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Home My WebLink AboutReso 121-10 Davona Dr Easmt AgmtRESOLUTION NO. 121 - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING EASEMENT AGREEMENT FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF AN UPGRADED TRAFFIC SIGNAL SYSTEM, HIGHWAY LIGHTING AND CURB RAMP FACILITIES AT THE INTERSECTION OF DAVONA DRIVE AND ALCOSTA BOULEVARD BETWEEN CITY OF SAN RAMON AND CITY OF DUBLIN AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, City of San Ramon currently operates and maintains the traffic signal system at the intersection of Davona Drive and Alcosta Boulevard (the "Intersection"); and WHEREAS, City of San Ramon has received a Highway Safety Improvement Program (HSIP) grant to complete vehicular and pedestrian safety improvements at the Intersection; and WHEREAS, the existing maintenance agreement between City of Dublin and Contra Costa County executed in 1982 is outdated and does not provide for encroachment for r~ew upgrades; and WHEREAS, a new agreement needs to be established to define encroachment, operations and maintenance responsibilities. NOW, THEREFORE, the City Council of the City of Dublin does hereby approve the Easement Agreement for the Installation, Operation, and Maintenance of an Upgraded Traffic Signal System, Highway Lighting and Curb Ramp Facilities at the Intersection of Davona Drive and Alcosta Boulevard between City of San Ramon and City of Dublin (the "Agreement"), attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 17th day of August, 2010, by the following vote: AYES: Councilmembers Biddle, Hart, Hildenbrand, Scholz, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None ATTES . ? r ~ y*~ ` City Clerk ~ ~. ,~- ,~~~~,..,~ Mayor Reso No. 121-10, Adopted 8-17-10, Item 4.7 Page 1 of 1 ~ ~ I ~ EASEMENT AGREEMENT FOR THE INSTALLATION, OPERATION AIVD MAINTENANCE OF AN UPGRADED TRAFFIC SIGNAL SYSTEM, HIGHWAY LIGHTING AND CURB RAMP FACILITIES AT THE INTERSECTION OF DAVONA DRIVE AND ALCOSTA BOULEVARD This is an Easement Agreement by and between the City of Dublin, a municipal corporation, hereinafter referred to as "Dublin" and the City of San Ramon, a municipa~ corporation, hereinafter referred to as "San Ramon". WITNESSETH: WHEREAS, the intersection of Davona Drive and Alcosta Boulevard ("Intersection") is located in part within the Cities of Dublin and San Ramon; and WHEREAS, an existing traffic signal system, highway lighting and curb ramp facilities are in service at that Intersection; and WHEREAS, San Ramon desires to upgrade the traffic signal system, highway lighting and curb ramp facilities at that Intersection; and WHEREAS, Dublin desires to permit San Ramon to upgrade the traffic signal system, highway lighting and curb ramp facilities at that Intersection. NOW, THEREFORE, based on the foregoing mutuaI understandings, Dublin and San Ralnon agree as follows: 1• Grant of an Easement. Dublin hereby grants permissiort to San Ramon, its authorized agents and contractors, and San Ramon accepts fram Dublin, an easement for installation, operation, and maintenance of an upgraded traffic signal system, highway lighting and curb ramp facilities ("Improvements") for the benefit of Dublin, San Ramon and the general public ("Easement"). The area of the Easement is described and depicted in Exhibit "A" and "B" attached hereto and incorporated herein by reference. 2• Responsibilities of San Ramon a. San Ramon shall be responsible for the construction and installation of and all of the costs associated with said construction and instailation of the Improvements at the Intersection. Such costs include, but are not limited to, design, construction, construction administration and insgection of the Improvements. b. Upon completion of the Improvements and inspection and acceptance of the Improvements by Dublin, San Ramon shalt bear all responsibili[y for and pay all costs related to the operation or maintenance of, improvements to, or 1 EXHIBIT A T.. ~L.... [~..__~..a:___ ~~~ ~~~ 6 repiacement of the traffic signal system and/or the highway lighting at the Intersection. c. Upon completion of the Improvements and inspection and acceptance of the Improvements by Dublin, San Ramon shall bear all responsibility for and pay all costs related to any improvements to, the maintenance of, or replacement of the curb ramp facilities in the Easement area located within the boundaries of the City of San Ramon. 3• Responsibilities of Dublin a. Upon completion of the Improvements by San Ramon, Dublin shall inspect sUCh Improvements and accept the Improvements as complete and provide written notice of such acceptance within ten (10) days of inspection to San Ramon. Such acceptance shall not be unreasonably withheld. b. Upon acceptance of the Improvements as complete, Dublin shall bear all responsibility for and pay all costs related to any improvements to, the maintenance of, or replacement of the curb ramp facilities, sidewalks and streets in the Easement area located within the boundaries of the City of Dublin. 4• Qualitv of Maintenance San Ramon shall construct and install the traffic signal system, highway lighting and curb ramp facilities at the Intersection, and maintain such craffic signal system, highway lighting at the Intersection and the curb ramp facilities in the Easement area located within the boundaries of the City of San Ramon for such period of time as Davona Drive and Alcosta Boulevard continue to be used as public streets, at a leve] equal to that provided to the other traffic signa] systems, highway lighting and curb ramp facilities within the boundaries of the City of San Ramon. San Ramon agrees to maintain said traffic signal system, lighting and curb ramp facilities in a safe manner by use of either its own personnel and equipment or by contracting for such maintenance. ~• Arbitration. The parties will make a good faith effort to settle any controversy, claim or dispute arising out of or relating to this Easement Agreement within thirty (30) days. If the issue is not resolved within that time, it shall be resolved by the American Arbitration Association. Judgment upon arbitration hereunder may be joined or consolidated with any other arbitration matter between the parties as thc interest of justice and judicial economy may dictate. The prevailing party in any arbitration hereunder shall be entitled to recover all arbitration and legal expenses incurred. 2 ~h ~ ~ 6. Indemnification. a. San Ramon shal] indemnify, defend, and hold harmiess Dublin, its officials, officers, employees and agents from and against any and ali claims, demands, causes of action, liability, lass, costs, expenses, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to San Ramon's negligence or willful misconduct arising out of San Ramon's Responsibilities as set forth in Sections 2(a), (b) and (c) above, including, without limitation, all consequential damages, attorneys' fces and legal expenses incurred in the defense of any such claim. b. Dublin shall indemnify, defend, and hold harmless San Ramon, i[s officials, officers, employees and agents from and against any and atl claims, demands, causes of action, liability, loss, costs, expenses, damage or injury, in Iaw or equity, to property or persons, including wrongfuI death, in any manner arising out of, pertaining to, or relating to Dublin's negligence or willful misconduct arising out of Dublin's Responsibi'ities as set forth in Section 3(b) above, including, without ]imitation, all consequential damages, attorneys' fees and legal expenses incurred in the defense of any such claim. 7• Genera! Provisions. a. Con[rolling Law. The interpretation aald perforinance of this Easement Agrcement shall be governed by the Iaws of the State of California. Venue shall be in Contra Costa County. b. Attorneys' Fees. If any legal action, arbitration or other proceeding is brought to enforce this Easement Agreement, or because of any alleged dispute, breach, default or inisrepresentation in connection with this Easement Agreement, the prevailing party shall be entitled to recover actual attorney:s' fees and other costs it incurs in that action or proceeding, in addition to anv o~her rclief to which it may be entitled. ' c. Severability. If any provision of this Easement Agreement, or the application thereof to any person or circumstance, is found to be invalid, [he remainder of the provisions of this Easement Agreement, or the application of .such provision to persons or circumstances other than those as to which i[ is found to be invalid, as the case may be, shall not be affected thereby. d. Successors. This Easement Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, succcssors and assigns. ***SIGNATURES ON NEXT PAGE*** 3 .~ ~ 1 ~ IN WITNESS WHEREOF the parties have executed this Easement Agreement on the dates indicated below, the latest of which shall be deemed the effective date of this Easement Agreement. City of San Ramon A Municipal Corporation ("San Ramon") H. Abram Wilson, Mayor Date APPROVED AS TO FORM: City of Dublin A Municipal Corporation ("Dublin") Joni Pattillo, City Manager D ta e APPROVED AS TO FORM: Sheryl Schaffner Date John Bakker City Attorney Date City Attorney ATTEST: ATTEST: Patricia Edwards Date City Clerk Caroline Y. Soto Date City Clerk 4 lf/ ~ ; ~ ~ January 27, 2010 1ob ~lo-oao E~ibit A Legal Description-Constrnction Easement Real propexry situated in the City of Dublin, Alameda County, California described as follows: Being a portion of the public right of wav described as Davona Drive as shown on Tract Z289, filed on July 20, 19G2 for record in Book 45 of Maps at page 54, Alameda Counry Records, and being more particularly described as foIlows: Commencing at the northwestem corner of Lot 28 of Tract 4415, filed Febr~ary 26, 1987, in baok 1 G7 of Maps at page 71; thence from said corner along the northern line of said Lot 28, said line also being the southem right of way line of Alcosta Boulevard and the comrr,on line between the City of San Ramon and the Cit~~ of Dublin, North 73°52'04" East 277.54 feet to the true Point Of Beginning; ~ence leaving said coznmon Iine southerly along the arc of a 20 foot radius curve concave southwesterly, along the eastern line of said Lot 28 and the wesrem right of way line of Davona Dnve, through a centraI angle of 90°00'00", an arc Iength of 31.42 feet; thence South I6°07'S6" East 50.00 feet; thence leaving the western right of way line of Davona Drive North 73°52'04" East 68.00 feet to a point on the eastexn right of way Iine of Davona Drive; thence northerly along the castern right of way line of Davona Drive North 16°OT56" West 50.00 feet; thence easterly along the arc of a 20 foot radius curve concave southeasterly, through a central angle of 90°00'00" an arc length of 31.42 feet to a point of cusp Iying on the aforemendoned common line between the City of San Ramon and tt~e Ciry of Dublin also being che southem right of way of Alcosta Boulevard; thence westerly along said common ]ine South 73°52'04" West 108.00 feet to the POINT OF BEGINNING. Containing 0. ] 1 acres, more or less. The above legal description was prepared by~ Kenneth P. Moore PLS-4918 License E~ires l 2/31 / 10 ExIIIBIT ~ T., +h„ n~.........___~ ~~ ~ a~ rJ;~7~ ~Ji.'I ~\l~r~J POC r 1 r Y CJ r~ r1 ~~J F~ r1 ~~iJ D~~J _ N73'52'04 "E ~~ 54 ~OB C J7't ~1~~ DJ~! 1~~J ~ D7 ~7 I J7 ~~3 1~~ ~~iJ 11 L~7 ,~3 1 ~ 7 1~~J ~ J 1 ~ 7 ~~i1 ~ 1 ~ o ~ ii L1NE TABLE ~ L 1 S 16'07'S6 "E 50.00' V~ ~2 N73'S2'04 "E 68. DO' ~ L3 N 16'07'56 "W 50. DO' L4 S73'S2'04"W i08.00' ~ a CURVE TABLE o CtJRVE RAnIIIS ~ Cl 20.00' -~ C2 20.00' 0 ~ ~ LEGEND L ~ O ~ ~ ~ ~ 0 ~ Q 0 0 C 0 E m ¢ ~~ ~~ ~ O ~ , ~ LL DELTA LENGTN 90'QO'00" 31.42' 90'00'00" 3 f .42' EXISTING fRON PfPE EX1STlNG MONlMENT L4 ~ r- ~ ~ I ~ ~ ~ ~Z _ ~~~ tt~ ~ M,I° ~ ~ ~~~ ~ ~ -, ~ L7 - ~r i ~~ L~ ~ ~ ~ ~ ~~ ~ ~~ / ~ :; ~ ~ ~~~ ~ Z ~~l ~ ~ ~I w ~ ~ ~ ~ ~ ; ~ t~~ ~ °~ ~ ~ I ~~ ~ol o ~ z N ~ ~ - - ~ Q ~ --- m `V ~ i ~`~ CA i_ I ~ J~ , i ~ =' r r1:~ ,~ ~ ~ ~ ~ t~ I - ~,r i ~ " `-' -- - EASEMENt LINE - - RIGHT OF WAY tOT LlNE - - - - MONUTMENT LINE ^~WILSEY ^ ~HAM - No. 4918 ~ Exp. 12/31/2010 CA ENGINEERING ^ PLANNING ^ SURVEYfNG 5000 Executive Parkway, Suite 550, San Ramon, CA 94583 925/275-9770 Fa~c: 925/275-9777 ALCOSTA/DAVONA TRAFFIC SIGNAL IMPROVEMENTS sheet City of San Ramon 1 Exhibit B Plat to Accompany Legal Descript Construction Easement ~'B~ ~.~ i ~