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HomeMy WebLinkAboutReso 82-17 Approving Agreement Long-Term Encroachment Tract 8102, Tassajara Hills RESOLUTION NO. 82 — 17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT FOR LONG-TERM ENCROACHMENT FOR LANDSCAPE FEATURES FOR TRACT 8102, TASSAJARA HILLS WHEREAS, a Vesting Tentative Map for Tract 8102, Tassajara Hills was approved by Planning Commission Resolution No. 12-45 on November 27, 2012 with Conditions of Approval; and WHEREAS, said Conditions of Approval required the developer to construct project-related landscape features within the public rights-of-ways; and WHEREAS, said Conditions of Approval required the developer to enter into an "Agreement for Long-Term Encroachments" for the maintenance of said landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin a Tract Improvement Agreement to construct the required Tract improvements, including said landscape features; and WHEREAS, the developer has executed and filed with the City of Dublin an Agreement for Long Term Encroachment for Landscape Features with Tract 8102, Tassajara Hills, attached hereto as Exhibit A, which will be recorded against the property concurrently with the Tract 8102 Final Map. NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved. BE IT FURTHER RESOLVED that the City Manager is hereby authorized by the City Council to execute the Agreement. BE IT FURTHER RESOLVED that the Clerk of this City Council is hereby directed to transmit said Agreement to the County Recorder for filing. PASSED, APPROVED AND ADOPTED this 20th day of June 2017, by the following vote: AYES: Councilmembers Biddle, Gupta, Hernandez and Mayor Haubert NOES: ABSENT: Councilmember Goel ABSTAIN: T, A k- Ih,,j r-.L& Mayor ATTEST: ��p 4PW___ p,e pl y City Clerk Reso No. 82-17, Adopted 6/20/2017, Item No. 4.12 Page 1 of 1 Recording Requested By: CITY OF DUBLIN When Recorded Mail To: City Clerk City of Dublin 100 Civic Plaza Dublin,CA 94568 Fee Naived per GC 27383 AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 8102 TASSAJARA HILLS PHASE ONE THIS AGREEMENT FOR LONG TERM ENCROACHMENT FOR LANDSCAPE FEATURES WITHIN TRACT 8102,Tassajara Hills Phase One("Agreement")is made between the City of Dublin("City") and Toll CA VIII, L.P.,A California Limited Partnership ("Owner"). 1. Property: The subject property is Tract 8102 as filed in Book_of Maps at Pages , in the Official Records of the County of Alameda, State of California. 2. Developer: Owner is the owner of Tract 8102,Tassajara Hills Phase One ("Project"). 3. Landscape Features: Owner,as part of the Project,anticipates the construction of Project related landscape features within the City's rights of ways on the following streets in Tract 8102: Colton Hills Drive,Oak Ridge Court,Palisades Drive, Rosamond Mills Court, and Tassajara Road,including future landscape improvements on Tassajara Road between Palisades Drive and the Contra Costa County line. Construction details for these Landscape Features are shown on the plans entitled Improvement Plans, Tract 8102—Tassajara Hills (formerly Moller Ranch), Phase UBackbone(Landscaping),prepared by Gates&Associates, Sheets L0.1-L4.2(37 Sheets), and approved by the City Engineer on , 2017,and Improvement Plans, Tassajara Hills—Offsite Plans (Landscaping), prepared by Gates&Associates, Sheets L0.1-L3.10 (_Sheets), and approved by the City Engineer ,2017. The scope of the improvements covered under the agreement is shown on the attached Exhibits A and B, limited to improvements within the five streets listed above. 4. Encroachment Permit: Owners shall apply to the City for an encroachment permit for work to be performed pursuant to this Agreement. The City must grant the encroachment permit for all work to install,operate and maintain the Landscape Features and all the conditions imposed by the City must be consistent 1 with the provisions of this Agreement. If there is a conflict between any provisions of this Agreement and the encroachment permit,the provisions of this Agreement shall prevail over the conditions of the encroachment permit. 5. Ownership: Owners shall own all special Landscape Features, including but not limited to fountains,arches,monuments,etc. 6. Operations and Maintenance: Owners shall maintain and repair all the Landscape Features, including all frontage landscape planting, irrigation, and sidewalks within the designated areas, in a safe manner consistent with the approved plans to the reasonable satisfaction of the City at its sole cost and expense,including electric power and water cost. Owner will be responsible at its sole cost to replace or repair any Landscape Feature damaged or removed during the maintenance or repair of sewer, water,drainage or utility improvements by the City, Dublin San Ramon Service District or utility company, unless such damage or removal is caused by the negligence, gross negligence or willful misconduct of the City, Dublin San Ramon Service District or utility company. The City will maintain at its sole cost all asphalt concrete pavement, concrete curb and gutter, drainage improvements,traffic signs and striping, and streetlights and any other features in the public right of way. 7. Removal or Relocation: If future improvements proposed by the City conflict with any of the Landscape Features,the City may remove or reasonably relocate the Landscape Feature at its sole cost. If any of the Landscape Features are relocated,the City and Owners will execute a modification to this Agreement to reflect the maintenance and operations at its new location. Provided,however,the City is under no obligation to relocate any of the Landscape Features. 8. Insurance: Owners shall obtain and maintain in effect a combined single limit policy of liability insurance not less than one million dollars($1,000,000) covering the Landscape Features improvements and shall name the City as an additional insured. 9. Indemnification: Owners shall indemnify,defend and hold the City harmless from and against any and all loss,claims,liability damage or expense or cost the City may incur or become liable for or for which a claim is made by a third party, due to or arising out of Owner's construction,maintenance or operations of the Landscape Features unless caused by the negligence,gross negligence or willful misconduct of the City, its agents,contractors or employees. 10. Permanent: The Landscape Features and the rights appurtenant thereto as set forth in this Agreement shall exist in perpetuity,and are appurtenant to the Property. 11. Right to Assign: Owners may assign any or all rights,interests and obligations of Owners arising under this Agreement to the Homeowners' Association for 2 Tract 8102 or to a successor in interest of Owners with respect to all or a portion of the Project;provided,however,that no such assignment of Owners' rights interests and obligations under this Agreement shall occur without prior written notice to the City and written approval by the City Manager,which approval shall not be unreasonably withheld,conditioned or delayed. The City Manager shalt consider and decide on any assignment within ten(10)days after Owner's notice thereof,provided all necessary documents and other information are provided to the City Manager to enable the City Manager to assess the assignment. 12. Successors and Assigns: Each reference to the"City" in this Agreement shall be deemed to refer to and include the City and all successors and assigns of City. All references to the"Owner"in this Agreement shall be deemed to refer to and include Toll CA VIII,L.P.,A California Limited Partnership, and all successors and assigns, including but not limited to the Tract 8102 Tassajara Hills Home Owner's Association. 13. Notices: Any notices,requests,demands or other communications required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given on the date of delivery if delivered personalty to the party to whom notice is to be given(including messenger or recognized delivery or courier service)or on the second day after mailing, if mailed to the party to whom notice is to be given,by first-class mail,postage prepaid, and properly addressed as follows: City: City of Dublin 100 Civic Plaza Dublin, California 94568 Fax No. (925)833-6651 Attn: City Manager Owner: Toll.CA VIII,L.P.,A California Limited Partnership 6800 Koll Center Parkway#320 Pleasanton, CA 94566 Attn: Robert D. Moore, Group President 14. Exhibits: All exhibits attached to this Agreement are incorporated herein as though they were set forth in full body of this Agreement. 15. Partial Invalidity. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable,the remainder of the Agreement shall continue in full force and effect and shall in no way be impaired or invalidated, and the parties agree to substitute for the invalid or unenforceable 3 provision a valid and enforceable provision that most closely approximates the intent and economic effect of the invalid or unenforceable provision. 16. Entire Agreement. This Agreement contains the entire agreement and understanding of the parties with respect to the subject matter hereof and cannot be amended or modified except by a written agreement,executed by each of the parties hereto. 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall,for all purposes,be deemed an original and all such counterparts,taken together, shall constitute one and the same instrument. Dated this day of , 2017. CITY: THE CITY OF DUBLIN, a municipal corporation By: Christopher L. Foss City Manager OWNERS: TOLL, VIII,L.P.,A CALIFORNIA LIMITED PARTNERSHIP By: Robert D. Moore Group President 4 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Alameda ) On June 2, 2017 before me, Kristine E. Desrosiers, Notary Public (insert name and title of the officer) personally appeared Robert D. Moore who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. KRISTINNE F.pfSROSIEAS WITNESS my hand and official seal. Notary Public•Ceitornla IL 19-M Alameda County ommisslon#2170165 Comm.Ex Sits Oct 31,2020 Signature 'w':� f. ,r s<. `t ..a` (Seat) r , r '• PALISADES DRIVE 1 2 4 ~ 5 Lu LLS o9rve tz '� 11 12 13 ca 14 p�I EXHIBIT 'A" LONG-TERM ENCROACHMENT AGREEMENT TASSAJARA HILLS LEGEND CITY OF DUBLIN m c CALIFORNIA CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE (AREA- 39,083+SF) 0 100 150 200 MAC�1 Y&SOMPS ENaCERS PLAWERS SLR6VORS SCALE: 1'-150' S1428 FR40IN M PiEkWDN,G 3+$W (un)225-0000 CITY OWNED AND MASTER HOA MAINTAINED WDSCAPE (AREA- 172,433+SF) y amw mwvwatt a�iaM on axw prwcw -- TRACT BOUNDARY PLEASANfON 1 - 150 pt.062017 19569.O1A X SHEET 1 OF a — -- — CATE JOB NO. tW CCL70N HILLS DRTVE 1S 23 24 25 26 8 16 17 za 21 22 z 9 1a 11 12 13 14 15 O FOSAt�Ot40 RT�-S COURT � _ C LL) F^ PALISADES DRIVE F- 27 w 28 z c/) 29 CD 3 2 31 Q1 ny -�m PALISAD S DRIVE p 36 35 34 33 4 37 0 46 39 40 41 43 44 45 a2 w`ti Qz EXHIBIT `A' LONG-TERM ENCROACHMENT AGREEMENT TASSAJARA HILLS LEGEND CITY OF DUBLIN �y/ CALIFORNIA CITY OAVED AND MASTER HOA MAINTAINED SOFTSCAPE (AREA = 39,083+SF) 0 l00 150 200 MAC ■ 4K SOM o S 0.=,r4xFS PLwKkS SU;NV0RS SCALE: 1"-150 5142B rRANKUN DR.PUASAiON,a 0+3aa Wn)22s-Qm CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE (AREA = 172,433+$F) war t soots IS woT RfVONSR"A*Tat axuM.CT oM Cowrrocss.oc MV MODVC19)6 or TRa ooa/.nrt b .W[GC E-no m 0T t"rt OW ruCCTMOMC 1C9a. —`- —^^ TRACT BOUNDARY PLFOS ON 1' - 150' 04.04.2017 19569.olkx SHEET 2 OF 4 OFYt S `— PATE .108 N0. CONTINUED ON SHEET 2 70 gg 68 80 79 78 77 76 75 74 73 72 E2 81 71 Ap PARCEL D 17 OPPfq 18 85 84 83 p�K DRIV 88 87 86 130 161 162 163 164 t 65 90 89 129 131 166 167 Q�pK pglvf, 128 132 1fi0 168 169 N 19 20 91 Co4p�4 118 159 158 170 173 p 171 w 117 127 133 157 156 155 172 Lu 92 116 119 126 134 120 9G T�LAgf 154 69 68 z 95 93 r 115 121 my�` 125 135 136 NIC(DgIVg 153 152 151 150 149 109 FcoA 114 '$t 124 137 138 t39 u1i s 122 140 z 94 108 110 yrf� 113 123((rr .. 141 96 C y 107 S 9f 101 100 99 98 i w ,142x 143 144 147 t48 T 70 O kq 97 r < �� 71 97 rA yll 106 111 103 102 96 '' _ 145 146 CS 9b ' 98 105 3 ,� 99 �9T 105 112 93 100 104 92 91 87 g6 85 101 aPZVE 111 112 113 114 115 116 90 89 88 84 � 102 109 110 117 118 103 p 106 107 108 119 120 D DRIVE 105 121 104 122 123 124 125 126 127 PARCEL E 128 EXHIBIT W LONG-TERM ENCROACHMENT AGREEMENT LEGEND CITY OF DUBLIN TASSAJARA HILLS c CAUFQRNIA CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE (AREA - 39,083*SF) 0 100 150 200 MAWX&SOMPS 04WRS PLANNERS StANE m SCALE 1'-150• $1429 FR"WN K PlASMION.CA 945M (o2s)m-CM CITY 014NED AND MASTER HOA MAINTAINED HARDSCAPE (AREA - 172,433+SF) u�nAr a so-%a war wwo-W roR+ic Atc�r.cr or COWL a or n.s oouwcw w wa QEMCMiLD er on{w9. tel�owc�cw �'— TRACT BOUNDARY PLEASANTON 1* - ISO' 04.04.2017 19569.01AX SHEET 3 OF 4 p u — DATE JOB NO. 1- H / -- W �-•. cl) PARCEL C ~` O 1 2 3 4 5 6 7 8 9 10 1', 12 13 14 15 16 17 18 19 20 21 22 23 24 37 PARCEL H' 38 LU 36 MOUNT DANA DRIVE 25 39 35 4~ 40 <-> 70 69 68 67 66 15 64 63 62 61 60 59 58 57 56 55 54 53 52 51 50 µ9 26 34 41 16 15 6 5 4 3 2 I dw 43 PARCEL Da 8 17 14 13 12 11 10-9 29 31 44 1 �;. CATHEDRAL ROCK NAY S�NrI�yF4 30 4� r ` 46 QOy4 46 29 45 yy1 r , 19 20 21 22 23 24 25 26 27 28 3C 4a 47 } 47 o 31 JQ 48 48 173 172 " 32 ap�P 42 49 151 ; co '34 33 41 50 150 69 68 67 66 65 35 ��� 40 51 749 0 100 150 200 150 149 38 39 52 148 �I SCALE: 1'150' z 64 63 g 62 36 54 148 LEGEND a yr 61 70 55 14� 71 Q,v Ay Qti�� r CITY OWNED AND MASTER HOA MAINTAINED 147 14$ i 72 73 ty 60 57 56 ��J 144 SO TSCAPE (AREA d 39,083+SF) 74 �� 143 75 58 Q�� 142 / CITY OVINED AND MASTER HOA MAINTAINED U $6 95 76 14 HARDSCAPE (AREA - 172,433+SF) $7 84 77 140 — TRACT BOUNDARY 92 13 81 so 78 t3 EXHIBIT 'A' <f��efgT 79 1 / LONG-TERM ENCROACHMENT AGREEMENT PARCEL E tiles 13 TASSAJARA HILLS 128 129 �9IYF 134 r CITY OF DUBLIN AA e CALIFORNIA CE 130 133 111AUCKRY Somps 131 RL F 511423 FS ?LWNCi:A SuNvCtOk$ / 9tt7d FgVMllN Oft.Y{,[AJk'I M.G 440tlS ;9D}22S-OG99 132 Lot—R YNK 6 NOT Mrspow- r 70M TN(b Wl-m GOIMYS[TlC15 or IIp1 owclOM+O/T m 00cumc!7M 1 N4:CCNpu.TW W OTAM Mm C1L`.>MCiN�.wcW PLEASANTON t' - 150' 04.04.20t7 79569.OtAX SHEET 4 OF 4 pFAC%!- — S5� DATE JOB NO. F TASSAJARA HIGHLANDS 1■ R,q ` - t, 1 l�lJ ■ W TASSAJARA HILLS ■ I-' PROJECT BOUNDARY— --- — s W uj ``�.. T ■ _ ULTIMATE TASSAJARA ROAD � c ) UJ Lu � W HJ►L S D r ' W T v v CORP. �' C7 ■ rn ■ \ � r LEGEND CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE (AREA = 17,042±SF) ' ? CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE (AREA = 4,820±SF) TRACT BOUNDARY ksl �11AC�CAV& SOQIPS TASSAJARA ROAD LONG TERM ENCROACHMENT AGREEMENT 0 50 100 200 EXHIBIT B ENGN= PLA140tS SIXtOEYM DUBLIN. 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(925)2n-mo DRAWN BY: CW I JOB NO:19569.01T.x I DATE: 05-26-2017 SCALE: 1 =100' SHEET 2 of 3 05-26-2017 5:11pm Kan Reed P:\19569\PLANWNG\EI(H-B_TPSS ROAD-LONG TERM ENCROACHMENT-LL?TER-BW.DWC ° 1 ■ p �(O z TASSAJARA HILLS UOtQ PROJECT BOUNDARY < N r � W° W■ `\ n ° 7C LJ,J r ULTIMATE TASSAJARA ROAD t s t ULTIMATE TASSAJARA ROAD ■ TASSAJARA HILLS LEGEND CITY OWNED AND MASTER HOA MAINTAINED SOFTSCAPE (AREA = 17,042±SF) CITY OWNED AND MASTER HOA MAINTAINED HARDSCAPE (AREA = 4,820_±SF) TRACT BOUNDARY � Y �o�� LONG T TERM ENCROACHMENT O AGREEMENT 0 50 100 200 EXHIBIT B OCNEM PLWNM t SU�6RS DUBLIN. CALIFORNIA DRAWN BY: CW I JOB NO:19569.01T.x I DATE: 05-26-2017 SCALE: 1"=100' SHEET 3 of 3 05-26-2017 5:12pm Wim Read P:\19569\PIANNINC\EXH-8_TASS ROAD-LONG TERRA ENCROACHMENT-LETTER-BW.OWC