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Home My WebLink About6.3 MAD83-2 PublicHearingCITY OF DUBLIN AGENDA STATt~4ENT SUBJECT: EXHIBITS ATTACHED: City Council Meeting Date: July 28, 1986 Public Hearing: Landscaping and Lighting District No. 1983-2 (Tract 4719) - Levy of Assessments for Fiscal Year 1986-87 ~ .~.z,~j~~ 1) Engineer's Report 2) Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment 3) Assessment Diagram 4) Agreement on Open Space Lot RECOMMENDATION: 1) · /~t 3) 4) 5) 6) Open Public Hearing Receive Engineer's Report Receive Public Input Question Staff and the Public Close Public Hearing and Deliberate Adopt Resolution Approving Engineer's Report, Confirming Diagram and Assessment, and Ordering Levy of Assessment. FINANCIAL STATEMENT: $24,100 to be assessed to property owners for 1986-87 landscaping and lighting maintenance costs. No cost to the City. DESCRIPTION: The City formed the Landscaping and Lighting Assessment District No. 1983-2 for maintenance of landscaping within Tract 4719 (Stagecoach Road and the Amador Lakes Mini-Park). [The method of assessment spread is proposed to be revised this year to add the maintenance of the Dougherty Hills Open Space and the Beck interior roadway slopes. ? The cost of the Dougherty Hills Open Space lot maintenance will be spread 60% to the Beck development (150 single-family lots in Tract 4719) and 40% to the Amador Lakes development. All of the Beck interior slopes maintenance cost will be spread to the Beck lots. The District Diagram remains the same as last year. The District assessment this year is $24,100. This is less than last year's assessment of $30,000, as there is a large carryover of unused funds from the previous year. Staff recommends adoption of Resolution as appropriate. ITEM NO.~ COPIES TO: Beck Properties Amador Lakes Associates RESOLUTION NO. -86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING ENGINEER'S REPCRT, CONFIRMING DIAGRAM AND ASSESSMENT, AND ORDERING LEVY OF ASSESSMENT CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRIC~ NO. 1983-2 WHEREAS, by its Resolution No. 45-86, a resolution directing preparation of Annual Report for Maintenance Assessment District, City of Dublin Landscaping and Lighting Maintenance Assessment District No. 1983-2 (the "district"), this Council designated the City Engineer as Engineer and ordered that Engineer to make and file a report in writing in accordance with and pursuant to the Landscaping and Lighting Act of 1972; and WHEREAS, said Engineer of Work has m~de and filed with the City Clerk a preliminary report in writing as called for, which report was presented to the City Council on June 26, 1986; and WHEREAS, said Engineer of Work has filed with the City Clerk an Engineer's Report for final consideration; and WHEREAS, the City Council has duly considered said Report and each and every part thereof, and finds that each and every part of said Report is sufficient; and that said Report nor any part thereof requires modification in any respect; NO~, THEREFORE, BE IT RESOLVED as follows: a) That the Engineer's estimate of the itemized and total costs and expenses of maintaining said improvements and of the incidental expenses in connection therewith, be; and each of them are hereby finally approved; b) That the diagram showing the assessment district, description of improvements to be maintained; and the boundaries and dimensions of the respective lots and parcels of land within said district as contained in said district as contained in said report be, and it is hereby finally approved; c) The assessment of the total amount of cost and expenses of the proposed maintenance of said improvements upon the several lots and parcels of land in said District in proportion to the estimated benefits to be received by such lots and parcels, respectively, from said maintenance and of the expenses incidental thereto, as contained in said report be, and they are hereby finally approved and those assessments are hereby ordered levied as contained in said reports. PASSED, APPROVED, AND ADOPTED this 28th day of July, 1986. AYES: NOES: ABSENT: ATTEST: Mayor City Clerk CITY OF DUBLIN LANDSCAPING AND LIGHTING DISTRICT NO. 1983-2 (TRACT 4719) (FISCAL YEAR 1986-1987) ENGINEER' S ~ C0~EHTS Assessment: Including Estimate of Costs, Method of Apportioning, and Assessment Roll 2. Assessment Diagram -1- ASSESSMENT WHEREAS, on May 12, 1986, the City Council of the City of Dublin, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, adopted its Resolution Directing Preparation of Annual Report for Maintenance Assessment District for the maintenance of improvements more particularly therein described; and WHEREAS, said Resolution directed the undersigned to prepare and file a report pursuant to Section 22565, et. seq. of said Act; NOW, THEREFORE, the undersigned, by virtue of the power vested in me under said Act and the order of the Council of said City, hereby make the following assessment to cover the portion of the estimated cost of the maintenance of said improvements and the cost and expenses incidental thereto, to be paid by said District. ESTIMATE OF COSTS Cost of Maintenance Incidental Expenses TOTAL COST: Surplus from Previous Fiscal Year NET TO BE ASSESSED FOR FISCAL YEAR 1986-87 (1) (2) (3) As Filed As Preliminarily As Finally Approved Approved $ 22,100 $ 22,100 $ $ 33,268 $ 33,268 $ $ 55,368 $ 55,368 $ $ 31,268 $ 31,268 $ 24,100 $ 24,100 $ As required by said Act, a diagram is hereto attached showing the exterior boundaries of said landscaping maintenance assessment district and also the lines and dimensions of each lot or parcel of land within said landscaping maintenance assessment district as the same existed at the time of the passage of said resolution, each of which lots or parcels having been given a separate number upon said diagram. I do hereby assess the net amount to be assessed upon all assessable lots or parcels of land within said landscaping maintenance assessment district by apportioning that amount among the several lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the maintenance of said improvements, and more particularly set forth in the list hereto attached and by reference made a part hereof. Said assessment is made upon the several lots or parcels of land within said landscaping maintenance assessment district in proportion to the estimated benefits to be received by said lots or parcels respectively from the maintenance of said improvements. The diagram and assessment numbers appearing herein are the diagram numbers appearing on said diagram, to which reference is hereby made for a more particular description of said property. Each lot or parcel of land assessed is described in the assessment list by reference to its parcel number as shown on the Assessor's Maps of the County of Alameda for the fiscal year 1986-1987 and includes all of such parcel excepting those portions thereof within existing public roads or right-of-way to be acquired in these proceedings for public road purposes. For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County. Because the names of the several owners are unknown to me, I hereby place the word "Unknown" opposite the number of each lot or parcel of land assessed, the amount assessed thereon, and the number of the assessment. Dated: July 28, 1986 City Engineer -3- CITY OF DUBLIN LANDSCAPING AND LIGh'~ING DISTRICT NO. 1983-2 ENGINEER' S COST ESTIMATE FISCAL YEAR 1986-1987 (TRACT 4719) MAINTENANCE $ 22,100 $ 22,100 INCIDENTALS a) b) c) Engineer's Report and Proceedings Cost of Collection (County) Contingencies and Reserve $ 2,000 $ 510 $ 30,758 $ 33,268 $ 55,368 -4- METHOD OF APPORTIONING Sixty percent (60%) of the annual cost of maintaining the park on Lot 152 of Tract 4719 and the landscaping within and along Stagecoach Road has been assigned to Lots 5180-1, 5180-2, and 5180-3 prorated on the number of units within each lot. The balance of this annual cost has been divided equally among Lots 1 through 150, inclusive, of Tract 4719. The cost of maintaining the excavated slopes and concrete culverts together with its landscaping existing around the outer perimeter of the residential subdivision lots and the interior slopes and culverts, excluding those slopes and concrete culverts adjacent to Stagecoach Road, shall be evenly spread over Lots 1 through 150 of Tract 4719. The cost of maintaining the perimeter fence and the open space within Lot 153 of Tract 4719 shall be spread 60% to Lots 1 through 150, Tract 4719, in equal shares, and 40% to Lots 1 through 3 of Tract 5180, prorated on the number of units within each lot. Lots 152 and 153, being park and open space, shall have a zero assessment. -5- SCOPE OF WORK The scope of work shall be the maintenance of landscaping and irrigation with the road right-of-way of Stagecoach Road between the limits of Ammdor Valley Blvd. and Alcosta Blvd. and maintenance of all facilities within the mini-park on Lot 152 of Tract 4719. Further, the scope of work shall include maintaining the fencing and open space all within Lot 153 of Tract 4719. Further, the scope of work shall include the maintenance of the excavated slopes and drainage facilities related to these slopes for the area adjacent to Lots 1 through 150, all within Lot 153 of Tract 4719. Further, the scope of work shall include the maintenance of the slopes and landscaping and irrigation of the slopes within a public easement for those slope areas to the rear of Lots 80 through 86 and 37 through 48, all within Tract 4719. -6- ASSESSMENT ROLL Assessment and Lot No. Property Owner Amount of Assessment 1986-87 Tax Year Tract 4719 1-150 Tract 4719 152 Tract 4719 153 Tract 5180 1 Tract 5180 2 Tract 5180 3 Unknown Unknown Unknown Unknown Unknown Unknown $84 per lot $ 0 $ 0 $ 3,387 $ 2,642 $ 3,470 -7- CITY OF DUBLIN LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRIC~ CERTIFICATIONS FISCAL YEAR 1986-1987 I, the City Clerk of the City of Dublin, California, hereby certify that the foregoing Engineer's Report, including Assessment, in the amounts set forth in Column (1), with the diagram thereto attached, was filed with me on June 2~, 1986. I, the City Clerk of the City of Dublin, California, hereby certify t~at the foregoing Assessment, with the diagram thereto attached, was preliminarily approved and confirmed by the City Council of said City by its Resolution No. 57-86, duly adopted by said Council on June 26, 1986. ' ~,-ol- I, the City Clerk of the City of Dublin, California, hereby certify that the foregoing Assessment, with the diagram thereto attached, was finally approved and confirmed by the City Council of said City by its Resolution No. , duly adopted by said Council on , 1986. I, the City Clerk of the City of Dublin, California, hereby certify that a certified copy of the assessment and diagram was filed in the office of the County Auditor of the County of Alameda, California, on , 1986. AGRE~IENT t Agreement made this /~'~--t day. of August, ]985 among the City of Dublin, a municipal corporation, Amador Lakes Associates, a California limited partnership, and Beck Properties, Inc., a California corporation. RECITALS OF CONSIDERATION Mutual Promises NOW THEREFORE, for and in consideration of the premises and the mutual promises, covenants, and agreements hereinafter set forth, the City of Dublin, Amador Lakes Associates, and Beck Properties, Inc., agree as follows: 1. The City of Dublin shall accept dedication of Lot 153 cf Tract 4719 located in the City of Dublin and shall cause to be annexed certain hereinafter specified costs and maintenance obligations to that certain assessment district designated Land- scaping and Lighting District No. 1983-2, City of Dublin, Alameda County, California. The above acceptance of the dedication of Lot 153 of Tract 4719 in the City of Dublin and the annexation of certain costs and maintenance obligations to the above referred to assessment district shall be made under the following terms and conditions: A. Beck Properties, Inc., and Amador Lakes Associates will construct fencing from the southwest corner of Lot 153 easterly to the southeast corner of Lot 153 and then northerly to tie in with the existing fence surrounding the water tank located in the easterly part of Lot 153. In addition, Beck Properties, Inc. and Amador Lakes Associates shall construct fencing from the northern end of the concrete culvert on the east side of Stagecoach Road easterly along the northern border of Lot ]53 to the existing fence line located at the northeast corner of Lot ]53 and will construct additional fencing along the open areas of Lot 153 that border on Stagecoach Road. (].) The fencing to be constructed along the southern, eastern and northern bo~der 6f_.Lot ]53 Sh~lt-be a'viny! clad chain link fence. The fence along the eastern border of Lot 153 shall be eight feet in height and all other fence shall be a minimum of six feet in height. (2.) The fencing along the east side of Stage- coach Road shall be such as to lirait access from Stagecoach Road to Lot 153 and shall be of a nature that shall _=~v~ this purpose _ ~z~n the subdivision and and also be aesthetically commanable ~ '~ landscaping along Stagecoach Road. The actual type of fencing and its location shall be mutua!Iv agreed uocn by the City cf Dublin, Beck Prooerties, Inc., and Amador Lakes Associates. (3.) The cost of the fencing shall be allocated fifty percent (50%) to the City of Dublin and fifty percent (50%) to Beck Properties, Inc. and Amador Lakes Associates. The cost allocation to Beck Properties, Inc. and Amadcr Lakes Associates shall be sixty percent (60%) to Beck Properties, Inc. and forty percent (40%) to Amador Lakes Associates. (4.) If additional fencing around the perimeters of the excavated subdivision slopes is required by the City of agr~m~n ~, Dublin within three years from the date of this .... the cost of such fencing shall be assessed fif~v~_ percent (50%) to Lots 1 through 150, in equal shares, of Tract 4719, City of Dublin, and the remaining fifty percent (50%) to the City of Dublin. If no additional fencing is required within said three year period, the City of Dublin shall assume the responsibi!itx.'for.any..'additiOnal' fencing in the future. (5.) estimated costs for all the above referred to fencing, ~ncluding the fencing referred to in paragraph (4.) above, is under the sum of Forty Thousand Dollars ($40,000.00). The maximum costs of all of the above referred to fencing to be assessed against Beck Properties, I~c., Amador Lakes Associates, Lots 1 through 15]'of Tract 47]9, City of Dublin, shall not exceed the combined total of Twenty Thousand Dollars ($20,000.00). 2. The cost of maintaining the fencing contemplated by this agreement shall be allocated through Landscaping and Lighting District No. 1983-2, City of Dublin, Alameda County, California and shall be assessed sixty percent (60%) to Lots 1 through 150, in equal shares, of Tract 47]9, City of Dublin, and forty percent (40%) to Lot ]51 of Tract 47]9, City of Dublin. This assessment of the maintenance of the fencing shall be made for a period of three years from the date of this agreement and after the expiration of the three years the cost of maintaining all fencing contemplated by this agreement shall be born by the City of Dublin. 3. The cost of maintaining the common area of Lot ]53 of Tract 47]9, City of Dublin, shall be allocated through Landscaping and Lighting District No. ]983-2 and assessed sixty percent (60%) to Lots ] through ]50, in equal shares, of Tract 47]9, City of Dublin, and forty percent (40%) to Lot 151 of Tract 4719, City of Dublin. This assessment shall ta~t for a period of three years from the date of this agreement and from that time cn the cost of maintaining Lot 153 of said subdivision shall be born by the City of Dublin subject to the exception noted in paragraph 3A below. If the City of Dublin allows public access to Lot 153 of Tract 4719, City of Dublin, prior to this three year period of limitation, the cost of maintaining said Lot 153 shall revert solely to the City of Dublin when such public access is formally approved by the City. A. The excavated slopes ~nd concrete culverts existing around the outer perimeters of the subdivision and the interior slopes and concrete culverts, excluding those slopes and concrete culverts adjacent to Stagecoach Road, as shown in attached Exhibit "A", shall be annexed to Landscaping and Lighting District No. ]983-2. The cost of maintaining these slopes and culverts shall be assessed solely to Lots ] through ]50, in equal shares, of Tract 4719, City cf Dublin. This assessment shall be permanent in nature. 4. Beck Properties, Inc. shall cause to be granted to the City cf Dublin, a public easement over Lots 80 through 86 and 37 through 48 of Tract 4719, City of Dublin, to allow for the main- tenance of slopes and culverts contemplated by this agreement. GENERAL PROVISIONS Acceptance The terms and conditions cf this agreement are subject to the approval and acceptance by the City of Dublin. In the event that such approval and acceptance is not obtained from the City cf Dublin within thirty (30) days from the date of this agreement, this agreement shall be deemed null and void in its entirety. Entire Agreement This agreement supersedes any and all other agreements, either oral or in writing between the parties hereto with respect to the subject matter hereof and contains all of the covenants and agreements between the parties with respect to said matter, and each party to this agreement acknowledges that no represent- ations, 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 other agreement~ statement, or promise not containted in this agreement shall be valid or binding in respect to the subject matter hereof. -2- Choice of Law This agreement shall be governed by and construed in accordance with the laws of the Stat~ of California. Nonassignability This agreement shall not be assigned by any party hereto without the prior written consent of all parties. Successors and Assigns Subject to the provision regarding assignment, this agreement shall be binding upon the heir,' executors, administrators, successors and assigns of the respective parties. Attorneys Fees If any legal action is necessary to enforce the terms of this agreement, the prevailing party shall be entitled to reasonable attorneys fees in addition to any other relief to which the party may be entitled. This provision shall be construed as applicable to the entire contract Executed at of~ j~/~.~;oa<Z~ , 1985. Executed at , California, this day C%TY Op~IN ~ ', California, th~s /~z~ day , ]985. of Executed at _p~o/t~:~ BECK PROPERTIES, INC. ,,/Ca(2f'c~nia, this~ 2 S AMADOR LAKES ASSOCIATES NOTE: THE INDIVIDUAL PARCELS ARE INCORPORATED BY REFERENCE TO THE COUNTY ASSESSORS' ROLL IN EFFECT MARCH 1986 THE METES AND BOUNDS DESCRIPTION OF THIS MAP ARE COTERMINUS WITH THE CITY LIMIT LINE AS ESTABLISHED BY RESOLUTION NO. 192103 OF THE ALAMEDA COUNTY BOARD OF SUPERVISORS. EFFECTIVE FEBRUARY I, 1982. 3 n . d CITY OF DUBLIN COUNTY, OR l SANTINA & THOMPSON CONSULTING CIVIL ENGINEERS, INC. 1040 OAK GROVE ROAD CONCORD, CALIFORNIA 94518 FISCAL YEAR 1986/87 CITY OF DUBLIN CERTIFICATES FILED IN THE FFICE OF THE CITY CLERK THIS DAY OF ,1983 — 1 RICHARD AMBRC CITY OF DUBLIN ,AI was] a G7.1 I HEREBY CERTIFY THAT THIS MAP WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF DUBLIN AT # REGULAR PEETING THEREOF, HELD ON THE � � � — DAY OF ,- 1983, BY ITS RESOLUTION NO. 7 RICHARD AMBRO CITY CLERK CITY OF DUBLIN COUNTY RECORDER'S CERTIFICATE FILED THIS I9'` DAY OF A'- kous�- 1983, AT THE HOUR OF` :30 O'CLOCK p M. IN BOOK_ 9- OF MAPS OF ASSESSMENT DISTRICT AT PAGE THERE OF IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA. #$ -3 TOW RENE C. DAVIDSON, COUNTY RECORDER IN AND FOR THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA COUNTY AUDITOR'S CERTIFICATE FILED IN THE OFFICE OF THE COUNTY AUDITOR OF THE COUNTY OF ALAMEDA, STATE OF CALIFORNIA THIS. DAY OF .� U Cv _ 1983. l*"l dvc "vu" aUbMg- J r DONALD M. PA KIN, COUNTY AUDITOR - CONTROLLER COUNTY OF ALAMEDA STATE OF CALIFORNIA v LEGEND N8 Trool 8ou/x/ary Qo Ex/s1in9 Monumrnf OO pro O' Monu7nen { P U5. Pub /ic Ufihly Esln l ' - • S D E Arm Drain Esm N I N838 pp 5.5. E. 5onifz7r, er EospmPn/ 0 200 400 600 ti / / / / / AbuiPer,S el hfs o,- fkcee5s ti SCALE IN FEET / 22 /inquished to cify TRACT 4719 Uwe' - r o/ a9ree/r7en>` _ Nraa2co'�y 34.5p'0�' for- xeser 11o1� life . _ _ 850 oo N 150.00 N2 3/40'Y✓ / � �� A 1s, A o 7233 o N22 42OG "W NG a0 /i "w \ O N,34%740 N/ -169,-9 GZ2/ 70.95 ' '•, NGO ZO' /8 "Y✓ I.. / l w 0!:& /4 14 �¢ 89 35 EO L N2 N35'04!N '. 152.47 A/74°3942'E /r �� - I �_ J \ \ \ °o\� �z Yv N/O ° 2 h /GOOD JNS °ZS O, w /09.2/ I � 7 �1; I i :' 53.99 N2729 f2 E(rl) N/4 °# i \ 8, 7 % iV f'': N41 W39 6769 : t .•1(NaC54 /.5?'E '•, N�5 20/8 "WAN, Z. 103.88 ° w p �.0 R =GO0Y/ j, 17,9.W ! % �h : , .�'`'1/ �K_25250 •``:; '-D NSB Z930'w 7Z 73 N3isB4rE a•4i °422G' a\ :: � : e= 6iO-33 J c n N o, 4776 �`, 1! A IG774 L:4sGS 30 3/ 3233 �,' C= 50.33 $ -\ 9 10 1 34 35 3G �).'° `� R 2szso . w m$�. 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STAGECOACH STAGECOACH aE �PG PPPROX\�N�E SEP5 0� X601 EASEM 9g \.,AgSncEOl ��168 RE�OG lT0 9E a Sti,E i / /34 /3s /33 9lo W /2/ W 97 /22 w o 98 W /23 - 99 = /24 /00 a /25 /O/ Q /ZG ku /02 /03 /27 , /04 i / /34 /3s /33 /32 w o /37 /3/ - /38 /.30 /39 /Z9 a / 1Z$ , RO D �< /44 /4S .4G /•r'D /43 g a 149 142 i 147 148 141 O ilri III 111 !ID N 12 -113 Sa�TNE�N G0MPANY NGG5 P13 8737 qC NG7'OGZB'E ` QV P� Z� LJ a' J 11A139.50 Di�tV 3 q ��ZI 22 23 ,ZOZ V t : N5G33%3 E(,PJ ''. � 1 IPj I ` R 3/95 \ N SZ 4v3• T C " -,P =39500 d =Z4 %043 "L =/6738 y) Al M M a i oM. m 52 1183.84 (sn' e I $ „g ym °N� Uq o N 1 70.20 IN m Z =393 Lb "d =24" Z = /67. -A0 dYJ ore ti orym^ i:W 1 &m DETAIL A y NO SCALE a ASSESSMENT DIAGRAM LANDSCAPING AND LIGHTING DISTRICT 1983 -2 TRACTS 4719 & 5180 CITY OF DUBLIN ALAMEDA COUNTY, CALIFORNIA Q4S /S OFBEA,2 /71/GS Tfie A017U/Ae771 /rile of Sta�ecaaci7 Goad 7`a4e17 as rl/orfh.34 °SD 'DG 'Mesf as showr7 017 IW Il¢rl//BB- BISSELL & KARN INC. CIVIL ENGINEERS SAN LEANDRO, CALIFORNIA FISCAL YEAR 1986/87 SHEET- I OF I S H EES; ft„ JUN 26 1006 `;ansinaand Thompson, Inc