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Home My WebLink About4.06 AcceptStormDrainEaseCITY CLERK File # ❑13120-�❑i� AGENDA STATEMENT CITY COUNCIL MEETING DATE: October 20, 1998 SUBJECT: Recission of Rejection and Acceptance of Storm Drainage Easement, Tract 4077 (11553 and 11565 Padre Way) and Acceptance of Maintenance Easements Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution Rescinding Rejection and Accepting Easement 2) Copy of Tract 4077 Final Map Page Showing Easement 3) Maps of drainage details RECOMMENDATION: 1) Adopt resolution rescinding rejection and accepting Easement 2) Direct Staff to record the City's acceptance of the easement with the County Recorder once documents have been received from the owner of 11565 Padre allowing for access and floodway. 3) Direct Staff to develop a project to add trash barriers upstream and to contact the Nielsen family regarding an easement for access, installation, and maintenance of upstream trash barriers. FINANCIAL STATEMENT: The City has been removing debris from the headwall at this location on an emergency basis in the past. The City will incur additional costs associated with routine maintenance of the headwall trash backup. In addition, it is anticipated that additional trash racks will be needed upstream. The cost of the additional trash racks is unknown at this time. DESCRIPTION: The Final Map for Tract 4077 was originally approved by Alameda County in 1980, at which time the streets in the Tract were accepted by the County as public streets, but the easements that were offered for dedication, including storm drainage easements, were rejected. The City of Dublin's adopted policy with regard to storm drainage on private property is that the City will maintain drainage improvements that receive water from public streets or other public property. COPIES TO: Larry & Lenore Wright, 11565 Padre Wy. John & Barbara Tapper, 11553 Padre Wy. ITEM NO. . 4* gAagenmisc\sdease ;I When Tract 4077 was originally constructed, the storm drainage structure installed on the properties at . 11553 and 11565 Padre Way received water only from the Nielsen property. The Images development (Tract 5074), which was constructed at a later date, does drain a pipe into the natural area still owned by the Nielsens, which in turn drains into the 48" headwall located on the properties at 11553 and 11565 Padre Way. Therefore, this structure now meets the criterion for City maintenance. A floodway was installed in the back yard of the property at 11565 Padre Way by the original developer to allow a bypass for storm water should the headwall become blocked. This condition has occurred three or four times since the pipe was installed, and has occurred under extremely heavy rains, which cause wood and debris from the open space to pile up on the trash rack in front of the storm drain opening. It may therefore be prudent to explore the installation of additional trash racks further upstream in order to preclude the bulk of the debris from settling on the PadreWay trash rack. It would be necessary to obtain an easement from the Nielsens to install and maintain these structures on their property. Since the County originally rejected this easement, the rejection must be rescinded before the easement can be accepted. The attached resolution, Exhibit 1, includes a recission of the rejection as well as acceptance of the easement. Assuming the City Council approves acceptance of this storm easement, the City Attorney will prepare legal documents for the property owner's signature to allow the City to access the headwall through the subject property, as well as to allow storm overflows at the headwall to pass through a floodway through the homeowner's rear yard. Staff recommends that the City Council adopt the resolution, direct Staff to record the acceptance of easement once the property owner has signed the legal documents, and direct Staff to look into establishing a Capital Improvement Project to install . additional upstream drainage and trash barriers. . Page 2 ~ RESOLUTION NO. :. 98 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * RECISSION OF REJECTION OF OFFER OF DEDICATION OF STOR1\1 DRAIN EASEMENT ACROSS LOTS 1 AND 2 OF BLOCK B OF TRACT 4077 AND ACCEPTANCE OF OFFER OF DEDICATION WHEREAS, by Resolution No. 187478 adopted June 17, 1980, the Alameda County Board of Superyisors rejected the offer of dedication of Storm Drain Easements (S.D.E.' s) in Tract 4077, shown on that certain map entitled "Tract 4077" filed June 20, 1980, in Book 118 of Maps at Pages 75 through 79 thereof, records of Alameda County, California; and " WHEREAS, Tract 4077 is now within the corporate limits of the City of Dublin; and WHEREAS, the hereinafter described Storm Drain Easement as shown on said map is required for maintenance of a drainage facility located on Lots 1 and 2 of Block B of Tract 4077; NOW, THEREFORE, BE IT RESOLVED pursuant to the authority of Section 66477.2(a) of the Government Code of the State of California, that the City Council of the City of Dublin hereby rescinds the previous rejection of the offer of dedication of that certain Storm Drain Easement across Lots 1 and 2 of Block B of Tract 4077. . BE IT FURTHER RESOLVED that the offer of dedication made by the Gregory Group, Inc., a California Corporation, dated June 5, 1980, on the aforesaid map of Tract 4077 be, and the same is hereby accepted as to the hereinabove described portion therefore only; and BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause a certified copy of this Resolution to be recorded at the office of the Recorder of Alameda County. PASSED, APPROVED AND ADOPTED this 20th day of October, 1998. AYES: NOES: ABSENT: ABST AIN: Mayor ATTEST: . City Clerk g:\agenmisc\resosd "TI" C' I~ o~N.T fl, ! A H,~1r;i J ----='-..".,.. t' ~~ c~ '\. ..... ~ w<: tJ !;J :J,J ~:::'J ~t:J ~l't f'l'J ~~ ()""i ~~))..\ ~ f~ ~l 5..tb~ea- f.~.: ~ E:aEe'{Y)~ . ~ ~ .. .. '. . . ~ t ~.. .~~ :~~ ~~ ~~ $::)5" }~ 'Co .... ~ \ ~ ~ ,:-' ..:.....: ." .' - , . " . . .J ~'.'.' -. ," ~ :....: .. '.~' ,:".-. ~. 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