HomeMy WebLinkAboutItem 4.07 Alcosta/Davona Easmt~~~~ o~ ~U~~~
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STAFFREPORT CITY CLERK
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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
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Reviewe y
Assistant City Manager
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Page 1 of 2 ITEM NO. .
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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
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RESOLUTION NO. - 10
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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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
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ATTACHMENT I
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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
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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.
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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***
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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
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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
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DELTA LENGTH
90'00'00" 31.42'
90'00'00" 31.42'
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LINE TABLE
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L2 N73'S2'Q4"E 68.00'
L3 N 16'07'S6 "W 50.00'
L4 S73'S2'Q4"W 108.00'
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LEGEND
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Exp. 12/31/2010
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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
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Exhibit B
Plat to Accompany Legal Descript
Construction Easement EXNIBIT ~
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