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HomeMy WebLinkAboutItem 4.07 Alcosta/Davona Easmt~~~~ o~ ~U~~~ ~9~ ~'~~h az ``~'~`~// \ ~~~~~ ~~l STAFFREPORT CITY CLERK ~uB~irv cirY co~rvci~ F~~e # ^~~~-~~ DATE: August 17, 2010 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager SUBJEC : Easement Agreement with City of San Ramon for the Alcosta Boulevard / Davona Drive Intersection Prepared By: Jaimee Bourgeois, Senior Civil Engineer (Traffic) EXECUTIVE SUMMARY: The City of San Ramon has secured grant funding under the Highway Safety Improvement Program (HSIP) for vehicular and pedestrian traffic safety improvements at the intersection of Alcosta Boulevard and Davona Drive. Prior to construction, an easement agreement needs to be executed to provide City of San Ramon with installation, operation and maintenance rights. This item seeks City Council approval of an Easement Agreement with City of San Ramon and authorization for the City Manager to execute the agreement. FINANCIAL IMPACT: There is no financial impact to the City of Dublin associated with this item. RECOMMENDATION: Adopt the Resolution approving the Agreement and authorizing the City Manager to execute the Agreement with the City of San Ramon. Submitted By Public Works Director ~ Reviewe y Assistant City Manager . Page 1 of 2 ITEM NO. . ~L DESCRIPTION: The City of San Ramon has secured grant funding under the Highway Safety Improvement Program (HSIP) for vehicular and pedestrian traffic safety improvements at the intersection of Alcosta Boulevard and Davona Drive (the "Project"). The Project consists of installing overhead mast arm poles and emergency vehicle detection for the northbound and southbound approaches, replacing and adding traffic signs, replacing curb ramps for compliance with the American with Disabilities Act, modifying the existing median nose that extends into the crosswalk on Alcosta Boulevard, installing a pedestrian push button post on the northwest corner on the intersection, and installing an antenna to allow for communication and coordination with adjacent traffic signals. Design of the improvements is underway. The City Limit between San Ramon and Dublin runs approximately 5 feet behind the sidewalk on the south side of Alcosta Boulevard. A portion of the curb ramps on the south side of the intersection and the signal system on the south leg of Davona Drive are within City of Dublin right-of-way; therefore, the grant program requires that an encroachment agreement between City of San Ramon and City of Dublin be in place prior to construction. There was a maintenance agreement executed in 1982 between Contra Costa County (prior to the incorporation of City of San Ramon) and City of Dublin; however, it is outdated. Therefore, a new agreement has been drafted. The agreement generally states that City of San Ramon is authorized to install the upgraded signal system, street lighting and curb ramp facilities. Furthermore, City of San Ramon would operate and maintain the complete signal and street lighting systems (both within City of San Ramon and City of Dublin right-of-way), as well as the curb ramp facilities located within City of San Ramon. City of Dublin would be responsible for maintenance of the curb ramp facilities within City of Dublin. City of Dublin will have the opportunity to inspect the final improvements prior to acceptance. NOTICING REQUIREMENTS/PUBLIC OUTREACH: None required. cc: Peter Phoon, City of San Ramon ATTACHMENT: 1. Resolution approving the Agreement between City of Dublin and City of San Ramon, together with Exhibit A, the Agreement, and authorizing the City Manager to execute the Agreement G:\TRANSPORTATION~Regional\San Ramon Easement Agreement\staff rpt SanRamon_EasementAgreement_Alcosta-Davona_081710.doc Page 2 of 2 l ~ ~ 7 RESOLUTION NO. - 10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *********** APPROVING EASEMENT AGREEMENT FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF AN UPGRADED TRAFFIC SIGNAL SYSTEM, HIGHWAY LIGHTING AND CURB RAMP FACILITIES AT THE INTERSECTION OF DAVONA DRIVE AND ALCOSTA BOULEVARD BETWEEN CITY OF SAN RAMON AND CITY OF DUBLIN AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, City of San Ramon currently operates and maintains the traffic signal system at the intersection of Davona Drive and Alcosta Boulevard (the "Intersection"); and WHEREAS, City of San Ramon has received a Highway Safety Improvement Program (HSIP) grant to complete vehicular and pedestrian safety improvements at the Intersection; and WHEREAS, the existing maintenance agreement between City of Dublin and Contra Costa County executed in 1982 is outdated and does not provide for encroachment for new upgrades; and WHEREAS, a new agreement needs to be established to define encroachment, operations and maintenance responsibilities. NOW, THEREFORE, the City Council of the City of Dublin does hereby approve the Easement Agreement for the Installation, Operation, and Maintenance of an Upgraded Traffic Signal System, Highway Lighting and Curb Ramp Facilities at the Intersection of Davona Drive and Alcosta Boulevard between City of San Ramon and City of Dublin (the "Agreement"), attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 17th day of August, 2010, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor ~~ ~ ~ -+ 7' Ir~ ATTACHMENT I ~ ~ , ~ ~ EASEMENT AGREEMENT FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF AN UPGRADED TRAFFIC SIGNAL SYSTEM, HIGHWAY LIGHTING AND CURB RAMP FACILITIES AT THE INTERSECTION OF DAVONA DRIVE AND ALCOSTA BOULEVARD This is an Easement Agreement by and between the City of Dublin, a municipal corporation, hereinafter referred to as "Dublin" and the City of San Ramon, a municipal corporation, hereinafter referred to as "San Ramon". WITNESSETH: ~ WHEREAS, the intersection of Davona Drive and Alcosta Boulevard ("Intersection") is located in part within the Cities of Dublin and San Ramon; and WHEREAS, an existing traffic signal system, highway lighting and curb ramp facilities are in service at that Intersection; and ~ WHEREAS, San Ramon desires to upgrade the traffic signal system, highway lighting and curb ramp facilities at that Intersection; and WHEREAS, Dublin desires to permit San Ramon to upgrade the traffic signal system, highway lighting and curb ramp facilities at that Intersection. NOW, THEREFORE, based on the foregoing mutual understandings, Dublin and San Ramon agree as follows: 1. Grant of an Easement. Dublin hereby grants permission to San Ramon, its authorized agents and contractors, and San Ramon accepts from Dublin, an easement for installation, operation, and maintenance of an upgraded traffic signal system, highway lighting and curb ramp facilities ("Improvements") for the benefit of Dublin, San Ramon and the general public ("Easement"). The area of the Easement is described and depicted in Exhibit "A" and "B" attached hereto and incorporated herein by reference. 2. Resnonsibilities of San Ramon a. San Ramon shall be responsible for the construction and installation of and all of the costs associated with said construction and installation of the Improvements at the Intersection. Such costs include, but are not limited to, design, construction, construction administration and inspection of the Improvements. b. Upon completion of the Improvements and inspection and acceptance of the Improvements by Dublin, San Ramon shall bear all responsibility for and pay all costs related to the operation or maintenance of, improvements to, or 1 ExHiBiT a ____ T., a~,.. n---'• •~'--- ,~ b 7 ~ replacement of the traffic signal system and/or the highway lighting at the Intersection. c. Upon completion of the Improvements and inspection and acceptance of the Improvements by Dublin, San Ramon shall bear all responsibility for and pay all costs related to any improvements to, the maintenance of, or replacement of the curb ramp facilities in the Easement area located within the boundaries of the City of San Ramon. 3. Resnonsibilities of Dublin a. Upon completion of the Improvements by San Ramon, Dublin shall inspect such Improvements and accept the Improvements as complete and provide written notice of such acceptance within ten (10) days of inspection to San Ramon. Such acceptance shall not be unreasonably withheld. b. Upon acceptance of the Improvements as complete, Dublin shall bear all responsibility for and pay all costs related to any improvements to, the maintenance of, or replacement of the curb ramp facilities, sidewalks and streets in the Easement area located within the boundaries of the City of Dublin. 4• Qualitv of Maintenance San Ramon shall construct and install the traffic signal system, highway lighting and curb ramp facilities at the Intersection, and maintain such traffic signal system, highway lighting at the Intersection and the curb ramp facilities in the Easement area located within the boundaries of the City of San Ramon for such period of time as Davona Drive and Alcosta Boulevard continue to be used as public streets, at a level equal to that provided to the other traffic signal systems, highway lighting and curb ramp facilities within the boundaries of the City of San Ramon. San Ramon agrees to maintain said traffic signal system, lighting and curb ramp facilities in a safe manner by use of either its own personnel and equipment or by contracting for such maintenance. 5. Arbitration. The parties will make a good faith effort to settle any controversy, claim or dispute arising out of or relating to this Easement Agreement within thirty (30) days. If the issue is not resolved within that time, it shall be resolved by the American Arbitration Association. Judgment upon arbitration hereunder may be joined or consolidated with any other arbitration matter between the parties as the interest of justice and judicial economy may dictate. The prevailing party in any arbitration hereunder shall be entitled to recover all arbitration and legal expenses incurred. 2 ~~~ 6. Indemnification. a. San Ramon shall indemnify, defend, and hold harmless Dublin, its officials, officers, employees and agents from and against any and all claims, demands, causes of action, liability, loss, costs, expenses, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to San Ramon's negligence or willful misconduct arising out of San Ramon's Responsibilities as set forth in Sections 2(a), (b) and (c) above, including, without limitation, all consequential damages, attorneys' fees and legal expenses incurred in the defense of any such claim. b. Dublin shall indemnify, defend, and hold harmless San Ramon, its officials, officers, employees and agents from and against any and all claims, demands, causes of action, liability, loss, costs, expenses, damage or injury, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or relating to Dublin's negligence or willful misconduct arising out of Dublin's Responsibilities as set forth in Section 3(b) above, including, without limitation, all consequential damages, attorneys' fees and legal expenses incurred in the defense of any such claim. 7. General Provisions. a. Controlling Law. The interpretation and perforinance of this Easement Agreement shall be governed by the laws of the State of California. Venue shall be in Contra Costa County. b. Attorneys' Fees. If any legal action, arbitration or other proceeding is brought to enforce this Easement Agreement, or because of any alleged dispute, breach, default or lnisrepresentation in connection with this Easement Agreement, the prevailing party shall be entitled to recover actual attorneys' fees and other costs it incurs in that action or proceeding, in addition to any other relief to which it may be entitled. c. Severability. If any provision of this Easement Agreement, or the application thereof to any person or circumstance, is found to be invalid, the remainder of the provisions of this Easement Agreement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. d. Successors. This Easement Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors and assigns. ***SIGNATURES ON NEXT PAGE*** 3 ,~ ~ / IN WITNESS WHEREOF the parties have executed this Easement Agreement on the dates indicated below, the latest of which shall be deemed the effective date of this Easement Agreement. City of San Ramon City of Dublin A Municipal Corporation ("San Ramon") A Municipal Corporation ("Dublin") H. Abram Wilson, Mayor Date APPROVED AS TO FORM: Sheryl Schaffner Date City Attorney ATTEST: Patricia Edwards Date City Clerk Joni Pattillo, City Manager Date APPROVED AS TO FORM: John Bakker City Attorney ATTEST: Date Caroline P. Soto Date City Clerk 4 ~ / ~ `' { ~ I January 27, 2010 Job 110-020 Exhibit A Legal Descriprion-Construction Easement Real properry situated in the City of Dublin, Alameda County, California described as follows: Being a portion of the public right of way described as Davona Drive as shown on Tract 2289, filed on July Z0, 1962 for record in Book 45 of Maps at page 54, Alameda Counry Records, and being more particularly described as follows: Commencing at the northwestern corner of Lot 28 of Tract 4415, filed February 26, 1987, in book 167 of Maps at page 71; thence from said corner along the northern line of said Lot 28, said Iine also being the southern right of way line of Alcosta Boulevard and the common line between the Ciry of San Ramon and the City of Dublin, North 73°52'04" East 277.54 feet to the true Point Of Beginning; thence leaving said common line southerly along the arc of a 20 foot radius curve concave southwesterly, along the eastern line of said Lot 28 and the wesrern right of way line of Davona Drive, through a central angle of 90°00'00", an arc length of 31.42 feet; thence South 16°07'S6" East 50.00 feet; thence leaving the western right of way line of Davona Drive North 73°52'04" East 68.00 feet to a point on the eastern right of way line of Davona Drive; thence northerly along the eastern right of way line of Davona Drive North 16°OT56" West 50.00 feet; thence easterly along the arc of a 20 foot radius curve concave southeasterly, through a central angle of 90°00'00" an arc length of 31.42 feet to a point of cusp lying on the aforementioned common line between the City of San Ramon and the Ciry of Dublin also being the southern right of way of Alcosta Boulevard; thence westerly along said common line South 73°52'04" West 108.00 feet to the POINT OF BEGINNING. Contaitung 0.11 acres, more or less. The above legal description was prepared by: Kenneth P. Moore PLS-4918 License Expires 12/31/10 EXIIIBIT T., +h,. n~...._.~_._~ ~~ ~11 rD~7r'1 ~JJ~ ~~~~RJ C J7 Y Jr Sr1~~J F~r>>~iJ ~~~~ POC N 73'S2'04 "E 77.54'P0~ C 17 `t Jr D J~L ~~~J ~ J7 ~~ I p r ~:3 ~ > ~ J~J~ ~ ~ ~ J ~ 1~1~ ~ ~ DELTA LENGTH 90'00'00" 31.42' 90'00'00" 31.42' /O ~ ii LINE TABLE L~ 5~6~~7~J6"E SO.VQ~ L2 N73'S2'Q4"E 68.00' L3 N 16'07'S6 "W 50.00' L4 S73'S2'Q4"W 108.00' ~ a ~ 0 0 ~ 3 ~ 0 N 0 0 ~ ~ ~ 0 ~ Q 0 0 0 C 0 E m ~ ~ ~ ~ 0 ~ LL CURVE TABLE CURVE RADIUS C 1 20.00' C2 20.0~' LEGEND 0 0 ^~WILSEY ^~HAM ,. ~_AND c. *'" No. 4918 ~ Exp. 12/31/2010 C~..~ EXISTING ~RON P(PE EXISTfNG MONIMENT EASEMENT LINE RIGHT OF WAY LOT LINE MONUTMENT L-NE LD7 2c3 1 ~ 7 ~~~J 71 ~ v UQ ~ ~ / ~ I r~l I r JJ Cr~ S,~ ~ .~. ~ L4 - ~ I r' J I ~~ ~~ I ~ "~I j t`~ .i L2 _ :, c~~ t~ ~I~ LL~ ~ ~ ~ ~~ I .._~o , ~ , I ~~~ ~ ~ ~ i? ~ Z ~~ ~ ~I w ;~ m ~~ ~ ~ o z' N N Q m :; ~~ t~~ ~~ ~ ~ ; ~' t~~ ~ I -~ ;; , ~ I ~1 ~ :, ~ L~~ ~~ ;~ % ~`~t~ I -~ ~i ~ ENGINEERING ^ PLANNING ^ SLIRVEYING 5000 Executive Parkway, Suite 550, San Ramon, CA 94583 925/275-9770 Fax: 925/275-9777 ALCOSTA/DAVONA TRAFFIC SIGNAL IMPROVEMENTS sheet City of San Ramon 1 ~~ , Exhibit B Plat to Accompany Legal Descript Construction Easement EXNIBIT ~ ~~~