HomeMy WebLinkAboutReso 159-00 RecycH2OPumpRESOLUTION NO. 159 - 00
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING THE AGREEMENT
REGARDING RECYCLED WATER PUMP STATION R20A
AT DUBLIN RANCH NEIGHBORHOOD PARK
WHEREAS, it is contemplated that the City of Dublin will be the owner of Dublin Ranch
Neighborhood Park; and
WHEREAS, the schematic design for the park calls for a restroom building to serve the patrons of
the park; and
WHEREAS, the Dublin San Ramon Services District desires to secure, through conveyances by
City, a site within the Dublin Ranch Neighborhood Park for the purpose of constructing, operating,
maintaining, and using Recycled Water Pump Station R20A, as well as conveyance of a portion of the
property on and/or under said site to install an electrical transformer and pipelines related to the operation
of the pump station; and
WHEREAS, the City has determined that the Dublin Ranch Neighborhood Park property would be
an appropriate site for said pump station and other related improvements; and
WHEREAS, the design of the Recycled Water Pump Station R20A includes two restrooms, two
water fountains and a storage room; and
WHEREAS, after completion of the Recycled Water Pump Station R20A the District agrees to
grant an easement to City to allow it access to and use of the two restrooms, two water fountains and the
storage room in the Pump Station building; and
WHEREAS, the Agreement as attached in Exhibit A sets forth the conditions for the construction,
operation and maintenance of the Recycled Water Pump Station R20A and appurtenant structures by the
Dublin San Ramon Services District on the Dublin Ranch Neighborhood Park.
NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved, and the Mayor
is hereby authorized by the City Council to execute the contract.
PASSED, APPROVED AND ADOPTED this 5th day of September, 2000.
AYES:
Councilmembers Howard, McCormick, Zika, Vice Mayor Lockhart and Mayor
Houston
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
K2/G/9-5 -00/reso-dsrsd~em 4.10)
AGREEMENT REGARDING RECYCLED WATER
), 4~.~
PUMP STATION R20A (CIP 99CK591)
THIS AGREEMENT, made and entered into this
day of .
2000, by and between the DUBLIN SAN RAMON SERVICES DISTRICT, a public agency in the
counties of Alameda and Contra Costa, California, ("District") and the CITY OF DUBLIN, a
municipal corporation of the State of California ("City");
RECITALS
1. During the time this agreement is in effect, it is contemplated that the City will obtain ownership
of that certain real property located in the City of Dublin, County of Alameda, State of California, as
more particularly described in Exhibit "A" attached hereto and incorporated by this reference
(hereafter referred to as "Dublin Ranch Park"). Dublin Ranch Park will be dedicated to the City by
MSSH Dublin LLC, the Developer ("MSSH") upon completion of 250 units in Dublin Ranch Phase
I, an 847 unit development.
2. City has established Ordinance 18-92 establishing water use efficiency for landscaping which
requires accommodations for the use of recycled water for new landscape irrigation.
3. District established Ordinance 280 requiring use of recycled water for new irrigation.
4. District has developed a recycled water system to accommodate the recycled water requirement
in areas annexed to the City in support of the water use efficiency ordinance.
5. Recycled Water Pump Station R20A is an approved capital project identified in the District's
Capital Improvement Program ("CIP") Budget under CIP 99CK591 and is needed to serve recycled
water to Eastern Dublin.
6. District desires to secure, through conveyances by MSSH and by City, a site within Dublin
Ranch Park for the purpose of constructing, operating, maintaining, and using Recycled Water Pump
Agreement Regarding Recycled
Water Pump Station R20A
Page 1 ofl 0
ATTACHMENT 2
3 'o/f .;z. g
Station R20A, as well as conveyance of a portion ofthe property on and/or under said site to install
an electrical transformer and pipelines related to the operation of the pump station. Additionally,
District desires to have vehicle access to said pump station over driveways as needed.
7. City has determined that the Dublin Ranch Park property would be an appropriate site for said
pump station and other related improvements.
8. City and District desire to enter into an agreement which sets forth the terms of the project and
related conveyances.
9. District and City declare it is their intent to work cooperatively to allow District to maintain and
operate Recycled Water Pump Station R20A and the related improvements on the Dublin Ranch
Park site.
10. District and City agree that the City may use and have access to the restrooms and storage room
on the premises.
NOW, THEREFORE, in consideration for the faithful performance of the terms and
conditions set forth in this Agreement, the signatory parties agree as follows:
1. Recycled Water Pump Station R20A Project
This agreement provides for the construction, operation and maintenance of a recycled water
pump station and appurtenant structures by District on the Dublin Ranch Park site under the
circumstances specified herein. The recycled water pump station and appurtenant structures shall
collectively be referred to as the "Pump Station project."
2. District's Rights and Responsibilities
a. The Pump Station project shall be generally located as shoWn on the diagram attached
"hereto as Exhibit "B."
b. District shall own, maintain and operate the Pump Station building and project.
Agreement Regarding Recycled
Water Pump Station R20A
Page 2 of 10
1/ t:t6 eJ- R
c. Except as provided in this Agreement, District shall be responsible for paying all costs
associated with the planning, design, construction, operation and maintenance of the Pump
Station project including but not limited to the construction and installation of electrical
lights on the exterior of the Pump Station building, two unisex, handicapped accessible
restrooms, two water fountains and a storage room on the Pump Station site including the
plumbing and electrical equipment for the restrooms, storage room and water fountains.
d. Any general contractor hired by District for construction of the Pump Station project shall
be required, under the District's construction contract, to provide and keep current a
certificate of Public Liability and Workers Compensation Insurance which names the
District, its employees and agents and City, its employees and agents as additional insureds.
e. District agrees that it will require any general contractor to coordinate the construction
schedule for the project with City prior to commencement of work.
f. District will not commence construction ofthe building until City has approved the plans
and specifications relating to the restrooms to be constructed in the Pump Station
building. Thereafter, upon approval by City and completion of the building, District
agrees to grant an easement to City to allow it access to and use of the two restrooms, the
storage room and the two water fountains in the Pump Station building.
g. Upon completion of the Pump Station project, District agrees to provide recycled water to
City to be used in the restrooms and in the park.
h. District shall provide potable water plumbing for the restroom sinks and water fountains to
be used by the City and the public.
1. District shall provide a separate potable water connection and water meter for the restrooms
and storage room and one sewer connection for the pump station and restroom/storage
Agreement Regarding Recycled
Water Pump Station R20A
Page 3 of 10
building.
5 crf e:LJ"
J. District shall provide electric lights that will be installed on the exterior ofthe Pump Station
building.
k. District shall provide electric lights for the restrooms and for the storage room to be used by
the City.
1. District shall be responsible for maintenance of the exterior of the Pump Station building.
m. District shall indemnify and hold City, its City Council, member agencies, committees,
officers, employees and agents harmless against any and all claims or suits for damages
arising from any design, construction and operation of the Pump Station and any
maintenance performed by District on the Pump Station excepting such claims or suits for
damages or injuries arising from City's own active negligence or willful misconduct.
3. City's Duties
a. City agrees to provide District with access to City property known as the Dublin Ranch
Park site as shown on Exhibit A for the purposes of operating and maintaining the Pump
Station project in accordance with the terms and conditions of this Agreement, provided
City obtains title to the property shown on Exhibit A.
b. In the event that MSSH et aI., prior to MSSH's conveyance of the Dublin Ranch Park site
to the City, has not or does not dedicate and/or convey to District all of the property rights
necessary for the construction and operation of the Pump Station, driveway access,
pipelines and all appurtenances and improvements City agrees to grant and to convey to
District by written instrument, the following:
(1) An easement to the site identified in Exhibit B and in the form attached as Exhibit
C, which is incorporated by reference herein, for the purposes of construction,
Agreement Regarding Recycled
Water Pump Station R20A
Page 4 of 10
maintenance, operation, use, improvement, restoration, replacement and
b c6 r:2.f
reconstruction of the Pump Station facility and project.
(2) An exclusive, permanent easement for pipelines and pipeline access related to the
Pump Station project identified in Exhibit B, in the form attached as Exhibit D,
which is incorporated by reference herein.
(3) A non-exclusive, permanent easement for driveway access to the Pump Station
site which is described in Exhibit B, in the form attached as Exhibit E and which
is incorporated by reference herein.
d. City shall not permit any other person or entity to have access to the storage room. City
further agrees that the storage room will only be used for lawful purposes.
e. The potable water usage for the restrooms and water fountains will be individually metered
and paid by the City.
f. The electricity for the restrooms, storage room and water fountains will be individually
metered and paid by the City.
g. Sewer usage fees and recycled water usage fees, and any other utility fees related to its use
of the restrooms, water fountains and storage room, will be paid by the City.
h. City shall be fully responsible for paying all costs associated with the maintenance, upkeep
and repair of the two restrooms, two water fountains and storage room including but not
limited to performing routine cleaning services and making necessary repairs in a timely
manner, as necessary.
1. City shall be responsible for the operation and maintenance of the restrooms, storage room
and water fountains.
J. City shall be fully responsible for paying all costs associated with the maintenance and
Agreement Regarding Recycled
Water Pump Station R20A
Page 5 of 10
? e:6' ~ 15
upkeep of all landscaping around the Pump Station site. Maintenance and upkeep shall
include use of recycled water for irrigation of said landscaping.
k. City shall indemnify and hold the District harmless, its Board of Directors, member agencies,
committees, officers, employees and agents harmless against any and all claims or suits for
. damages arising from or alleged to have arisen from any maintenance, use and/or operation
of the storage room, two restrooms, two water fountains and landscaping excepting such
claims or suits for damages or injuries arising from the District's own active negligence or
willful misconduct.
4. Coordination and Cooperation
a. City and District agree to act in good faith to coordinate and cooperate to allow each party
full access, use and enjoyment of the property, interests, rights and claims in which they have
an interest under this Agreement as set forth herein with the exception of an emergency
situation.
b. City agrees that that it will not interfere and/or block District's access to the Pump Station
building including but not limited to the perimeter of said building, the property set forth in
easements for the building, driveway access to said building and the easement for pipelines.
c. District agrees that it will not interfere and/or block City's access to the park, area
surrounding the Pump Station building, and the restrooms, storage room and water fountains
located on the Pump Station grounds.
5. Fees and Charges.
All fees related to the recording of the easements described above, including escrow fees, shall
be shared equally by City and by District. Title Insurance, if any, shall be paid by District. In the event
that, for any reason, City and District do not proceed with the construction as set forth herein, then any
Agreement Regarding Recycled
Water Pump Station R20A
Page 6 of 10
? qf .;z..9 .
amounts paid into escrow shall be returned to the parties, together with any interest earned thereon and
the City agrees to immediately, upon notice by the District, execute the relevant escrow instructions to
this effect.
6. Use of Site for District Purposes.
a. The Pump Station site including but not limited to the building, grounds, court yard, and
fenced in area shown on Exhibit B and the underground portion of the property described in
Exhibit C may only be used by the District, and/or its successors in interest, for the
construction, installation, operation and maintenance of the Pump Station and its
appurtenances, including but not limited to pipelines, surge tanks, electrical transformers and
other items necessary for the operation of the station. Said site may also be used for any uses
that are ancillary and/or incidental to the District's functions including but not limited. to the
construction, installation, operation and maintenance of the Pump Station project as may be
carried out on the site. The parties agree that District may operate the pump station without
further consent or approval by or from City.
7. Non-Assignability.
The District and the City shall not subcontract, assign, sell, mortgage, hypothecate or
otherwise transfer its interest or obligations in this Agreement in any manner, without the prior
written consent of the other party.
8. Paragraph Headings
Paragraph headings as used herein are for convenience only and shall not be deemed to be a
part of any such paragraph and shall not be construed to change the meaning thereof.
Agreement Regarding Recycled
Water Pump Station R20A
Page 7 of 10
9. Notices
7 e6 .,:< &1'
All notices to be given hereunder shall be written, and shall be sent by certified or registered
mail, postage prepaid, addressed as follows:
TO DISTRICT:
General Manager
Dublin San Ramon Services District
7051 Dublin Boulevard
Dublin, CA 94568
TO CITY:
City Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
All writings, notices or communications shall be deemed to be served and shall be deemed to
be made within 5 days of the date of mailing of the writing, notice or communication. All writings,
notices, and communications shall be addressed and directed as set forth this paragraph. Any change
of address by any party must be made by giving written notice of the change to the parties within five
days of said change and in the manner as stated herein.
10. Waiver
The waiver of any breach of this Agreement shall not constitute a continuing waiver or a
waiver of any subsequent breach either of the same or another provision of this Agreement.
11. No Representations
Each party to this Agreement acknowledges that no representations, inducements, promises
or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein, and that no agreement, statement or promise not contained in
this Agreement shall be valid or binding.
12. Enforceability
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid,
Agreement Regarding Recycled
Water Pump Station R20A
Page 8 of 10
It> arf ~g-.
void, or unenforceable, the remaining provisions will nevertheless continue in full force without
being impaired or invalidated in any way.
13. Modifications
Any modification of this Agreement shall be effective only if it is in writing, signed by the
party to be charged, and a copy thereof properly delivered to the party seeking to enforce such
modifi cation.
14. Attorney's Fees
If any action, proceeding, or litigation is commenced arising out of or relating to this
Agreement, or to enforce or collect any judgment or award then the prevailing party shall be entitled
to receive, in addition to any other relief that may be granted, the actual amount of attorney's fees,
costs, and expenses incurred in the action or proceeding.
15. Jurisdiction
The Agreement and the legal relations between the parties shall be governed by and
construed in accordance with the laws of the State of California.
16. Dispute Resolution.
In the event of a dispute between the parties in the interpretation of any provision of this
Agreement or of the performance of either party expressly or impliedly required hereunder, prior to
instituting any legal proceeding or action, the party claiming dispute shall notify the other party in
writing of the nature of said dispute and request a meeting to confer regarding resolution thereof. Said
parties shall meet and confer within ten (10) days ofthe date of said notice of dispute and shall endeavor
in good faith to resolve said dispute by agreement or may provide, by written agreement, for said dispute
to be resolved through mediation or binding arbitration. If such agreement, or resolution through
mediation, cannot be achieved, the parties may enforce their respective rights, as they shall determine.
Agreement Regarding Recycled
Water Pump Station R20A
Page 9 of 10
17. Amendments; Supplemental Agreements
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This Agreement may be amended or supplemented by agreements of the parties approved and
executed in the same manner as the original agreement.
18. Term of the Agreement
This Agreement shall remain in effect indefmitely, unless amended or supplemented per
Paragraph 17 above.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year
. first written.
DUBLIN SAN RAMON SERVICES
DISTRICT, a public agency
By:
Robert Beebe, General Manager
ATTEST:
Nancy Gamble Hatfield, District Secretary
CITY OF DUBLIN, a municipal corporation
By:
Mayor
ATTEST:
City Clerk
H:\ENGDEPT\CIP\99ck591 - Zone 2 RW Sys\09PROPTY\PS R20A Agmnt 8 2_28 00 comprd.doc
Agreement Regarding Recycled
Water Pump Station R20A
Page 10 of 10
EXHIBIT ..A" TO AGREEMENT
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Recorded at the Request of
And When Recorded Return To:
/ ~ cO ~t
Dublin San Ramon Service District
~C/o Lisa D. Wills
7051 Dublin Boulevard
Dublin, CA 94568-3018
Space above this line for Recorder's Use
Governmental entity acquiring title.
Tax exempt effective November 10,1969
GRANT OF EASEMENT
(THE "PUMP STATION R20A SITE EASEMENT")
THIS GRANT OF EASEMENT ("Agreement") .is made as of the _ day of
2000, by MSSH Dublin Development LLC ("Grantor/MSSH") to the DUBLIN SAN RAMON SERVICES
DISTRICT ("GranteeIDSRSD").
RECITALS
A. Grantor MSSH is the owner of certain real property located in the City of Dublin, County of
Alameda, State of California, which will be developed as Dublin Ranch Park ("Parcel 2" located on Antone
Way in Dublin Ranch).
B. Grantee DSRSD desires to acquire certain rights in that part of Parcel 2 as follows: the right to
construct, operate, use, install and maintain the Recycled Water Pump Station R20A and appurtenant structures;
and Grantee has requested an exclusive easement in, upon, under, over, across, and through that certain portion
of Parcel 2, as more particularly described in Exhibit "A," and shown on Exhibit "B", attached hereto and
incorporated by this reference (the "Pump Station R20A Site Easement" and/or "Servient Tenement").
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee an exclusive easement subject to the terms of
this Agreement.
2. Character of Easement. The easement granted in this AgreeIJ?ent is in gross.
3. Description of Easement. The easement granted in this Agreement is an easement for the entire site
including but not limited to an easement in, upon, under, over, across, and through the easement area described
in Exhibit "A," and shown on Exhibit "B", including the right of ingress and egress, and is for the purpose of
installing, operating, using, improving, maintaining, repairing, and replacing the Recycled Water Pump Station
R20A. For the purposes of this Agreement, "site purposes" means use for and by the Grantee connected with
the use of the Servient Tenement and/or the operation of the Recycled Water Pump Station R20A.
EXHIBIT "c" TO AGREEMENT
Page 1 of3
4. Term. The easement granted in this Agreement shall by for an indefinite term.
/5 ~ ~f
5. ExClusive Easement. The Easement granted in this Agreement is exclusive. Grantor shall not grant
....,.. assign any other right-of-way or easements in the Servient Tenement provided that Grantor shall have the use
the restrooms, two water fountains and the storage room as provided by the Agreement regarding the
Recycled Water Pump Station R20A (CIP 99CK591) between the Grantee and the City of Dublin dated
, 2000.'
6. Maintenance of Easement. Grantee shall maintain the Servient Tenement in good repair, at
Grantee's sole cost and expense.
7. Bindin2 Effect and Governin2 Law. The covenants, agreements, and restrictions set forth in this
Agreement constitute covenants running with the land and shall be binding upon the parties hereto and their
respective heirs, successors, and assigns. This Agreement shall be governed and construed in accordance with
the laws of the State of California.
8. Para2raph Headin2s. Paragraph headings as used herein are for convenience only and shall not be
deemed to be a part of any such paragraph and shall not be construed to change the meaning thereof.
9. Notices. All notices to be given hereunder shall be written, and shall be sent by certified or
registered mail, postage prepaid, addressed as follows:
TO DISTRICT: General Manager
Dublin San Ramon Services District
7051 Dublin Boulevard
Dublin, CA 94568
TO DEVELOPER: MSSH Dublin Development LLC
2155 Las Positas Court, Suite T
Livermore, CA 94550
All writings, notices or communications shall be deemed to be served and shall be deemed to be made
within 5 days of the date of mailing of the writing, notice or communication. All writings, notices, and
communications shall be addressed and directed as set forth this paragraph. Any change of address by any party
must be made by giving written notice of the change to the parties within five days of said change and in the
manner as stated herein.
Page 2 of3
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IN WITNESS WHEREOF, the Grantor hereto has executed this Grant of Easement the date and year first
written.
"GRANTOR":.
MSSH Dublin Development LLC
By:
(Title)
Accepted by "GRANTEE":
Dublin San Ramon Services District, a public agency
By:
Robert Beebe, General Manager
H:\ENGDEPT\CIP\99ck591 - Zone 2 RW Sys\09PROPTY\EASEMENT\PSR20A site ease rev8 28 DO.doc
Page 3 of3
17 ~9
EXHIBIT "An
PUMP STATION R20A SITE EASEMENT
That certain property situated in the State of California, County of Alameda, City of
Dublin, described as follows:
Being a portion of Parcel"B" of that certain Tract Map entitled, "Tract 6960", as filed
on April, 1999, in Book 242 of Maps, at Pages 85-95, Official Records of Alameda
County, California, described as follows:
Pump Station R20A Site Easement
Commencing at a standard street monument on Antone Way thence North
150 37' 11" East, 36.19 feet to a point along the northerly right-of-way line of Antone
Way, said point also being the most southeasterly point of Parcel "B"; thence along
the most easterly line of Parcel "B", North 12022' 21" East, 170.17 feet; thence
leaving said easterly line of said Parcel "B " , North 770 37' 39" West, 80.00 feet to the
Point of Beginning; thence South 63030' 26" West, 65.33 feet; thence North
26029' 34" West, 68.33 feet; thence North 630 30' 25" East, 38.12 feet; thence
South 71 0 29' 34" East, 38.48 feet; thence South 260 29' 32" East, 41.12 feet to the
Point of Beginning.
Containing an area of .09:1: Acres, more or less.
END OF DESCRIPTION
Pump Station R20A
MMS Job #1951
August 4, 2000
Page 1 of 2
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MCGILL MARTIN SELF, INC.
CitJil Eng........ng La.nd PI..nning Surwying
CITY OF DUBLIN
COUNTY OF ALAMEDA
STATE OF CALIFORNIA
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1500 N.VJIIU. Awn.... Suit. 700
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SHEET 2 OF 2
8-3-2000 W:\ 1 9S1\LEGAL1.DWG
Recprded at the Request of
and When Recorded Return To:
19 ~ .,zf/
Dublin San Ramon Service District
'0 Lisa D. Wills
1051 Dublin Boulevard
Dublin, CA 94568-3018
Space above this line for Recorder's Use
Governmental entity acquiring title.
Tax exempt effective November 10, 1969
GRANT OF EASEMENT
(THE "PUMP STATION R20A PIPELINE EASEMENT")
THIS GRANT OF EASEMENT ("Agreement") is made as of the _ day of
2000, by MSSH Dublin Development LLC ("Grantor/MSSH") to the DUBLIN SAN RAMON SERVICES
DISTRICT ("GranteeIDSRSD").
RECITALS
A. Grantor is the owner of certain real property, located in the City of Dublin, County of Alameda, State
of California, which will be developed as Dublin Ranch Park ("Parcel 2" located on Antone Way in Dublin
'nch).
B Grantee desires to acquire certain rights in that part of Parcel 2 as follows: access to the underground
property located in Dublin Ranch Park to install, maintain and operate pipelines which are necessary for the
operation of the Recycled Water Pump Station R20A; and Grantee has requested a non-exclusive easement in,
upon, under, over, across, and through that certain and limited portion of Parcel 2, as more particularly
described in Exhibit "A," and shown on Exhibit "B", attached hereto and incorporated by this reference (the
"Pump Station R20A Pipeline Easement" and/or "Servient Tenement").
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement in, upon, under,
over, across, and through the Servient Tenement described in Exhibit "A," and shown on Exhibit "B", including
the right of ingress and egress for the purpose of installing, operating, repairing, replacing, and making
improvements to the pipelines of the Recycled Water Pump Station R20A.
2. Character of Easement. The easement granted in this Agreement is appurtenant to the Dominant
Tenement.
3. Description of Easement. The easement granted in this Agreement is an easement for pipelines.
~"lr the purposes of this Agreement, "pipeline purposes" means use for and by the Grantee connected with the
,~ of the Servient Tenement and/or the operation of the Recycled Water Pump Station R20A.
EXHIBIT "D" TO AGREEMENT
Page 1 of3
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4. Term. The easement granted in this Agreement shall by for an indefinite term.
5. Exclusive Easement. The Easement granted in this Agreement is exclusive. Grantor retains no
rights to make use of the Servient Tenement and cannot grant concurrent easements in the Servient Tenement.
6. Maintenance of Easement. Grantor shall maintain the surface of the Servient Tenement in good
repair, at Grantor's sole cost and expense. Grantee shall be responsible for costs incurred in the maintenance,
repair or replacement of the pipelines and restoration of the surface following any such work.
7. Bindin2 Effect and Governin2 Law. The covenants, agreements, and restrictions set forth in this
Agreement constitute covenants running with the land and shall be binding upon the parties hereto and their
respective heirs, successors, and assigns. This Agreement shall be governed and construed in accordance with
the laws of the State of California.
8. Para2raph Headin2s. Paragraph headings as used herein are for convenience only and shall not be
deemed to be a part of any such paragraph and shall not be construed to change the meaning thereof.
9. Notices. All notices to be given hereunder shall be written, and shall be sent by certified or
registered mail, postage prepaid, addressed as follows:
TO DISTRICT: General Manager
Dublin San Ramon Services District
7051 Dublin Boulevard
Dublin, CA 94568
TO DEVELOPER: MSSH Dublin Development LLC
2155 Las Positas Court, Suite T
Livermore, CA 94550
All writings, notices or communications shall be deemed to be served and shall be deemed to be made
within 5 days of the date of mailing of the writing, notice or communication. All writings, notices, and
communications shall be addressed and directed as set forth this paragraph. Any change of address by any party
must be made by giving written notice of the change to the parties within five days of said change and in the
manner as stated herein.
Page 2 of3
v
,IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year first written.
"GRANTOR":
MSSH Dublin Development LLC
By:
(Title)
Accepted by "GRANTEE":
Dublin San Ramon Services District, a public agency
By:
Robert Beebe, General Manager
H:\ENGDEPT\CIP\99ck591 - Zone 2 RW Sys\09PROPTY\EASEMENT\Pipeline easePSR20A rev8 28 GO.doc
Page 3 of3
,2.~ ~;Lf
EXHIBIT "A"
PUMP STATION R20A PIPELINE EASEMENT
That certain property situated in the State of California, County of Alameda, City of
Dublin, described as follows:
Being a portion of Parcel "B" of that certain Tract Map entitled, ''Tract 6960", as filed
on April 1999, in Book 242 of Maps, at Pages 85-95, Official Records of Alameda
County, California, described as follows:
Pump Station R20A Pipeline Easement
Commencing at a standard street monument on Antone Way thence North
210 43' 36" West, 42.33 feet to the Point of Beginning, said point also being a
point along the northerly right-of-way line of Antone Way, being a point on a non-
tangent curve, concave northerly, having a radius of 1664.00 feet, a radial line to
said point bears South 10025' 48" West; thence leaving said point North 120 22' 21"
East, 47.58 feet; thence North 260 29' 33" West, 130.31 feet; thence North
630 30' 26" East, 35.38 feet; thence North 260 29' 32" West, 41.12 feet; thence
South 710 29' 34" East, 23.14 feet; thence South 260 29' 32" East, 132.00 feet to a
point along the most easterly line of said Parcel "B"; thence along said easterly line
South 12022' 21" West, 96.93 feet to the most northerly line of said Antone Way,
being a point on a non-tangent curve, concave northerly, having a radius of 1664.00
feet, a radial line to said point bears South 090 32' 29" West; thence westerly along
said curve through a central angle of 000 53' 19", an arc length of 25.80 feet to the
Point of Beginning.
Containing an area of .20:t Acres, more or less.
END OF DESCRIPTION
Pump Station R20A
MMS Job #1951
August8,2000
Page 1 of 2
X:\l 95 I \ADMlN\060808EXHA. DOC
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CITY OF DUBLIN
COUNTY OF ALAMEDA
STATE OF CALIFORNIA
McGILL MARTIN SELF. INC.
Citril Enl1'TUlaring Lam P1......ing s...".yin.g
CONTAINING AN AREA OF
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SCALE: 1 "=40'
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/500 N....U A......... Suilr 700
lI'o.Inul en.... CA 94596-5/80
T.I: 925.988.9/88
Faz: 925.988.0/70
SHEET 2 OF 2
8-8-2000 W:\ 1951\LEGAL 1.DWG
Recorded at the Request of
And When Recorded Return To:
;2 Lj ~ ;LE
Dublin San Ramon Service District
Clo Lisa D. Wills
7051 Dublin Boulevard
Dublin, CA 94568-3018
Space above this line for Recorder's Use
Governmental entity acquiring title.
Tax exempt effective November 10, 1969
GRANT OF EASEMENT
(THE "PUMP STATION R20A DRIVEWAY EASEMENT")
TIDS GRANT OF EASEMENT ("Agreement") is made as of the _ day of
2000, by MSSH Dublin Development LLC ("Grantor/MSSH") to the DUBLIN SAN RAMON SERVICES
DISTRICT ("GranteeIDSRSD").
RECITALS
A. Grantor MSSH is the owner of certain real property located in the City of Dublin, County of
Alameda, State of California, which will be developed as Dublin Ranch Park ("Parcel 2" located on Antone
Way in Dublin Ranch).
B. Grantee DSRSD desires to acquire certain rights in that part of Parcel 2 as follows: continuous
access to the driveway to be located within Dublin Ranch Park, for access to construct, operate, use, install and
maintain the Recycled Water Pump Station R20A and appurtenant structures, and has requested a non-exclusive
easement in, upon, under, over, across, and through that certain and limited portion of Parcel 2, as more
particularly described in Exhibit "A," and shown on Exhibit "B" attached hereto and incorporated by this
reference (the "Pump Station R20A Driveway Easement" and/or "Servient Tenement").
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement in, upon, under,
over, across, and through the easement area described in Exhibit "A", and shown on Exhibit "B", including the
right of ingress and egress to and from the Recycled Water Pump Station R20A site for the purpose of
installation, operation, repair, replacement and making improvements.
2. Character of Easement. The easement granted in this Agreement is appurtenant to the Dominant
Tenement.
3. Description of Easement. The easement granted in this Agreement is an easement for driveway
purposes only. For the purposes of this Agreement, "driveway purposes" means use for and by moving
EXHIBIT "E" TO AGREEMENT
Page 1 00
vehicular traffic connected with the construction, use, maintenance, operation and/or repairs of the Recycled
Water Pump Station R20A, including the right of ingress and egress. "'5 ~;L~
4. Term. The easement granted in this Agreement shall be for an indefinite term.
5. Non-exclusive Easement. The Easement granted in this Agreement is non-exclusive. Grantor
retains the right to make use of the Servient Tenement, including the right to grant concurrent easements in the
Servient Tenement to third parties that do not interfere unreasonably with the Grantee's free use and enjoyment
of the access easement.
6. Maintenance of Easement. Grantee shall maintain the Servient Tenement in good repair, at
Grantee's sole cost and expense.
7. Binding: Effect and Governing: Law. The covenants, agreements, and restrictions set forth in this
Agreement constitute covenants running with the land and shall be binding upon the parties hereto and their
respective heirs, successors, and assigns. This Agreement shall be governed and construed in accordance with
the laws of the State of California.
8. Parag:raph Headin2s. Paragraph headings as used herein are for convenience only and shall not be
deemed to be a part of any such paragraph and shall not be construed to change the meaning thereof.
9. Notices. All notices to be given hereunder shall be written, and shall be sent by certified or
registered mail, postage prepaid, addressed as follows:
TO DISTRICT: General Manager
Dublin San Ramon Services District
7051 Dublin Boulevard
Dublin, CA 94568
TO DEVELOPER: MSSH Dublin Development LLC
2155 Las Positas Court, Suite T
Livermore, CA 94550
All writings, notices or communications shall be deemed to be served and shall be deemed to be made
within 5 days of the date of mailing of the writing, notice or communication. All writings, notices, and
communications shall be addressed and directed as set forth this paragraph. Any change of address by any party
must be made by giving written notice of the change to the parties within five days of said change and in the
manner as stated herein.
Page 2 on
~b 56 e:LF
IN WITNESS WHEREOF, the Grantor hereto has executed this Grant of Easement the date and year first
written.
"GRANTOR":
MSSH Dublin Development LLC
By:
(Title)
Accepted by "GRANTEE":
Dublin San Ramon Services District, a public agency
By:
Robert Beebe, General Manager
H:\ENGDEPT\CIP\99ck591 - Zone 2 RW Sys\09PROPTY\EASEMENT\access ease PSR20A rev8 28 OO.doc
Page 30f3
rJ f) qf ;..r
EXHIBIT "A"
PUMP STATION R20A DRIVEWAY EASEMENT
That certain property situated in the State of California,. County of Alameda, City of
Dublin, described as follows:
Being a portion of Parcel "B" of that certain Tract Map entitled, "Tract 6960", as filed
on April 1999, in Book 242 of Maps, at Pages 85-95, Official Records of Alameda
County, California, described as follows:
Pump Station R20A Driveway Easement
Commencing at a standard street monument on Antone Way thence North
210 43' 36" West, 42.33 feet to the Point of Beginning, said point also being a
point along the northerly right-of-way line of Antone Way, being a point on a non-
tangent curve, concave northerly, having a radius of 1664.00 feet, a radial line to
said point bears South 10025' 48" West; thence leaving said point North 120 22' 21"
East, 47.58 feet; thence North 260 29' 33" West, 130.31 feet; thence North
630 30' 26" East, 35.38 feet; thence North 260 29' 32" West, 41.12 feet; thence
South 71029' 34" East, 23.14 feet; thence South 260 29' 32" East, 132.00 feet to a
point along the most easterly line of said Parcel "B"; thence along said easterly line
South 12022' 21" West, 96.93 feet to the most northerly line of said Antone Way,
being a point on a non-tangent curve, concave northerly, having a radius of 1664.00
feet, a radial line to said point bears South 090 32' 29" West; thence westerly along
said curve through a central angle of 000 53' 19", an arc length of 25.80 feet to the
Point of Beginning.
Containing an area of .20t Acres, more or less.
END OF DESCRIPTION
. " :'. ..~. , ':,'. ,- - . ';.' -:: '~";. . ~ -,
.. McG:Q.J!';M:ARttNSELF, Inf.. .,.
. . . . . .... Civi/E.ngi~~eTiizg ..-~ '.. Lint! Planning .. '.... .-.Surveying ..:. "
. J,Community Deve~(JPlnetit :',:-:P.Ubli,f.,P(jI~CJ' .. Finance.. -\ GrfJwth. !Ja~~gement
lS()() New~1(A~~nue,Sl1ite.7q()Walnut Creek, Cl(925) 988-'?188 '..
Pump Station R20A
MMS Job #1951
August 8, 2000
Page 1 of2
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CONTAINING AN AREA OF
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SCALE: 1"=40'
CITY OF DUBLIN
COUNTY OF ALAMEDA
STATE OF CALIFORNIA
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PERMANENT DRIVEWAY EASEMENT
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C,,,;l Eng,,,,,....n9 La"" Plcnn,ng S1I7'WJIin9
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1600 N.-U A......... Suit. 700
Iralnul Cnt.l:. CA 9(696-6180
r.l: 9ZS.988.9188
Fez: 925.988.0170
SHEET 2 OF 2
8-9-2000 W:\ 1951\LEGAL4.DWG