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Home My WebLink AboutReso 124-13 DSRSD Easement RESOLUTION NO. 124 - 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: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti NOES: None ABSENT: None ABSTAIN: None /11/ Mayor ATTES 4.4 rCif City Clerk Reso No. 124-13,Adopted 7-16-13, Item 4.11 Page 1 of 1 • RECORDING REQUESTED BY AND RETURN TO: Dublin San Ramon Sctvices District 7051 Dublin Blvd. Dublin, CA 94563 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: • 1 Exhibit I • IN WITNESS WHEREOF, GRANTOR and GRANTEE have executed this Amendment this day of , 2013. GRANTOR: CITY OF DUBLIN By: City Manager, City of Dublin ATTEST: GRANTEE: DUBLIN SAN RAMON SERVICES DISTRICT By: General Manager ATTEST: • 2089242.1 3 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°37'43" WEST 20.00 feet; thence SOUTH 06°43'30" WEST 20.00 feet; thence SOUTH 06°04'44" WEST 20.00 feet; thence SOUTH 05°49'29" EAST 20.00 feet; thence SOUTH 06°28'15" EAST 20.00 feet; thence SOUTH :18°22'27" EAST 20.00 feet; thence SOUTH 1.9°01'13" EAST 20.00 feet; thence SOUTH 30°52'26" EAST 20.00 feet; thence SOUTH 31°34'12" 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°40'10" 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. ) 71710 Mi hael K. Cooper, RCE, o. 29072 Date: Expires: March 31; 2003 . rofESSA9VCao ��cc 29072 m >� * EXPO 9,9r/o3 rr QrF OF cMO?'' • POINT OF 0 100 200' • 300' COlvIMENCEMENT �au:3 sa A POINT OF BEGINNING SCALE IN FEET: 1 ”= 100' ,,58` \ Dl� N._G�7- fN✓ JrQ° / \ N�4.1A grj g'ssg"7y CiNF . 6 Q4 y,cik gS88� Jgs, U�O Tti,L• ��i \ 7 ,. co N./ CL 15' WATER .....__LINE EASEMENT •iJ iNST . N0 . 99 — 149001 0 cb 5 CL 15' WATER p0,': G5 A • LINE EASEMENT ti, A kr; 0 0 f °kO0 • CO, � � h? POINT "A" `d6 , •• 00 Bearing Table </ ✓1g / • No.I Bearing Distance ' � <ps S�7 7S L1 1 518'37'43"W 20.00 Ld$ acj. E j L2 S06'43'30"W 20.00 ° / L3 SO6 04'44"W 20.00' o lo' L4 505'49'29"E 20.00' 0 1 .") R � / L5 506'28'15"E 20.00' = 10 L6 51872'27"E 20.00' •��j L7 519'01'137 20.00' ° L8 S30'522671 20.00' i / L9 S31'34'12"E I 20.00' •al 76, L 10 543'28'25"E 20.00' ° L11 S44'071117 . 20.00' i o L12 S56'01'24"E 20.00' o - i L13. 556'40'10"E 20.00' --- SFESLNO. L14 568'34'23"E 2000' z — ea–os>x7 a _ L15 S7175'44 7 26.10' . L16 N69'05.25"W 1500' . ta. . 0 PLAT TO ACCOMPANY . LEGAL DESCRIPTION Ruggeri w FOR WATERLINE EASEMENT iensen W DUBLIN SAN RAMON SERVICES JA EN s Associates x A )♦ •ENGINEERS '•.;PLANNERS + ISURVEVORS: EXHIBIT V A I1 { PHONE: (406) 934-1388• FAX: (408) 934-1288 8 95035 �; Y1 Z6 N - SCALE: DATE: JOB NO.: CITY OF DUBLIN, ALAMEDA COUNTY, CALIFORNIA - 1" = 100' 7-16-01 992044 o 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 W7 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 : S 31-34-12 E' Length: 20 . 00 North: 4526 . 1124 East : 5183 . 7101 Line Course : S 43-28-25 E- Length: 20 . 00- North: 4511 . 5986 • 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 : N 42-24-26E Course In: N 29-45-58 W Course Out : S 65-25-09 E RP North: 4912 . 3966 East : 5395 . 4528 End North: 4746 . 0060 East : 5759 . 2029 Line Course : N 72-43-54 W" Length: 545 . 88, North: 4908 . 0489 East : 5237 . 9284 Perimeter: 1672 . 55 Area : 177, 751 sq. ft. 4 . 08 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure : 0 . 0140 Course: S 87-42-52 W Error North: -0 . 00056 East : -0. 01403 Precision 1 : 119, 124 . 78