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HomeMy WebLinkAboutItem 4.15 Ease to DSRSD/DERWACITY CLERK FILE #0670-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: November 16, 1999 SUBJECT: Grant of Water Line Easement to Dublin-San Ramon Services District (DSRSD) and to the Joint Venture Dublin-San Ramon Services District-East Bay Municipal Utilities District Recycled Water Authority (DERWA) Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) 2) Resolution Granting Water Line Easement to Dublin-San Ramon Services District (DSRSD) and to the Joint Venture Dublin-San Ramon Services District-East Bay Municipal Utilities District Recycled Water Authority (DERWA) Grant of Easement RECOMMENDATION: Adopt Resolution FINANCIAL STATEMENT: In exchange for this easement, the grantees agreed to provide the City of Dublin with improvements and services with a value in excess of $30,000. The Grantee has provided needed drainage improvements in the area, bleachers for the easterly ballfield, additional tree planting, the retrofit of the Sports Grounds irrigation system for recycled water, and reduced water rates for five years. These in lieu services are in excess of the agreed-to $30,000. DESCRIPTION: DSRSD and DERWA have installed two water lines along the easterly edge o£the Dublin Sports Grounds under a right-of-entry permit. These two pipes will carry: 1) Reverse Osmosis recycled water to wells in Livermore, and 2) Recycled water to the City of Dublin and to Contra Costa County for landscaping irrigation. These services will help reduce the need for treated water export to the San Francisco Bay and will provide a consistent supply of irrigatiOn water during periods' of drought. The title to the Dublin Sports Grounds park land contains a reversionary clause in favor of the Federal Government (Department of the Interior), which protects this land from being used for anything other COPIES TO: Carl Morrison, DSRSD Dave Requa, DERWA ITEM NO. ~ g:\ageranisc\recycled water line dsg.doc than park purposes. The Staff of the Department of the Interior has indicated that they will consider this easement as park purposes if the City receives the benefit to the park in the amount of the fair market value of the easement. This value was determined to be $30,000. Since this requirement has been met, it is appropriate for both the City and the Department of the Interior to sign the easement deed. Staff recommends that the City Council approve the resolution granting the water line easement to Dublin-San Ramon Services District (DSRSD) and to the Joint Venture Dublin-San Ramon Services District-East Bay Municipal Utilities District Recycled Water Authority (DERWA). Page 2 RESOLUTION NO. - 99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING GRANT OF EASEMENT TO DUBLIN-SAN RAMON SERVICES DISTRICT AND TO THE JOINT VENTURE DUBLIN-SAN RAMON SERVICES DISTRICT-EAST BAY MUNICIPAL UTILITIES DISTRICT RECYCLED WATER AUTHORITY FOR RECYCLED WATER LINES CROSSING DUBLIN SPORTS GROUNDS WHEREAS, in order to provide recycled water service to wells in the City of Livermore and recycled water to the City of Dublin and to Contractor Costa County for landscaping, the Dublin San Ramon Services District has requested a recycled water line easement; and WHEREAS, the best location for the recycled water lines is across the easterly edge of Dublin Sports Grounds, a parcel that is currently owned by the City of Dublin, but protected by a reversionary clause in favor of the Federal Government (Department of the Interior), protecting this land from being used for anything other than park purposes; and WHEREAS, this requirement is met by benefit to the Dublin Sports Grounds park land in the value of improvements in the amount of $30,000; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the grant of recycled water line easemem to the Dublin San Ramon Services District and to the joint venture Dublin San Ramon Services District-East Bay Municipal Utilities District Recycled Water Authority; BE IT FURTHER RESOLVED that the Mayor is authorized to execute the grant deed. PASSED, APPROVED AND ADOPTED this 16th day of November, 1999. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:\agenmisc\reso dsg water easement.doc Recording at the request of: And When Recorded, Mail To: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 Space above this line for Recorder's use. Tax exempt governmental entity acquiring title. District Secretary Dublin San Ramon Services District Easement No. Affects APN 941-1400-2-13 Escrow No. GRANT OF EASEMENT By this easement dated , for valuable consideration, the CITY DUBLIN (GRANTOR") hereby GRANTS to each and individually the DUBLIN SAN RAMON SERVICES DISTRICT, a political subdivision of the State of California, and DUBLI~ SAN RAMON SERVICES DISTRICT.EAST BAY MUNICIPAL UTILITY DISTRICT RECYCLED WATER AUTHORITY, a joint powers authority, ("GRANTEES"), both located in the counties of Alameda and Contra Costa, a perpetual right of way and public service easement for the purpose of excavating, installing, constructing, reconstructing, repairing, replacing (in the original or any other size), maintaining, and operating public utility facilities including, but not limited to, a pipeline or pipelines, or main or mains, for recycled, reclaimed, demineralized, or potable water, and all appurtenances thereto, in, under all that certain land, located in what is known as the Dublin Sports Grounds in the City of Dublin, County of Alameda, California, more particularly described in the two (2) plats and three (3) legal descriptions comprising Exhibit "A" hereof, attached hereto and incorporated herein by reference. Although the documents in Exhibit "A" describe an individual easement to each of the Grantees, Grantor considers the two easements as one and grants to both Grantees an easement that includes the property described in the two easements in Exhibit "A." The foregoing easement includes the free dght of ingress and egress over and across the remaining portion of Grantor's property which includes the easement granted hereunder, insofar as such right of ingress and egress is necessary to the proper use and rights granted herein. Grantor reserves the right to install landscaping or otherwise use the surface of the land included within the easement granted herein; provided, that such use or uses shall be consistent with the Grantee's use of the easement. Without limitation upon the foregoing, Grantor's reserved right does not include planting of trees or the installation or construction of permanent structures, including, but not limited to, houses, garages, outbuildings, swimming pools, tennis courts, retaining walls, docks, patios, or other structures constructed of concrete, asphalt, steel, brick, rock, or other immovable or impervious materials. In the event the pipelines and/or appurtenances require major maintenance, repairs or replacement, the Grantor also hereby grants to Grantees the right to use the property described as the Temporary Construction Easement in Exhibit "A" attached hereto for the use and storage of tools, machinery, materials and equipment by Grantees. Following construction activities, Grantees shall return the property described in both the Easement and Temporary Construction Easement to the condition before such major maintenance, repairs or replacement activities were commenced. This Grant of Easement is binding upon, and inures to the benefit of, the successors and assigns of the parties hereto. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of the day and year first above written. GRANTOR: CITY OF DUBLIN By Title Date APPROVED FOR AND ON BEHALF OF THE SECRETARY OF INTERIOR. By Title Date DATE: TO: FROM: SUBJECT: CITY OF DUBLIN Public Works Dept. P. O. Box 2340, Dublin, California 94568 City Offices, 100 Civic Plaza, Dublin California 94568 MEMORANDUM December 16, 1999 Kay Keck, City C~ Lee S. Thomp on~, ul~lic Works Grant of Easement to DSRSD Director We have been notified by DSRSD that the Grant of Easement that the Mayor previously signed and you notarized is not correct as it includes DERWA in the easement. Attached is the revised Grant of Easement. Please have the Mayor sign the revised Grant and would you please notarize it. The completed document needs to be returned to me after it is executed. Thanks. LST/mb Attach. g:corres\lst\dec99~k2 memo dsrsd revised grant Recording at the request of: And When Recorded, Mail To: Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 Space above this line for Recorder's use. Tax exempt governmental entity acquiring title. District Secretary Dublin San Ramon Services District Easement No. Affects APN 941-1400-2-13 Escrow No, GRANT OF EASEMENT By this easement dated /' 99 , for valuable consideration, the CITY DUBLIN (GRANTOR") hereby grants to DUBLIN SAN RAMON SERVICES DISTRICT, a political subdivision of the State of California, located in the counties of Alameda and Contra Costa, a perpetual right of way and public service easement for the purpose of excavating, installing, constructing, reconstructing, repairing, replacing (in the original or any other size), maintaining, and operating public utility facilities including, but not limited to, a pipeline or pipelines, or main or mains, for recycled, reclaimed, demineralized, or potable water, and all appurtenances thereto, in and under all that certain land, located in what is known as the Dublin Sports Grounds in the City of Dublin, County of Alameda, California, more particularly described in the two (2) legal descriptions and (2) plats comprising Exhibit "A" hereof, attached hereto and incorporated herein by reference. For convenience of a possible future conveyance of an easement for either one or both of the pipelines, for which it is understood that approval will be required of Grantor and the Department of Interior, each of the legal descriptions in Exhibit "A" describes an easement for an individual pipeline. For this Grant of Easement, however, both descriptions are to be considered as describing one easement granted to Grantee. . The foregoing easement includes the free right of ingress and egress over and across the remaining portion of Grantor's property which includes the easement granted hereunder, insofar as such right of ingress and egress is necessary to the proper use of the rights granted herein. Grantor reserves the right to install landscaping or otherwise use the surface of the land included within the easement granted herein; provided, that such use or uses shall be consistent with the Grantee's use of the easement. Without limitation upon the foregoing, Grantor's reserved right does not include planting of trees or the installation or construction of permanent structures, including, but not limited to, houses, garages, outbuildings, swimming pools, tennis courts, retaining walls, docks, patios, or other structures constructed of concrete, asphalt, steel, brick, rock, or other immovable or impervious materials. In the event the pipelines and/or appurtenances require major maintenance, repairs or replacement, the Grantor also hereby grants to Grantee the right to use the property described as the Temporary ConstruCtion Easement in Exhibit "A" attached hereto for the use and storage of tools, machinery, materials and equipment by Grantees. Following construction activities, Grantee shall return the property described in both the Easement and Temporary Construction Easement to the condition before such major maintenance, repairs or replacement activities were commenced. This Grant of Easement is binding upon, and inures to the benefit of, the successors and assigns of the parties hereto. IN WITNESS WHEREOF, Grantor has executed this Grant of Easement as of the day and year first above written. GRANTOR: CITY OF DUBLIN APPROVED FOR AND ON BEHALF OF THE SECRETARY OF INTERIOR. By. Title Date CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT County of personally appeared before me, O Name and Title cf.,Officer (e.g., "Jane Doe. Notary Public") Name(s) of Signer(s) '~personally known to me - OR - [] proved to me on the basis of satisfactory evidence to be the person.(.~r)" whose name(~')' is/.a4"~ subscribed tb the within instrument and acknowledged to me that he/~/J~executed the same in his/~ authorized capacity(.j.e~, and that by his~r~r signatur~on the instrument the perso~ or the entity upon behalf of which the perso~ acted, executed the instrument. ~~~~~C~ ~ WITNESS my hand and official seal. t~~NOTARY PUBLIC CALIFORNIA~ " ~ ~-~ ALAMEDA COUNTY ) ~' c=~,:.~ ~. No~ ~, 2000 ~ H OPTIONAL Though the information below is not required by la~ it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached D~,cument Document Date~~/~./ 799~ Number of Pages: Signer(s) Other Than Named Above: Capacity(ids) Claimed by Signer(s) ~ InOividual ~ I~dual D Corporate Officor litle(s): [] Attorney-in-Fact E3 Trustee [] Guardian or Conservator [] Other: Partner -- [] Limited [] General Signer Is Representing: Too of thumb nerd [] Partner ~_ Limited [] General [] Attorne,y-in-~ [- Trustee E Guardian or Cons~ator [] Other: % Signer Is Representing: TOD of thumb nerd © 1995 National Notary Association · 8236 Remmet Ave.. P.O. Box 7184 · Canoga Park. CA 91309-7184 Prod. No. 5907 Reorder: Call Toll-Free 1-800~876-6827