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HomeMy WebLinkAboutReso 228-03 Mod5LicAgmtZone7RESOLUTION NO. 228 - 03 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING MODIFICATION NO. 5 TO THE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN (CITY) AND ZONE 7 OF THE ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT (ZONE 7) REGARDING THE ADDITION OF A CHANNEL PROPERTY TO THE LICENSE WHEREAS, Zone 7 and the City previously entered into a License Agreement on March 18, 1987, as authorized by City Council Resolution No. 15,87; and WHEREAS, said License Agreement has been subsequently modified by Modification Nos. 1, 2, 3, and 4 dated Augm._st 8, 1995, September 19, 2000, December 17, 2002, and October 7, 2003, as authorized by City Council Resolution Nos. 93-95, 170-00, 232-02 and 200-03 respectively; and WHEREAS, Modification No. 5 will add one segment of Alamo Creek between Amador Valley Boulevard and the Iron Horse TmiI to the channel properties governed by the License Agreement, said segments being more precisely described as Lot A (APN's 941-2765-295 and 941-2765-296) of Tract 5883 recorded April 30,1990, in Book 190 of Maps at Pages 50-55, Official Records of Alameda County; and a portion of that Parcel known as the Dublin HOusing Authority - Arroyo Vista (APN 941-7-1-4); and WHEREAS, Zone 7 has agreed to allow the City use of said flood control channel properties for park and recreational purposes within said channel properties; and WHEREAS, Zone 7 is agreeable to such use on condition that the City improves, maintains, and operates such park and recreational facilities in a manner that will not interfere with basic flood control purposes of the channel; and WHEREAS, Zone 7 is agreeable to such use on condition that the City holds Zone 7 free from all liability and claims for damage in accordance with said License Agreement as modified; and WHEREAS, it is mutually agreed between Zone 7 and the City to add said Alamo Creek segment to the License Agreement for the privilege of using said parcels for park and recreational facilities use under the terms of said License Agreement as modified; NOW, THEREFORE, BE IT RESOLVED that th~ City Council of the City of Dublin does approve Modification No. 5 to the License Agreement between Zone 7 of the Alameda C~unty Flood Control and Water Conservation District and the City of Dublin, attached hereto as Exhibit "A". BE IT FURTHER RESOLVED that the City Clerk of the City of Dublin is hereby directed to transmit a certified copy of this Resolution, along with duplicate executed copies of Modification No. 5 to Zone 7 for the District's Board approval and processing. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED.ds 18th day of November, 2003. AYES: Councilmembers McCormick, Oravetz, Sbranti and Zika and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None Mayor K2/G/11-18-03/reso-zone7.doc (Item 8.4) G:VkGENMISC~reso Z7 License Agmt Mod $ Alamo Ck.doc 2 MODIFICATION NO. 5 TO THE LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND ZONE 7 OF THE ALAMEDA COUNTY ~ FLOOD CONTROL AND WATER CONSERVATION DISTRICT REGARDING THE ADDITION OF CHANNEL PROPERTIES TO THE LICENSE THIS MODIFICATION OF LIcENsE AGREEMENT' ("Modification") dated for identifiCation as November 19, 2003, is entered into by and between ZONE 7. OF THE ALAMEDA.COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, a body corporate and politic, hereinafter-referred to as "Licensor", and the CITY OF DUBLIN, a Municipal Corporation, hereinafter referred to as "Licensee". RECITALS This Modification is entered into on the basis of the following facts, intentions and understandings of the Licensor and Licensee hereto: WHEREAS, Licensor and Licensee previously entefred into that certain License Agreement between the Zone 7 of Alameda County Flood Control and Water Conservation District ("Zone 7") and the City of Dublin ("City") dated March 18, 1987, as authorized by City Resolution No. 15-87 and Zone 7 Resolution No. 1244 ("1987 Agreement"); and WHEREAS, four modifications (Modification Nos. 1, 2, 3 and 4) to the 1987 Agreement have previously been approved on August 8; 1995, September 19, 2000, December 17, 2002, and October 7, 2003; and WHEREAS, Licensor has agreed to allow Licensee to use certain flood control channel properties for maintaining parks and recreational facilities (including bicycle/pedeStrian pathways) within said channel properties; and WHEREAS, Eicensor is agreeable to such use so long as said Licensee improves, maintains, and operates such park and recreational facilities in a manner that Will not interfere with the basi'c flood control purposes of the channel; and WHEREAS, it is mutually agreed between Licensor and Licensee to add additional channel properties to the 1987 Agreement for the privilege of using.said properties for park and recreational facilities (including bicycle/pedestrian pathways) use 'under the terms of said 1987 Agreement as modified by this Modification; and NOW, THEREFORE, in consideration of the mutual covenants and promises set forth herein, the receipt and adequacy of which is hereby acknowledge, Licensor and Licensee hereby agree to the following modifications as follows: 1. Channel properties added to Section IV Real Property of the 1987 Agreement are: Alamo Creek properties identified as Lot A (APN's 9Z1.1-2765-295 and 941-2765-296) of Tract 5883 recorded April 30,1990, in Book 190 of Maps at Pages 50-55, Official Records of Alameda County; and a portion of that Parcel known as the Dublin Housing Authority - Arroyo Vista (APN 941-7-1-4). See Exhibits "1" and "2" attached hereto and made a part hereof. Pa2e 1 of 2 In all other respects, .the terms and provisions o~ the .1987 Agreement are to continue in full force and.effect, except as previously modified. IN WITNESS WHEREOF, Licensor and Licensee have caused their corporate names to be affixed hereto by their respective officers authorized to do so. ZONE 7 OF ALAMEDA COUNTY FLOOD CONTROL AND WATER DISTRICT, "Licensor" By: President, Board of Directors Date: CITY OF DUBLIN, "Licensee" Dat::n?c;h/.a~~;~;r,;,ty of Dub' APPROVED AS TO FORM: RICHARD E. W'INNIE, COUNTY COUNSEL By: County Counsel Date: APPROVED AS TO FORM: CITY ATTORNEY City Attorney Date: J ('- / ~' ATTEST: By: Secretary; Board of Directors ATTEST: City Clef-~ g:agenm~sc'Z-7 license agmt mod 5 c2 mtg 111803 Pa~¢ s of 2 Job #8904052.20 August 8, 1990 LEGAL DESCRIPTION ZONE 7 PARCEL 1. Real property situate in the City of Dublin, County of Alameda, State of California, described as follows: Beginning at a point at the southwesterly corner of Alamo Creek Parcel A of Tract Map 5883 filed 4/30/90 in Book 1' 90 of Maps at page 50, said point also being on the northeaSterly line of t~he Southern Pacific Right-of-Way, Book 1326 of Deeds page 9 {L47181); thence northeasterly along the southerly boundary of'said Parcel A and the northerly and westerly lines of the Dublin Housing Authority filed in Book 7397 of official records page 437 (AJ35346) North 64° 33' 12" East 194.57 feet; thence South 88° 56' 31".East 197.97 feet; thence North 81 o 33' 29" East 174.87 feet; thence North 19° 57' 04" West 66.00 feet; thence North 57° 48' 08" west 122.12 feet; thence North 17° 01' 25" East 79.15 feet; thence leaving said line of Parcel A and said Dublin Housing Authority South 88° 13' 42" East 78.00 feet; thence South 57° 24' 02, East 77.77 feet; thence South 29° 00" 42" East 93.37 feet; thence North 89° 17' 36" East 45.56 feet; thence South 12° 48' 30" West 225.64 feet; thence North 87° .34' 34" West 2.74 feet to a non-tangent curve to the left, having a radius of 50.00 feet, a rsdial bearing of North 41 o 46' 07" East and a Delta Of 40° 20' 05", thence westerly along said curve 35.20 feet; Thence North.88° 33' 58" West 405.42 feet to a curve to the le~t having a radius of 45,00 feet, and a Delta of 36° 20' 30"; thence along said curve 28.54 feet; thence North.55° 05' 32" East 82.65 feet to a curve to the left .having a radius of 35.00 feet, and a Delta of 510 27' 52"; thence along said curve 31.44 feet to a point on said curve having a radial which bears North 86° 22' 20" West; thence South 54°' 04' 39" West 5.76 feet to a point on a non-radial curve to the left having a radius of '11409.19 feet and a radial bearing North 53° 01' 49" East, said point is also on the said northeasterly line of Southern Pacific Right-of-Way; thence along the northeasterly boundary of said right-of-wa~' northwesterly along said curve through a Delta of 0° 37' 1S" and an arc length of 123.79 feet to the Point of Beginning. Excepting 'therefrom that portion of land 'lying within North Avenue.. containing; 97, t04 Sq, Ft. ± Job #8904052.20 August 8, 1990 LEGAL DESCRIPTION ZONE 7 {CONTINUED) Along With an appurtenant 15' 'access easement described as follows: 1 5' access easement beginning at a point at the southerly terminus of the line in the above 'Parcel 1 description bearing South 12° 48' 30" West; thence northeasterly along said line North 12° 48' 30" East 225.64 feet; thence leaving said line South 77° 11' 30" East 15.00 feet; thence South 12° 48' 30" West 225.64 feet; thence North 77° 11' 30" West 15.00 feet to the Point of Beginning. Containing: 3,385 Sq. Ft. ± 0.078 AC ± Along with an appurtenant temporary slope easement described as follows: Beginning at a-Point at the westerly terminus of a line in the above Parcel 1 description bearing North 87° 34' 34" West; thence North 87° 34' 34" West 437.57 feet to a curve to the left having a radius of 41.00 feet, and a Delta of 37° 19' 54"; thence along said curve 26.71 feet; thence South 55 o 05' 32" West 82.11 feet to a curve to the left, having a radius of 31.00 feet and a Delta of.45° 02' 59"; thence along said curve 24.37 feet; thence South 54° 04' 39" West 5.44 feet to the parcel described above on a curve to the right, having a radial of North 86° 22' 20" west, a radius of 35.00 feet, and a Delta of 51 o 27' 52"; 'thence along said parcel and said curve 31.44 feet; thence North 55° 05' 32" East 82.65 feet to a curve to the right having a radius o 45.00 feet, and a Delta of 36° 20' 30"; thence along said curve 28.54 feet; thence South 88° 33' 58" East 405.42 feet to a curve to the right having a radius of 50.00 feet, and a Delta of 40° 20' 05"; thence along said curve 35.20 feet to the Point of Beginning. Contal n m"~7: 3,982 Sq. Ft. ± 0.091 AC ± 100 200 SCALE IN FEET 300 NUMBER RADIUS i · 35.00 2 45.00 5 3t.O0 e / 4't. O0 DATA TABLE DELTA/BEARING LENGTH 5~'27'52~ 31.44 36"20'30" 28.54 40"20'05" 55.20 N54'O4'39"E 5.44 45°02'5§" 24.57 37°1g'54" 26.71 DES I GNED: DP, A~N: P. E · BISSELL & KARN. !NC, CIVIL ENGINEERS 4857 CHABOT DRIYE. SUITE 204~ PLKASA~ON, CA 94588 PH0~: [415J 465-0860 PLAT TO ACCOMPANY LEGAL DESCRIPTION ' ZONE 7 PARCEL 1 ..~ ~ ",~.' ~DU!:TY ciTY Or DUDLEN ._- .... D~ SHEET 1 ~ 2SHEETS Job #8904052.20 August 8, 1990 LEGAL DESCRIPTION ZONE 7 PARCEL 2 Real property sitUate in the City of Dublin, County of Alameda, State of California, described as follows: Beginning at a.point at the northeast corner of Lot 1 as shown on Sheet 5 of Tract Map 58'83 filed 4/30/90 in Book 190 of Maps at page 50, said point also being an angle point of Parcel A of said Tract Map, said point also being on the northwesterly line of the Dublin.Housing Authority'filed in Book 7397 of Official Records page 437 (AJ 35346); thence from said Point of Beginning and leaving said Lot I and along the eastern line of said Parcel A North 17° 01' 25" East 45.00 feet; thence South 88° 06' 21" East 33.07.feet; thence North 45° 03' 06" East 112.23 feet; thence North 22° 34' 13" East 158.34 feet; thence North 08° 49' 59" East 243.79 feet; thence North 49° 23' 56" West 155.48 feet; 'thence leaving the easterly line of said Parcel A South 54° 53' 15" 'East 98.32 feet; thence South 64° 58' 59".East 81.1'6 feet; thence South 60° 12' 56" East 25.70 feet;to a point (o be referred to as Point "A" for the purpose of this description; thence. South 73° 05' 02" West 9.77 feet; thence South 42° 33' 48" WeSt 28.48 feet; thence South 08° 56' 28" West 237.21 feet; thence South 22° 45' 27" West 132.76 feet to a curve to the' left having a radius of 300.00 feet and a Delta of 23° 11' 59"; thence along said curve !21.47 feet to a pointto be referred to a Point "B" for the purpose of this description, having a radial which bears South 89° 33' 29" West; said point also being on a curve to the left having a radial which bears North 62° 48' 35" West, and a Delta of 83° 00' 38" thence along said curve 50.71 feet; thence South 69° 47' 56" West 67.66 feet to a curve to the right having a radius of 52.00 feet and a Delta of 34° 56' 41"; thence along said curve 31.71 feet; thence North 75° 15' 22" West 4.14 feet to the Point of'Beginning. Containing: 25,173 Sq. Ft. ± 0.58 AC ± Job #8904052.20 August 8, 1990 LEGAL DESCRIPTION ZONE 7 (CONTINUED) Along with an appurtenant temporary slope easement described as follows: Beginning at the northeasterly corner of said Lot One; thence along ~he southerly line of the above described Parcel 2, South 75° 15' 22" East 4.14 feet to a curve to the left, having a radius of .52.00 feet, and a Delta Of 34° 56' 41"; thence along said curve 31.71 feet; thence North 69° 47' 56" East 67.66 feet to a curve to the right, having a radius of 35.00 feet, and a Delta of 83° 00' 38"; thence along said curve 50.71 feet to said Point "B" as described in the above described Parcel 2, having a radial which bears North 62° 48' 35" East; thence leaving said parcel North 69° 15' 38" West 37.00 feet; thence South 67° 21' 31" West 90.39 feet; thence North 84° 26' 56" West 27.71 feet to the easterly line of said Lot 1; thence along said line North 17° 01' 25" East 12.62 feet to the Point of Beginning. Containing: 1,310 Sq. Ft. +- 0.030 AC -+ Along with an appurtenant temporary slope easement, described as follows: Commencing at Point "A" as described in the above Parcel 2; thence North 60© 12' 56" West 25.70 feet; thence North 64° 58' '59" West 81.1 6 feet; thence leaving said parcel tine South 75° 30' 07" East 88.02 feet; thence South 22° 59' 32" East 27.21 feet to the Point of Beginni~qg. Containing: 864 Sq. Ft. -+ 0.01 98 AC 4- Also along with an appurtenant access easement described as follows: E]eginning at Point "B" as described in the above described Parcel 2, said point being on a curve to the right'having a radial which bears South 89° 33' 29" West, a radius of 300.00 feet, and a Delta of 23° 11' 59"; thence along said curve and Parcel 121.z~7 feet; thence North 22° 45' 27" East 132.76 feet; thence North 08© 56' 28" East 237.21 feet; t-hence North 42° 33' 48" East 28.48 feet; thence North 73° 05' 02" East 9.77 feet to Point "A" as described in the above described Parcel 2; thence leaving said parcel South 47° 26' 12" East 15.04 feet; .thence South 42° 33' 48". West 39.88 feet; thence South 08© 56' 28" West 225.47 feet; thence South 22° 45' 27" West !34.58 feet to a curve to the !eft having a radius of 285.00 feet, and a Delta of 23° 11' 59"; thence.along said curve 115.40 feet; thence South 89° 33' 29" West 15.00 feet to the Point of Beginning. Containing; I LBT I / / / N88' 06 '21 'W 07' 2..° POINT DATA TABLE DELTA/BEARING N?5'I5'22"W b4'56'41" NBD'4?'56"E 83°00'58" 23' i'59" DRAWNi P.E. 6HECREDt APPROYED= I00 200 SCALE IN FEET 300 NIT'OI '25'E LENGTH 4.14 67'. 66 50.7~ 121.47 45. O0 46;~? CHABOT DRIVE, SUITE 204, PLEASANTON, CA 945815. pHOhE:I415] 46~-0660 PLAT TO ACCOMPANY LEGAL DESCRIPTION ZONE 7 PARCEL 2 ,' ;~!'ITY OF DUBLIN