HomeMy WebLinkAboutReso 192-07 Rec Use License Amend
RESOLUTION NO. 192 - 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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APPROVING FIRST AMENDMENT TO RECREATONAL USE LICENSE AGREEMENT
BETWEEN CITY OF DUBLIN (CITY) AND ALAMEDA COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT (ZONE 7) ADDING T ASSAJARA CREEK
REGIONAL TRAIL WITHIN TRACT 7414 AND LOT 131 OF TRACT 7075
WHEREAS, Zone 7 and the City previously entered into a License Agreement on March 18,
1987, as authorized by City Council Resolution No. 15-87; and
WHEREAS, the 1987 License Agreement and Modifications 1-5 were replaced by a Recreational
Use License Agreement between Zone 7 and the City on February 15,2005, as authorized by City Council
Resolution No. 16-05; and
WHEREAS, the Recreational Use License Agreement includes the Tassajara Creek Regional
Trail located within land owned by Zone 7; and
WHEREAS, an additional segment of the Tassajara Creek Regional Trail has been constructed
within Parcels A, B, C, and D (Assessor's Parcel Nos. 986-0031-002, 986-0032-002, 986-0032-003 and
986-0030-004) of Tract 7414, recorded June 28, 2004, in Book 275 of Maps at Pages 66-80, and a portion
of Lot 131 (Assessor's Parcel Number 986-0028-004) of Tract 7075, recorded on April 18, 2001, in Book
257 of Maps, Pages 47-61 ("Parcels"), Official Records of Alameda County; and
WHEREAS, Zone 7 will accept title to the Parcels; and
WHEREAS, the City intends to operate and maintain the Tassajara Creek Regional Trial within
the Parcels; and
WHEREAS, Zone 7 and the City have prepared an amendment to the Recreational Use License
Agreement to add the Parcels and the additional trail within these parcels to the Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the First Amendment to the Recreational Use License Agreement between the Alameda
County Flood Control and Water Conservation District (Zone 7) and the City of Dublin, attached hereto as
Exhibit "A".
BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed to
transmit a certified copy of this Resolution, along with duplicate executed copies of the First Amendment
to the Recreational Use License Agreement to Zone 7 for the District's Board approval and processing.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement.
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PASSED, APPROVED AND ADOPTED this 16th day of October, 2007.
AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, and Mayor Lockhart
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
auz( ~
/ Interim City Clerk
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A05-23-DUB M1
AMENDMENT NO. 1
TO THE RECREATIONAL USE LICENSE AGREEMENT BETWEEN
THE CITY OF DUBLIN AND ZONE 7 OF THE ALAMEDA COUNTY
FLOOD CONTROL AND WATER CONSERV ATIONDISTRICT
THIS AMENDMENT TO THE RECREATIONAL USE LICENSE AGREEMENT
("AMENDMENT"), is entered into by and between the Zone 7 of Alameda County Flood
Control and Water Conservation District, a body corporate and politic, hereinafter referred to as
"ZONE 7", and the City of Dublin, a Municipal Corporation, hereinafter referred to as "CITY".
RECITALS
This AMENDMENT is entered into on the basis ofthe following facts, intentions and
understandings of ZONE 7 and CITY hereto:
WHEREAS, ZONE 7 and CITY previously entered into that certain Recreational Use
License Agreement between the Zone 7 of Alameda County Flood Control and Water
Conservation District and the City of Dublin dated February 16, 2005, as authorized by City
Resolution No.16-05 and Zone 7 Resolution No.05-2722 ("LICENSE"); and
WHEREAS, ZONE 7 has agreed to allow CITY to use certain flood control channel
. properties (LICENSED AREAS) to construct, improve, maintain and operate the LICENSED
AREAS for park and recreation purposes; and
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WHEREAS, it is mutually agreed between ZONE 7 and CITY to add additional channel
properties to the LICENSE for the privilege of using said properties for park and recreational
facilities use under the terms of said LICENSE as modified by this AMENDMENT; and
NOW, THEREFORE, in consideration of the mutual covenants and promises set forth
herein, the receipt and adequacy of which is hereby acknowledged, ZONE 7 and CITY hereby
agree to the following AMENDMENT:
1. LICENSED AREAS to be added to LICENSE, as provided under Section 3, are the
Tassajara Creek properties delineated in Exhibit "B-7", which is attached hereto and
made a part hereof and more particularly described as follows:
a. Parcel A, Parcel B, Parcel C and Parcel D of Tract Map 7414, filed June 28, 2004,
in Book 275 of Maps. Pages 68 through 80, Official Records of Alameda County.
Assessor's Parcel Numbers: 986-0031-002 (Parcel A), 986-0032~002 (Parcel B),
986-0032-003 (Parcel C) and 986-0030-004 (Parcel D)
AOS-23-DUB M1
b. Being a portion of Lot 131 as shown on Tract 7075, filed on April 18, 2001, in
Map Book 257, Pages 47-61, Official Records of Alameda County and being
more particularly described as follows:
Commencing at the northwestern comer of said Lot 131; thence along the
northern line of said Lot 131, South 86035'44"East, 272.59 feet to the
point of beginning; thence continuing along said northern line, South
86035' 44" East, 333.31 feet to the eastern line of said Lot 131; thence
along said eastern line for the following five (5) courses: (1) South
46003'01" West, 22.15 feet; thence (2) South 64047'01" West, 80.00
feet; thence (3) South 31009' 0 1 " West, 91.00 feet; thence (4) South
46046'01" West, 43.00 feet; thence (5) South 00001 '59" East, 7.84 feet to
the southern line of said Lot 131; thence along said southern line, North
86035'45"West 242.04 feet; thence leaving said southern line, North
03057'06" West, 64.36 feet; thence North 37005'58" West, 132.71 feet to
the point of beginning.
Assessor's Parcel No. 986-0028-004 (portion)
2. Park Maintenance and Operation Responsibilities of CITY and its Authorized Agents.
a. Park and Recreational Improvements, as denoted under Section 7a. of the
LICENSE, shall also include all vegetation/landscaping, irrigation
systems, fencing, "frog pond", and stream restoration areas.
b. CITY maintenance responsibilities shall include all monitoring and
regulatory compliance activities associated with the frog pond and stream
restoration area located within the LICENSED AREA.
c. Creek channel bank related maintenance and repair obligations resulting
from, in connection with or necessitated by CITY's use of the LICENSED
AREA or exercise of privileges granted under the LICENSE, shall be at
the sole cost of CITY.
3. Duties of Zone 7. ZONE 7's maintenance and repair obligations shall be limited
solely to that which, in ZONE 7's sole and reasonable discretion is determined to be
necessary for ZONE 7's flood control and water conservation related needs and/or
activities.
4. In all other respects, the terms and provisions of the LICENSE are to continue in full
force and effect.
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A05-23-DUB M1
IN WITNESS WHEREOF, ZONE 7 and CITY have caused their corporate names to be affixed
hereto by their respective officers authorized to do so.
ZONE 7 OF ALAMEDA COUNTY
FLOOD CONTROL AND WATER
DISTRICT
By:
G. F. Duerig
General Manager, Zone 7
APPROVED AS TO FORM: APPROVED AS TO FORM:.
AMY NAAMANI, GENERAL COUNSEL . CITY ATTORNEY
By: ~~ 4I-S;L
City Attorney
By:
General Counsel
Date:
Date:
/11 . I 7. ()..,
ATTEST:
ATTEST:
By: ~~ ~~
City'Clerk
By:
Secretary, Board of Directors
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Exhibit "B-7" Recreational Use License Agreement
Tassajara Creek Licensed Areas
____no Class 1 Bike Path
Licensed Areas
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October, 2007
Imagery backdrop collected in June 2003 by
HJW GeoSpatial, Inc. for the City of Dublin,
the City of Livermore, and Alameda County Flood
Control and Water Conservation District - Zone 7.
1 inch equals 400 feet