17 of Block A of Tract 4749;
NOW, THEREFORE, BE IT RESOLVED pursuant to the authority of
Section 66477.2(a) of the Government Code of the State of California, that the
City Council hereby rescinds the previous rejection of the offer of dedication
of that certain Storm Drain Easement across Lot 17 of Tract 4749.
BE IT FURTHER RESOLVED that the offer of dedication made by Estate
Homes of Northern California, Inc. , a California Corporation, dated June 4,
1984, on the aforesaid map of Tract 4749 be, and the same is hereby accepted
as to the hereinabove described portion thereof only; and
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized
and directed to cause a certified copy of this resolution to be recorded at
the office of the Recorder of Alameda County.
PASSED, APPROVED, AND ADOPTED this 12th day of December, 1988.
AYES:
NOES:
ABSENT:
Mayor
ATTEST: •
City Clerk "}
T e
RESOLUTION NO. -88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
ACCEPTING A GRANT OF STORM DRAIN EASEMENT
ACROSS LOT 17 OF BLOCK A OF TRACT 4719
WHEREAS, the City Council of the City of Dublin has accepted the
maintenance of a storm drainage facility located on Lot 17 of Block A of Tract
4749; and
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WHEREAS, an easement is required for maintenance of this
facility; and
WHEREAS, the owner of the property, Dennis Jeffery, has offered a
grant of easement for storm drain maintenance purposes;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin does accept this grant of easement as described in Exhibit A and
shown in Exhibit B attached hereto.
PASSED, APPROVED, AND ADOPTED this 12th day of December, 1988.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
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:... .... - - EXHIBIT " A•' . ._._.. .• ___.._._- . . :.. :_.. ._.. ._..•
LEGAL DESCRIPTION
STORM DRAIN EASEMENT
LOT 17, BLOCK "A"
TRACT 4749
REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA,
DESCRIBED AS FOLLOWS:
BLOCK A
PORTION OF LOT 17/ AS SAID LOT IS SHOWN ON THE MAP OF "TRACT 4749", FILED JUNE
15, 1984 IN BOOK 145 AT PAGE 22, SERIES NO. 84-117599, OFFICIAL RECORDS OF
ALAMEDA COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS.FOLLOWS:
PARCEL ONE •
BEGINNING AT THE NORTHEASTERN CORNER OF SAID LOT 17, AS SAID LOT IS SHOWN ON
SAID MAP;
AND RUNNING THENCE ALONG THE NORTHEASTERN LINE OF SAID LOT SOUTH 18°11'43"
EAST 45.00 FEET TO A POINT ON THE NORTHEASTERN LINE OF AN EXISTING 15 FOOT
WIDE STORM DRAIN EASEMENT, AS SAID EASEMENT IS SHOWN ON SAID MAP;
THENCE ALONG SAID NORTHEASTERN LINE NORTH 60°15'27" WEST 62.65 FEET TO A POINT
ON THE NORTHWESTERN LINE OF SAID LOT 17;
THENCE ALONG. SAID NORTHWESTERN LINE NORTH 73°52'12" EAST 42.00 FEET TO THE
POINT _OF BEGINNING.
CONTAINING. 944 SQUARE FEET, MORE OR LESS.
PARCEL TWO:
A' STRIP OF LAND 5.00 FEET IN WIDTH, RIGHT ANGLE -MEASUREMENT,LYING
SOUTHWESTERLY AND COINCIDENT WITH THE SOUTHWESTERN LINE OF SAID EXISTING 15.00
FOOT WIDE STORM DRAIN EASEMENT.
CONTAINING 425 SQUARE FEET, MORE OR LESS.
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BY TAT LEGEND •
852010.52 EXISTING LOT LINE
— — — EXISTING EASEMENT LINE
• BISSELL & KARN , INC. - --- — BOUNDARY OF PROPERTY BEING DESCRIBED
100 N. MILPITAS BLVD., SUITE 160 -
M I L P I T A S, CALIF. 95035
EXHIBIT " B" PLAT MAP
ADDRESS 11550 FENWICK COURT ASSESSOR PARCEL NUMBER 9.41-2758-064
1
PREPARED BY BISSELL AND KARN, INC. APPROVED-
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• RECOI ; REQUESTED BY
CITY Of __.3LIN
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AND WHEN RECORDED MAIL TO
[—CITY OF DUBLIN
Name 7 .
street P.DU 0. BOX 2340
A drens BLIN, CA 94568
City
state
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SPACE ABOVE This LINE FOR RECORDER'S USE-
. i MAIL TAX STATEMENTS TO
Name
Street
A°°ress
City
state
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TRANSFER TAX 5
GRANT DEED
(Escrow No )
By this instrument dated ,fora valuable consideration,
DENNIS JEFFERY .
hereby GRANTS to
THE CITY OF DUBLIN, A MUNICIPAL CORPORATION
the following described Real Property in the State of California,County of ALAMEDA
City of DUBLIN
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND SHOWN ON PLAT MAP
EXHIBIT "B" ATTACHED
.
STATE OF CALIFORNIA
County of /-2L/9/.10/9 I�//
On this 3O day of /YOVEtife ,e in the year /9e5
Notary Public, State of Califo is, duly ecommissioned and sworn,
personally appeared f�ENN/S' Jzc� -E�Y rn,
to me on the basis of satisfactory evidence) to be the person whose name subscribed toothi
instrument, and acknowledged that he (she) executed it.
IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal in the
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forth above in this certificate. County of //-4!/9/yC�f} on the date set •
,...4._:......,._OFFICWL SEAT
i s KAY KECK
4 -Ztf�..?1,, NOTARY PUBLIC•CALICOVRA Notary Pti:l c, St-te of California
' •„q.nY AtAAIEDA rotary•
M'Coam.cx;,res Aug.zd,1BBZ p 8/..________ _____
My commission expires:
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STATE OF CALIFORNIA On this day of , in the year 19 , before me
cs
SS , personally appeared
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L COUNTY OF ALAMEDA personally known to
me (or proved to me on the basis of satisfactory evidence) to
be the person who e�^^ ^a +t ^ ^^��••m�^* ^
of
� o to me that the 6:"" `k,3 fljs•
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MAIL TAX ST;
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.... .. ....: . ...... .: . EXHIBIT- A
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LEGAL DESCRIPTION
STORM DRAIN EASEMENT
LOT 17, BLOCK "A"
TRACT 4749
REAL PROPERTY IN THE CITY OF DUBLIN, COUNTY OF ALAMEDA, STATE OF CALIFORNIA,
DESCRIBED AS. FOLLOWS:
BLOCK A
PORTION OF LOT 17,/AS SAID LOT IS SHOWN ON. THE MAP OF "TRACT 4749", FILED JUNE
15, 1984 IN BOOK 145 AT PAGE 22, SERIES NO. 84-117599, OFFICIAL ,RECORDS OF
ALAMEDA COUNTY, CALIFORNIA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL ONE
BEGINNING AT THE NORTHEASTERN CORNER OF SAID LOT 17, AS SAID LOT IS SHOWN ON
SAID MAP;.
AND RUNNING THENCE ALONG THE NORTHEASTERN LINE OF SAID LOT SOUTH 18°11'43"
EAST 45.00 FEET TO A POINT ON THE NORTHEASTERN LINE OF AN EXISTING 15 FOOT
WIDE STORM DRAIN EASEMENT, AS SAID EASEMENT IS SHOWN ON SAID MAP;
THENCE ALONG SAID NORTHEASTERN LINE NORTH 60°15'27" WEST 62.65 FEET TO A POINT
ON THE NORTHWESTERN LINE OF SAID LOT 17;
THENCE ALONG SAID NORTHWESTERN LINE NORTH 73°52'12" EAST 42.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 944 SQUARE FEET, MORE OR LESS.
PARCEL TWO
A STRIP OF LAND 5.00 FEET IN WIDTH, RIGHT ANGLE MEASUREMENT,LYING
SOUTHWESTERLY AND COINCIDENT WITH THE SOUTHWESTERN LINE OF SAID EXISTING 15.00
FOOT WIDE. STORM DRAIN EASEMENT.
CONTAINING 425 SQUARE FEET, MORE OR LESS.
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1-12-88 LEGEND
BY TAT
852010.92 EXISTING LOT LINE
— — EXISTING EASEMENT LINE
BISSELL & KARN , 1 N C. ° BOUNDARY OF PROPERTY BEING DESCRIBED
100 N. MILPITAS BLVD., SUITE 160
MILPITAS, CALIF. 95035
EXHIBIT "B" PLAT MAP _
ADDRESS 11550 FENWICK COURT ASSESSOR PARCEL,NUMBER 9.41-2758-064 if
PREPARED BY BISSELL AND KARN, INC. APPROVED: ,1 f -3--�L �.�,,_
DATE. I 7 � �
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PLAT OF PROPERTY AND
PUBLIC /M/°RO!'CMENTS
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�9,¢9F • LOT/7, DLOCKA, T1�4749 .
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CITY OF DUBLIN
AGENDA STATEMENT
City Council Meeting Date: October 26, 1987 •
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. SUBJECT: Request for Acceptance of Maintenance - Koopman Canyon
Trash Rack
EXHIBITS ATTACHED: 1) Letter from Estate Homes
2) Copy of USGS Map Showing Watershed
3) Letter from Bissell & Karn Regarding Trash Rack •
4) Plot Plan Showing Easement
5) Sketch of Stairs
6) Slides of Facility to be Shown at Meeting
.. RECOMMENDATION: Approve acceptance of maintenance of the trash rack
behind Lot 17 Fenwick Court of Estate Homes Tract
4749, subject to Estate Homes' completion of
` construction of the trash rack to the satisfaction of
the City Engineer, providing an all-weather vehicle
° access to the top of the slope and pedestrian access
to the trash rack.
FINANCIAL STATEMENT: Maintenance Staff will monitor the trash rack as part
of their storm patrol and remove debris if necessary.
The cost of constructing the trash rack and access
will be fully paid by the developer.
DESCRIPTION:
Koopman Canyon, just north of the Dublin City Limit and•behind'the
Laborers Training Camp, is approximately 150 acres in size, and all the water
collected from this watershed drains to and is picked up by a 48" diameter
pipe behind Lot 17 of Tract 4749.
For somewhat over a year, the City and Estate Homes have been discussing
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. the possibility of the City's assumption of maintenance of this drainage
• facility, including the trash rack that prevents debris from washing into the
storm drain system and the winch used for raising and lowering the rack.
Staff has continued the policy established by the County to not maintain
storm drain facilities until they begin picking up water from public streets
or from lands controlled by the City; however, an exception is being
recommended in this case for the following reasons:
1) There is a heavily wooded large watershed above this private
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residence, over which the residence owner has no control.
2) Expected debris removal during a heavy storm is too large a job for
• one property owner, as maintenance personnel and equipment will be
required.
To assure that heavy debris does not enter the City's storm drain
system, and to lessen the risk of flooding of residences downstream of this
watershed, Staff recommends acceptance of maintenance of the trash rack,
subject to certain improvements being installed to allow ease of access by
• City maintenance crews. The developer will be required to meet standards
established by the City Engineer and to address items noted in Exhibit 3. If
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• the City Council concurs with this recommendation, it will be necessary to
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amend the Final Map originally recorded and accept a maintenance easement.
This item would be placed on a future agenda.
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ITEM NO. � • C0: Hb1T 5
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