HomeMy WebLinkAboutItem 8.5 ROE CmpPrks DBXX CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 10, 1991
SUBJECT:
Right of Entry for Extension of Dublin Boulevard Across
U. S. Army Property
(Prepared by: Richard C. Ambrose, City Manager)
EXHIBITS ATTACHED:
Exhibit 1:
Letters from the U.S. Department of the
Army dated September 18, 1991 and
attachments
Exhibit 2: Draft Resolution.
RECOMMENDATION: dopt Resolution accepting right of entry and authorize
,~/ City Manager to execute right of entry.
FINANCIAL STATEMENT:
This right of entry is granted without charge to
the City.
DESCRIPTION: The County of Alameda, the East Bay Regional Parks
District, and the U. S. Army are in the process of finalizing a land swap
which will result in the conveyance of a 12 acre parcel to the City of
Dublin for the extension of Dublin Boulevard. To date, the County of
Alameda and the East Bay Regional Parks District have approved the land
swap agreement and the final paper work is being processed through the
United States Army.
Since the City is uncertain how long it will take to finalize the land
swap, the City requested a right of entry from the U. S. Army across Army
property for the purpose of extending Dublin Boulevard. The City has
worked with the Army in developing a right of entry and accompanying
conditions which are outlined in Robert E. Silva's letter of September 18,
1991. This right of entry would allow the construction of Dublin Boulevard
in advance of the conveyance of the 12 acre parcel to the City.
On October 9, 1991 the City was notified by the Army that it would like to
have the City approve the right of entry before the October 24, 1991
ceremony which the Army is planning to commemorate the land swap.
It is Staff's recommendation that the City Council add this item its
October 10, 1991 agenda. It is further recommended that the City Council
accept the right of entry and authorize the City Manager to execute the
right of entry letter.
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ITEM NO.
COPIES TO:
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 95814-2922
September 18, 1991
Management & Disposal Branch
SUBJECT- Parks Reserve Forces Trainin9 Area (PRFTA), California;
Extension of Dublin Boulevard
RECEIVED
SEP 2 0 1991
,":JTY r,4
Mr. Richard Ambrose
City Manager
City of Dublin
Post Office Box 2340
Dublin, California 94568
Dear Mr. Ambrose:
This is written in continuation of the joint effort of the City of
Dublin and this District to document early entry by the city and its
agents onto a 12-acre parcel of land which is proposed for conveyance to
the City of Dublin pursuant to Section 2891 of Public Law 100-458. To
that end, we forwarded to the city on June 14, 1991 a letter authorizing
right-of-entry (ROE) onto the lands provided the contents of that letter
were accepted by the city.
We were subsequently contacted on behalf of the city by Ms. Elizabeth
H. Silver of the law firm of Meyers, Nave, Riback and West. In several
discussions with Mr. William Sullivan of this office, Ms. Silver suggested
a change to our first ROE letter which would eliminate any reference to an
interim easement over the parcel which is the subject of both the ROE and
the proposed conveyance. Ms. Silver was also kind enough to prepare and
provide us with a revised version of the ROE.
The revision has been accepted by and executed on behalf of this
District. Accordingly, we enclose the original and a duplicate of the
revised ROE and ask that you now proceed, at your first opportunity, as
set forth in its ~inal paragraph. The ROE letter proposed by this District
on June 14, lg91 is hereby withdrawn.
if you have any questions or comments, please contact Mr. Sullivan by
telephone at (916) 557-687S or by facsimile machine at (916) 557-?855.
Sincerely,
?~'Chief, Real Estate Division
Enclosure
-2-
Copies Furnished: (without enclosure)
CINC, Forces Command (FORSCOM), ATTN: FCEN-CDP, Fort McPherson, Georgia
30330-6000
Commander, 6th U.S. Army and Presidio of San Francisco, ATTN' AFKC-EN,
Presidio of San Francisco, California 94129-7000
Commander, South Pacific Division, ATTN: CESPD-RE-M
Commander, U.S. Army Garrison, ATTN: ASKC-ZM-DEH-EMR, Presidio of San
Francisco, California 94129-5704
Commander, Parks Reserve Forces Training Area, ATTN: AFZM-PRTA, Building
790, Dublin, California 94568-5201
Mr. John Fenstermacher, Chief, Real Estate Division, County of
Alameda, 399 Elmhurst Street, Room 136, Hayward, California 94544
Warden Loy Hayes, Federal Correctional Institution, 5701 Eighth Street,
Dublin, California 94568
City of Pleasanton, North Pleasanton Improvement District,
P.O. Box 520, Pleasanton, California 94566-0802
Mr. Michael Delembo, CH2M Hill, 6425 Christie Avenue, Suite 500,
Emeryville, California 94608
Ms. Elizabeth Silver, c/o Meyers, Nave, Riback & West, Gateway Plaza,
777 Davis Street, Suite 300, San Leandro, California 94577
REPLY TO
ATTENTION OF
DEPARTMENT OF THE ARMY
U.S. ARMY ENGINEER DISTRICT, SACRAMENTO
CORPS OF ENGINEERS
1325 J STREET
SACRAMENTO, CALIFORNIA 95814-2922
September 18, 1991
Hanagement & Disposal Branch
city of Dublin
Department of Engineering/Public Works
Post office Box 2340
Dublin, CA 94568
RE: Parks Reserve Forces Training Area (PRFTA), california;
Right of Entry for Extension of Dublin Boulevard
Gentlemen:
This is written as a follow-up to our memorandum dated June
7, 1991 to U.S. Forces Command (FORSCOM), subject: Parks Reserve
Forces Training Area (PRFTA), California; Entry onto Parcels
Scheduled for Disposal, a copy of which was furnished to Mr. Lee
Thompson, city Engineer. It will also serve to continue recent
conversations between Mr. Thompson and Mr. William Sullivan of
this office pertaining to early entry by the City and its agents
onto a 12-acre parcel of land which is scheduled to be conveyed
to the City of Dublin pursuant to Section 2821 of Public Law
100-458. The 12-acre parcel is described in Exhibit A, attached
hereto.
This District is currently engaged in ongoing conversations
with the East Bay Regional Park District and the County of
Alameda pertaining to a proposed three-way agreement which will
serve to effectuate the provisions of Section 2821. As
discussed, FORSCOM has approved formal correspondence concerning
the conveyance of the 12-acre parcel and the granting of a right
of entry over it for road purposes prior to conveyance of fee
title pursuant to Section 2821.
In view of your urgent necessity, the city of Dublin and its
agents are hereby granted permission to enter upon the
aforementioned 12-acre parcel (described in Exhibit A and
referred to as the ,,subject property") for the purpose of
establishing the right-of-way for the easterly extension of
Dublin Boulevard across PRFTA and constructing said road
substantially as depicted on those certain Layout Sheets Nos. L-1
through L-4 prepared on behalf of the City of Dublin and its
city of Dublin
Department of Engineering/Public Works
September 13, 1991
Page 2
agents by the firm of CH2M Hill, subject to the following:
a. That it is mutually agreed by the parties hereto that
the subject parcel constitutes the 12-acre parcel referred to in
Section 2821 of Public Law 100-456.
b. The right of entry is granted for an indefinite term,
except that it shall terminate as such time as fee title to the
property described in Exhibit may be conveyed to the City of
Dublin. The right of entry is granted without charge to the city
of Dublin.
c. It is mutually understood by and between the Secretary
of the Army and the City of Dublin as follows:
1. This Right-of-Entry is effective only insofar as
the rights of the United States in the subject property are
concerned and the City shall obtain any further permission(s)
necessary on account of any other existing rights.
2. That from the beginning of work within the
right-of-entry area in exercise of the rights herein granted, the
improvements established by the City shall be and remain the
property of the City, which shall thereafter have the
responsibility for their maintenance and, if such is directed
pursuant to subparagraph 3, below, for their removal.
3. That in the event construction of said
improvements is begun but not completed and fee title to the
subject property is not conveyed to the City, the United States
will determine whether title to said improvements will vest in
the United States or whether the improvements shall be removed
and the subject property shall be restored by the City at no cost
to the Government.
4. That in the exercise of the privileges hereby
granted, the city shall not unlawfully pollute the air, ground or
water or create a public nuisance and shall, at no cost to the
United States, promptly comply with present and future Federal,
State and local laws, ordinances or regulations controlling the
quality of the environment. This does not affect the right of
the city to contest their validity or to enjoin their
applicability.
5. That the City shall comply with all applicable
laws, statutes, ordinances and regulations of all competent
city of Dublin
Department of Engineering/Public Works
September 13, 1991
Page 3
public authority having jurisdiction in the premises, pertaining
to the subject property with regard to construction, maintenance,
safety, sanitation, railroad operations, water quality, licenses,
permits, consents and compliances.
6. That all matters of ingress, egress, installation
of any gating and/or fencing (temporary or permanent), contractor
haul routes, disposition of excavated material and excess
construction material, construction activity, and temporary
storage of construction equipment and materials, in connection
with the rights herein granted, shall be coordinated with the
Commander, PRFTA, and that all excavation, construction and
installation shall be accomplished during work periods acceptable
to the Commander, PRFTA.
7. That notwithstanding the provisions of said
legislation, and with respect to the right-of-entry area, work
done by the City and its agents in exercise of the rights herein
granted shall be accomplished without cost or expense to the
United States.
8. That the city's use of the right-of-entry area
shall in no way interfere with Department of the Army activity at
PRFTA or at the United States Army Reserve Center (USARC) on
Dougherty Road, except for any temporary interference during
construction that may be approved by the respective commanders or
their authorized representatives.
9. That USARC property will be kept clear for ingress
and egress at all times and that no construction equipment or
materials will be stored or otherwise left on USARC property.
d. That the City agrees to furnish, for purposes of this
office, "as-built" legal descriptions and reproducible 8 1/2" x
11" or 11" x 17" drawings of the improvements established by the
city on the subject property.
e. Following completion of the road, the city shall at all
times maintain the road in good condition and shall promptly make
all repairs thereto needed to preserve a smooth-surface highway.
f. Any property of the United States damaged or destroyed
by the city, incident to the use and occupation of the subject
property during the existence of this right of entry, shall be
promptly repaired or replaced by the city to the satisfaction of
the United States, or in lieu of such repair or replacement the
city of Dublin
Department of Engineering/Public Works
September 13, 1991
Page 4
Enclosure
City shall, if so required by the United States, pay to the
United States money in an amount sufficient to compensate for the
loss sustained by the United States by reason of damages to or
destruction of property of the United States.
g. The United states shall in no case be liable for any
damages or injuries to the road which may be caused by or result
from any operations undertaken by the United States, and no claim
or right to compensation shall accrue from such damages or
injuries.
h. The United States reserves to itself, during the term
of this right of entry, rights-of-way for all purposes across,
over, and/or under the subject property hereby granted; provided,
however, that such rights shall be used in a manner that will not
create unnecessary interference with the use and enjoyment by the
city of the subject property for roadway purposes.
i. The United States shall not be responsible for damages
to property or injuries to persons which may arise from or be
incident to the construction, maintenance, and use of said road.
This Right-of-Entry will become effective when we receive
the city's unqualified acceptance of the above terms and
conditions. Please indicate such acceptance by having the
appropriate City official sign, date and return the original copy
of this letter. The duplicate copy may be retained for City
records. This office will also require for its records a copy of
a city Resolution which authorizes acceptance of this
Right-of-Entry on behalf of the city.
Sincerely,
"
,; Robert E. Si]va
Actin9 Chief, Real Estate Division
CITY OF DUBLIN
CITY MANAGER
DATED
mnrw\114\t tr\prfta.drf
Copies Furnished:
OINC, Forces Command (FORSCOM), ATTN: FCEN-CDP, Fort McPherson, Georgia
30330-6000
Commander. 6th U.S. Army and Presidio o¢ San Francisco, ATTN: AFKC-EN,
Presidio o¢ San Francisco, California 94129-7000
Commander, South Pacific Bivision? ATTN: CESPD-RE-M
Commander, U.S. Army Garrison, ATTN' ASKC-ZM-DEH-EMR? Presidio of San
Francisco, California 94129-5704
Commander, Parks Reserve Forces Training Area, ATTN' AFZM-PRTA, Building
790, Dublin, California 94568-5201
Mr. John Fenstermacher. Chief. Real Estate Bivision, County
Alameda, 399 Elmhurs( Stree(, Room 136, Hayward, California 94544
Warden Loy Hayes, Federal Correctional Institution, 5701 Eighth Street,
Dublin, California 94568
City o¢ Pleasanton, North Pleasanton Improvement
P.O. Box 520, Pleasanton, California 94566-0802
Mr. Michael Belembo, CH2M Hi~l, 6425 Christie Avenue, Suite 500,
Emeryville? California 94608
Ms. E~izabeth Silver, c/o Meyers, Nave, Riback & West, Gateway Plaza,
777 Davis Street, Suite 300, San Leandro, Oa~ifornia 94577
COUNTY OF AL~MEDA O~SCaIPTIC~
MaD:
APN:
946-!5-I-5 (Pot.)
No. 35i&0
March 22, 1988
Revised November £, !988
Revised March t, !ggO
All t,q~t certain real property situated in the City of Dublin,
County of Alameda, State of California, described as follows:
A strip of land of the uniform width of 150.00 feet, right angle
measurement, being 65.00 f~t on the southerly and southeasterly side and
ing
gS.00 feet on the northerly and northwesteclY side of the follow
described line:
Beginning at the southeastern corner of Lot 5, as said lot is
delineated and so designated on that certain map entitled "Tract 4978"
etc., filed June 5, 1954, in Book 145 of Maps at pages 3 through 5 thereof,
Records of Alameda County, California, and running thence along the
northeastern line of said Lot 5, said line being also the southwestern line
of that certain parcel of land described as Parcel 3 in the deed from
Southern Pacific Transportation Company, a Delaware corporation, to the
County of Alameda, dated November 27, 1985, and recorded December 12, lg~,
as Series No. 85-204889, Official ~ecords of Alameda County, California,
North 46° 29' 26" West (the bearing of said line being taken as
North 46° 29' 26" West for the purpose of making this description), ~9.77
feet to an intersection thereof with a line drawn parallel with the
southern line of said Lot 5, Tract 497B, and distant northerly, 33.50 feet,
No. 35140
Page 2
measured at right angles thereto; Thence along said parallel line and the
d~rect produc'.ion easterly thereof, South 88° 47' 37" East, 148..:8 feet to
a point on the northeastern line of She aforesaid Parcel 3
!as% said point Deing the ACTUAL POZNT OF £OMMENCEMENTI thence continuing
along said line so produced, Souch 88° qT' 37" Easc, 1109.8g feet: thence
leaving said line so produced, easterly and northeasterly on the arc of
curve' to the lefz, :angent to last said course, the radius of which curve
is 2000.00 feet, through a central angle of 38° 2?' 31", a distance on said
arc of 1342.46 feet~ %hence tangent to las~ said curve,
North 5g-~ 44' 52" East, 797.72 fee*. to a poSni: on the center line of former
Coun:y Road No. 72~2, commonly known as Ar~oi'd Road, formerly Oxsen Road,
said point being distant along said center line, South 1° 23~ 25" West,
58g.00 feet from tha: certain point marked by a concrete monument, and
designated as "28" on that certain Record of Survey No. 385, filed October
28, 19~0, in Book 8 of Record of Surveys ~t pages 27 through 29 thereof,
Records of Alameda Counl:y, California.
Containing 12.005 acres, more or less.
The sidelines of said strip of land to be leng:hened or shortened
to extend between said northeastern line of said parcel of land (85-
264889), and sa~d center line of former Coun:y Road No. 7292, as shown on
said Record of Survey No. 385.
'$ :_L'N
~ £~ o N
' ' ' SANTINA
PLA ! TO ACCOMPANY [~'~ ¢~o~,so.',~
RESOLUTION NO.
- 91
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING THE CITY MANAGER TO EXECUTE
A RIGHT OF ENTRY AGREEMENT FOR THE EXTENSION
OF DUBLIN BOULEVARD WITH THE UNITED STATES
DEPARTMENT OF ART4Y
WHEREAS, the United States Army, County of Alameda, and the East
Bay Regional Parks District are in the process of completing a land swap
which will result in the conveyance of a 12 acre parcel of land to the
City of Dublin for the extension of Dublin Boulevard; and
WHEREAS, the City of Dublin has requested a right of entry from
the Department of the Army prior to the conveyance of the 12 acre parcel
of land in order to commence construction of Dublin Boulevard; and
WHEREAS, the United States Army has agreed to grant the City of
Dublin a right of entry onto Army property for this purpose.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Dublin does hereby accept the conditions of the right of entry and
authorizes the City Manager to execute the right of entry on behalf of
the City.
PASSED, APPROVED AND ADOPTED this 10th day of October, 1991.
AYES:
NOES:
ABSENT:
ATTEST:
Vice Mayor
City Clerk
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