HomeMy WebLinkAboutItem 4.11 DSRSD Easement Amendor
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
July 16, 2013
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
DSRSD Easement Amendment
Prepared by Roger Bradley, Assistant to the City Manager
EXECUTIVE SUMMARY:
CITY CLERK
File #600 -40
The City Council will consider an amendment to the current easement granted to the Dublin San
Ramon Services District ( DSRSD) for a waterline continuing from the Civic Center through the
parking lot to the Dublin Library. The amendment allows the City to build improvements within
the easement area.
FINANCIAL IMPACT:
No fiscal impact to approve the Easement Amendment. Should DSRSD need to access the
easement area, the City would have to pay to remove and reinstall the improvements.
RECOMMENDATION:
Staff recommends that the City Council adopt the Resolution Amending the Grant of Easement
to Dublin San Ramon Services District, Easement Document Number 2005176359.
Submitted By
Assistant to the City Manager
DESCRIPTION:
Reviewed By
Assistant City Manager
In 2001, the City of Dublin granted a 15 -foot Easement to DSRSD to run a waterline through the
Civic Center parking lot to the then to- be- completed Dublin Library. This waterline is the
Library's sole supplier of water to the facility. As work began on the installation of the Solar
Structures planned as part of the City's Energy Upgrade Capital Project, Staff became aware
that there would be a need to amend the easement language to allow for the solar array
improvements to be installed over and within the easement area. DSRSD has agreed to allow
the City to build the improvements over and within the easement area, provided that the City
will, at its own cost, remove any array components installed within the easement area, should
DSRSD need to conduct maintenance or repairs of the waterline in the future.
Page 1 of 2 ITEM NO. 4.11
Staff believes that the risk to the City is low that it is unlikely that any emergency maintenance or
repairs will be needed in the exact locations where the arrays have been installed; however,
improvements have been installed no closer than five feet horizontally from the waterline,
allowing room for DSRSD to work on the waterline if necessary. Additionally, Staff has included
within the Fiscal Year 2013 -2014 Budget a contingency to remove any components overhanging
the easement area of the arrays should DSRSD need to conduct any repairs to the waterline.
Such contingency will be budgeted annually should, in any given year, DSRSD need access to
the easement area impacted by the City improvements. The arrays can be easily unbolted and
removed and reinstalled by a crane, allowing DSRSD access to its waterline. The amended
easement is included for City Council consideration as Exhibit 1 to Attachment 1.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
None.
ATTACHMENTS: 1. Resolution Amending the Grant of Easement to Dublin San Ramon
Services District, Easement Document Number 2005176359
Page 2 of 2
RESOLUTION NO. XX - 13
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * **
AMENDING THE GRANT OF EASEMENT TO DUBLIN SAN RAMON SERVICES DISTRICT
EASEMENT, DOCUMENT NUMBER 2005176359
WHEREAS, the City of Dublin ( "City ") has granted on July 18, 2001 Easement Document
Number 2005176359 to Dublin San Ramon Services District ( "DSRSD ") to construct a waterline
through the Civic Center parking lot at 100 Civic Plaza to the Dublin Library at 200 Civic Plaza
and as described within the Easement; and
WHEREAS, the City desires to build solar array structures (the "Improvements ") within
the Civic Center parking lot, portions of which will encroach upon the Easement area granted to
DSRSD; and
WHEREAS, the City and DSRSD have agreed to an amendment to the Easement
whereby the City may, if it finds it necessary to do so, place Improvements over the area of the
Easement provided that the City agrees to bear the cost of removing and reinstalling any such
Improvements in the event that DSRSD determines such removal is necessary in order to
access its facilities located within the area of the Easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the First Amendment to the Grant of Easement attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby
authorizes the City Manager to execute the First Amendment to the Easement.
PASSED, APPROVED AND ADOPTED this 16th day of July, 2013, by the following
vote:
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST-
City Clerk
Mayor
ATTACHMENT 1
RECORDING REQUESTED BY AND RETURN TO:
Dublin San Ramon Services District
7051 Dublin Blvd.
Dublin, CA 94568
Free recording per Government Code Section 6103
FIRST AMENDMENT TO GRANT OF EASEMENT
(Dublin)
The City of Dublin ( "GRANTOR ") and the Dublin San Ramon Services District
( "GRANTEE "), agree as follows:
Recitals
A. GRANTOR is the owner in fee simple of certain real property located in
Alameda County described in "Exhibit A" attached hereto and incorporated by this
reference.
B. In 2001, GRANTOR conveyed an easement to GRANTEE covering a portion
of the property identified in Exhibit A, which instrument was recorded by the Alameda
County Recorder on May 4, 2005 as document number 2005176359 (the "Easement ").
C. Since 2001, GRANTEE has constructed a waterline within the Easement area.
D. GRANTOR and GRANTEE have agreed to an amendment to the Easement
whereby GRANTOR may, if it finds it necessary to do so, place improvements over the
area of the Easement provided that GRANTOR agrees to bear the cost of removing and
reinstalling any such improvements in the event that GRANTEE determines such
removal is necessary in order to access its facilities located within the area of the
Easement.
THEREFORE, in consideration of the foregoing recitations and other valuable
consideration, receipt for which is hereby acknowledged, GRANTOR and GRANTEE
agree as follows:
Exhibit 1
1. A new paragraph is hereby inserted into the Easement to read as follows in its entirety:
Notwithstanding anything to the contrary contained herein, GRANTOR may build
or erect a structure or improvement over the easement herein granted, provided
that no below -grade or at -grade portion of such structure or improvement shall be
placed within five feet (5'), measured horizontally, of the footprint of the waterline
installed within the easement area by DUBLIN SAN RAMON SERVICES
DISTRICT. DUBLIN SAN RAMON SERVICES DISTRICT shall make
reasonable efforts to conduct any maintenance, repair or replacement activities
relating to said waterline in a manner that will avoid the need to remove any
structure or improvement built or erected by GRANTOR over the easement herein
granted. In the event that removal of such structure or improvement is necessary,
GRANTOR shall bear the cost of removing and reinstalling any such structure or
improvement.
IN WITNESS WHEREOF, GRANTOR and GRANTEE have executed this Amendment this
day of , 2013.
GRANTOR:
CITY OF DUBLIN
City Manager, City of Dublin
ATTEST:
GRANTEE:
DUBLIN SAN RAMON SERVICES DISTRICT
By:
General Manager
ATTEST:
2089242.1
Exhibit 1
Exhibit "A"
Legal Description for
15' Wide Waterline Easement
All of that certain real property situate in the City of Dublin, County of
Alameda, State of California, being described as follows:
A Portion of Tract "B" of Parcel No. 6 as described in the final judgment
rendered July 24, 1944 in the United States District Court for the
Northern District of California, Southern Division, in Case No. 22460 -G,
entitled : "United State's of America v. 105.19 Acres of Land ", a certified
copy of which judgment was recorded April 4, 1945 in book 4681 Official
Records at Page 234; Records of Alameda County, further described as
"A" and "B" as follows:
"A"
Being a strip of land 15 feet wide, the center line of which is described as
follows:
Commencing at the northern most corner of the property described in
the deed to the City of Dublin, as recorded in Instrument Number 99-
149007, Official Records of Alameda County, said point being on the
southern right -of -way line of Dublin Boulevard; thence running southerly
along said right -of -way, SOUTH 72 °43'54" EAST 71.58 feet to the Point
of Beginning; thence SOUTH 21 °01'13" WEST 226.44 feet; thence
SOUTH 18 037'43" WEST 20.00 feet; thence SOUTH 06 °43'30" WEST
20.00 feet; thence SOUTH 06 104'44" WEST 20.00 feet; thence SOUTH
05 049'29" EAST 20.00 feet; thence SOUTH 06 °28'15" EAST 20.00 feet;
thence SOUTH -18 022'27" EAST 20.00 feet; thence SOUTH 19 °01'13"
EAST 20.00 feet; thence SOUTH 30 052'26" EAST 20.00 feet; thence
SOUTH 31 034'12" EAST 20.00 feet; thence SOUTH 43 °28'25" EAST 20.00
feet; thence SOUTH 44 °07'11" EAST 20.00 feet; thence SOUTH 56 °01'24"
EAST 20.00 feet; thence SOUTH 56 °01'24" EAST 20.00 feet; thence
SOUTH 56 040'10" EAST 20.00 feet; thence SOUTH 68 °34'23" EAST 20.00
feet; thence SOUTH 71'15'44" EAST 26.10 feet to a point called Point "A ";
thence SOUTH 71 ° 15'44" EAST 80.23 feet; thence NORTH 60'14'02"
EAST 265.00 feet to the beginning of a tangent curve; thence along a
curve to the left, through a central angle of 35 °39'06" having a radius of
400.00 feet, an arc distance of 248.89 feet to a point on the southern
right -of -way line of Dublin Boulevard. The sidelines of said strip of land
are to be shortened or lengthened to terminate at said southern right -of-
way line.
"B"
Being a strip of land 15 feet wide, the center line of which is described as
follows:
Beginning at the previously described Point "A "; thence SOUTH
20 °54'35" WEST 183.74 feet; thence SOUTH 69 °05'25" EAST 15.00 feet.
Basis of Bearings:
The bearing (N72 °43'54 "E) of the monument line of Dublin Boulevard, as
shown on Parcel Map 460, which was filed for record in Book 61 of Parcel
Maps at Pages 21, Official Records of Alameda County, California, was
used as the basis of all bearings in this description.
This legal description of real property is prepared based on record
information, by me pursuant to the requirements of the Professional
Land Surveyors Act. A field survey of the property boundary and existing
watermain, which this easement is to contain, were not performed.
d �, 7/17/o(
Mi hael K. Cooper, RCE o. 29072 Date:
Expires: March 31, 2003
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POINT OF 0 100'
200' 300'
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COMMENCEMENT
L 1
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L2
POINT OF BEGINNING SCALE IN
FEET: 1 "= 100'
L3
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L41
505'4929 "E
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L5
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20.00
L 10
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20.00'
1
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20.00
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S56 °01 '24 "E
CL 15' WATER
L 13
S56'40'1 0 "E
20.00'
L14
LINE EASEMENT
20.00
L 15
571 '15'44 "E
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PARCEL A
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68- 057307
PLAT TO ACCOMPANY
LEGAL DESCRIPTION
FOR WATERLINE EASEMENT
DUBLIN SAN RAMON SERVICES
EXHIBIT "A"
1-1
02
10
Bearing able
No.
He oring
Distance
L 1
S1837'43 "W
20.00
L2
S06 °43'30 "W
20.00
L3
S06'04'44 "W
20.00'
L41
505'4929 "E
20.00
L5
S06 28'15 "E
20.00'
L6
S182227'E
20.00
L7
S19'01'13 "E
20.00
L8
S,30'5226 "E
20.00
L9
S3134'12 "E
20.00
L 10
S43 2825 "E
20.00'
L 1l
S44'07'11 "E
20.00
L 12
S56 °01 '24 "E
20.00
L 13
S56'40'1 0 "E
20.00'
L14
S683423 "E
20.00
L 15
571 '15'44 "E
26.10
L76
N69 °0525 "W
15.00
t geri -
nsen -
zar & Associates
.-
100 N. MILPITAS BLVD., SUITE 160, • MILPITAS, CA 95035
PHONE: (406) 934 -1388 • FAX: (408) 934 -1288
CITY OF DUBLIN, ALAMFDA COUNTY, CALIFORNIA ' 1 „SCALE: 00' ' 7-16-01 DATE: 1 I J 9204C4
DUBLIN LIBRARY
Project: 992044 Jul 17 2001
Lot Map Check
----------------------------------------------------------------
Lot name: WTR -LINE
North: 4908.0495 East: 5237.9425
Line Course: S 21 -01 -13 W," Length: 226.44'
North: 4696.6783 East: 5156.7188
Line Course: S 18 -37 -43 W v Length: 20.00'
North: 4677.7261 East: 5150.3302
Line Course: S 06 -43 -30 W- Length: 20.00
North: 4657.8637 East: 5147.9881
Line Course: S 06 -04 -44 W- Length: 20.00'
North: 4637.9761 East: 5145.8701
Line Course: S 05 -49 -29 E- Length: 20.00 -
North: 4618.0794 East: 5147.8998
Line Course: S 06 -28 -15 E- Length: 20.00'
North: 4598.2068 East: 5150.1538
Line Course: S 18 -22 -27 E- Length: 20.00'
North: 4579.2265 East: 5156.4582
Line Course: S 19 -01 -13 E- Length: 20:00,
North: 4560.3184 East: 5162.9763
Line Course: S 30 -52 -26 E• Length: 20.00-
North: 4543.1524 East: 5173.2393
Line Course: S31-34-12 E' Length: 20.00 -
North: 4526.1124 East: 5183.7101
Line Course: S 43 -28 -25 E' Length: 20.00 -
North: 4511.5986 1 East: 5197.4705
Line Course: S 44 -07 -11 E- Length: 20.00 -
North: 4497.2408 East: 5211.3937
Line Course: S 56 -01 -24 E- Length: 20.00 -
North: 4486.0637 East: 5227.9790
Line Course: S 56 -40 -10 E, Length: 20.00 -
North: 4475.0744 East: 5244.6893
Line Course: S 68 -34 -23 E- Length: 20.00=
North: 4467.7681 East: 5263.3069
Line Course: S 71 -15 -44 E' Length: 26.10'
North: 4459.3838 East: 5288.0236
Line Course: S 71 -15 -44 E -Length: 80.23
North: 4433.6109 East: 5364.0013
Line Course: N 60 -14 -02 E' Length: 265.00'
North: 4565.1729 East: 5594.0370
Curve Length: 248.91 Radius: 400.00-'
Delta: 35- 39 -11' Tangent: 128.63
Chord: 244.91
Course In: N 29 -45 -58
RP North: 4912.3966
End North: 4746.0060
Line Course: N 72 -43 -54
North: 4908.0489
Perimeter: 1672.55
Mapcheck Closure - (Uses
Error Closure: 0.0140
Error North: - 0.00056
Precision 1: 119,124.78
Course: N 42 -24 -26 E
W Course Out: S 65 -25 -09 E
East: 5395.4528
East: 5759.2029
W/ Length: 545.88
East: 5237.9284
Area: 177,751 sq.ft. 4.08 acres
listed courses, radii, and deltas)
Course: S 87 -42 -52 W
East: - 0.01403