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HomeMy WebLinkAbout4.10 RecyclH2O DubRanCITY CLERK FILE # 0600-40 AGENDA STATEMENT CITY COUNCIL MEETING DATE: September 5, 2000 SUBJECT: Agreement with DSRSD Regarding Recycled Water Pump Station at Dublin Ranch Phase I Neighborhood Park Report by Diane Lowart, Parks & Community Services Director ATTACHMENTS: RECOMMENDATION: 1 ) Resolution Approving Agreement 2) Agreement ,-AdoptResolution FINANCIAL STATEMENT: None DESCRIPTION: At the April 6, 1999 meeting the City Council approved the schematic design for the Dublin Ranch Phase I Neighborhood Park. Additionally, the Council approved the inclusion of a recycled water pump station in the park and directed Staff to negotiate an agreement with the Dublin San Ramon Services District (DSRSD). Attachment 2 is the agreement between the City and DSRSD that outlines the responsibilities of each party. Generally, the agreement provides that DSRSD will construct, operate, maintain and use the recycled water pump station at a site within the Dublin Ranch Phase I Neighborhood Park. The pump station building will be enlarged to include two restrooms, two drinking fountains and storage room. Upon completion, the District will be responsible for maintenance of the exterior of the building and the City will be responsible for the maintenance, upkeep and repair of the two restrooms, two drinking fountains and storage room. City Staff have worked closely with DSRSD in order to coordinate the placement of the pump station in the park and to ensure that the design of the building is compatible with the park. Staff recommends that the City Council adopt the resolution in Attachment 1 approving the agreement with DSRSD and authorize Mayor to execute same. COPIES TO: DSRSD/MSSH Dublin Development LLC ITEM NO. F:\Capital ProjectsNDBRNCHPKNcc 9-5 dsrsd agrmnt.doc RESOLUTION NO. - 00 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING THE AGREEMENT REGARDING RECYCLED WATER PUMP STATION R20A AT DUBLIN RANCH NEIGHBORHOOD PARK WHEREAS, it is contemplated that the City of Dublin will be the owner of Dublin Ranch Neighborhood Park; and WHEREAS, the schematic design for the park calls for a restroom building to serve the patrons of the park; and WHEREAS, the Dublin San Ramon Services District desires to secure, through conveyances by City, a site within the Dublin Ranch Neighborhood Park for the purpose of constructing, operating, maintaining, and using Recycled Water Pump Station R20A, as well as conveyance of a portion of the property on and/or under said site to install an electrical transformer and pipelines related to the operation of the pump station; and WHEREAS, the City has determined that the Dublin Ranch Neighborhood Park property would be an appropriate site for said pump station and other related improvements; and WHEREAS, the design of the Recycled Water Pump Station K2,0A includes two restrooms, two water fountains and a storage room; and WHEREAS, after completion of the Recycled Water Pump Station R20A the District agrees to grant an easement to City to allow it access to and use of the two restrooms, two water fountains and the storage room in the Pump Station building; and WHEREAS, the Agreement as attached in Exhibit A sets forth the conditions for the construction, operation and maintenance of the Recycled Water Pump Station R20A and appurtenant structures by the Dublin San Ramon Services District on the Dublin Ranch Neighborhood Park. NOW, THEREFORE, BE IT RESOLVED that said Agreement is hereby approved, and the Mayor is hereby authorized by the City Council to execute the contract. PASSED, APPROVED AND ADOPTED this 5th day of September, 2000. AYES: NOES: ABSENT: ABSTAIN: ATTEST: City Clerk Mayor K 2/G/9- 5-00/reso-dsrsd. doc ATTACHMENT 1 AGREEMENT REGARDING RECYCLED WATER PUMP STATION R20A (CIP 99CK591) THIS AGREEMENT, made and entered into this day of 2000, by and between the DUBLIN SAN RAMON SERVICES DISTRICT, a public agency in the counties of Alameda and Contra Costa, California, ("District") and the CITY. OF DUBLIN, a municipal corporation of the State of California ("City"); RECITALS 1. During the time this agreement is in effect, it is contemplated that the City will obtain ownership of that certain real property located in the City of Dublin, County of Alameda, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated by this reference (hereafter referred to as ~'Dublin Ranch Park"). Dublin Ranch Park will be dedicated to the City by MSSH Dublin LLC, the Developer CMSSH") upon completion of 250 units in Dublin Ranch Phase I, an 847 unit development. 2. City has established Ordinance 18-92 establishing water use efficiency for landscaping which requires accommodations for the use of recycled water for new landscape irrigation. 3. District established Ordinance 280 requiring use of recycled water for new irrigation. 4. District has developed a recycled water system to accommodate the recycled water requirement - in areas annexed to the City in support of the water use efficiency ordinance. 5. Recycled Water Pump Station R20A is an approved capital project identified in the District's Capital Improvement Program ("CII°'') Budget under CIP 99CK591 and is needed to serve recycled water to Eastern Dublin. 6. District desires to secure, through conveyances by MSSH and by City, a site within Dublin Ranch Park for the purpose of constructing, operating, maintaining, and using Recycled Water Pump Agreement Regarding Recycled Water Pump Station R20A Page 1 of 10 ATTACHMENT 2 Station R20A, as well as conveyance of a portion of the property on and/or under said site to install an electrical transformer and pipelines related to the operation of the pump station. Additionally, District desires to have vehicle access to said pump station over driveways as needed. 7. City has determined that the Dublin Ranch Park property would be an appropriate site for said pump station and other related improvements. 8. City and District desire to enter into an agreement which sets forth the terms of the project and related conveyances. 9. District and City declare it is their intent to work cooperatively to allow District to maintain and operate Recycled Water Pump Station R20A and the related improvements on the Dublin Ranch Park site. 10. District and City agree that the City may use and have access to the restrooms and storage room on the premises. NOW, THEREFORE, in consideration for the faithful performance of the terms and conditions set forth in this Agreement, the signatory parties agree as follows: 1. Recycled Water Pump Station R20A Project This agreement provides for the construction, operation and maintenance of a recycled water pump station and appurtenant structures by District on the Dublin Ranch Park site under the circumstances specified herein. The recycled water pump station and appurtenant structures shall collectively be referred to as the "Pump Station project." 2. District's Rights and Responsibilities a. The Pump Station project shall be generally located as shown on the diagram attached hereto as Exhibit "B." b. District shall own, maintain and operate the Pump Station building and project. Agreement Regarding Recycled Water Pump Station R20A Page 2 of 10 c. Except as provided in this Agreement, District shall be responsible for paying all costs associated with the planning, design, construction, operation and maintenance of the Pump Station project including but not limited to the construction and installation of electrical lights on the exterior of the Pump Station building, two unisex, handicapped accessible restrooms, two water fountains and a storage room on the Pump Station site including the plumbing and electrical equipment for the restrooms, storage room and water fountains. d. Any general contractor hired by District for construction of the Pump Station project shall be required, under the District's construction contract, to provide and keep current a certificate of Public Liability and Workers Compensation Insurance which names the District, its employees and agents and City, its employees and agents as additional insureds. e. District agrees that it will require any general contractor to coordinate the construction schedule for the project with City prior to commencement of work. f. District will not commence construction of the building until City has approved the plans and specifications relating to the restrooms to be constructed in the Pump Station building. Thereafter, upon approval by City and completion of the building, District agrees to grant an easement to City to allow it access to and use of the two restrooms, the storage room and the two water fountains in the Pump Station building. g. Upon completion of the Pump Station project, District agrees to provide recycled water to City to be used in the restrooms and in the park. h. District shall provide potable water plumbing for the restroom sinks and water fountains to be used by the City and the public. i. District shall provide a separate potable water connection and water meter for the restrooms and storage room and one sewer connection for the pump station and restroom/storage Agreement Regarding Recycled Water Pump Station R20A Page 3 of 10 building. ,5' ~,J j. District shall provide electric lights that will be installed on the exterior of the Pump Station building. k. District shall provide electric lights for the restrooms and for the storage room to be used by the City. 1. District shall be responsible for maintenance of the exterior of the Pump Station building. m. District shall indemnify and hold City, its City Council, member agencies, committees, officers, employees and agents harmless against any and all claims or suits for damages arising from any design, construction and operation of the Pump Station and any maintenance performed by District on the Pump Station excepting such claims or suits for damages or injuries arising from City's own active negligence or willful misconduct. City's Duties a. City agrees to provide District with access to City property known as the Dublin Ranch Park site as shown on Exhibit A for the purposes of operating and maintaining the Pump Station project in accordance with the terms and conditions of this Agreement, provided City obtains title to the property shown on Exhibit A. b. In the event that MSSH et al., prior to MSSH's conveyance of the Dublin Ranch Park site to the City, has not or does not dedicate and/or convey to District all of the property rights necessary for the construction and operation of the Pump Station, driveway access, pipelines and all appurtenances and improvements City agrees to grant and to convey to District by written instrument, the following: (1) An easement to the site identified in Exhibit B and in the form attached as Exhibit C, which is incorporated by reference herein, for the purposes of construction, Agreement Regarding Recycled Water Pump Station R20A Page 4 of 10 maintenance, operation, use, improvement, restoration, replacement and reconstruction of the Pump Station facility and project. (2) An exclusive, permanent easement for pipelines and pipeline access related to the Pump Station project identified in Exhibit B, in the form attached as Exhibit D, which is incorporated by reference herein. (3) A non-exclusive, permanent easement for driveway access to the Pump Station site which is described in Exhibit B, in the form attached as Exhibit E and which is incorporated by reference herein. d. City shall not permit any other person or entity to have access to the storage room. City further agrees that the storage room will only be used for lawful purposes. e. The potable water usage for the restrooms and water fountains will be individually metered and paid by the City. f. The electricity for the restrooms, storage room and water fountains will be individually metered and paid by the City. g. Sewer usage fees and recycled water usage fees, and any other utility fees related to its use of the restrooms, water fountains and storage room, will be paid by the City. h. City shall be fully responsible for paying all costs associated with the maintenance, upkeep and repair of the two restrooms, two water fountains and storage room including but not limited to performing routine cleaning Services and making necessary repairs in a timely manner, as necessary. i. City shall be responsible for the operation and maintenance of the restrooms, storage room and water fountains. j. City shall be fully responsible for paying all costs associated with the maintenance and Agreement Regarding Recycled Water Pump Station R20A Page 5 of 10 upkeep of all landscaping around the Pump Station site. Maintenance and upkeep shall include use of recycled water for irrigation of said landscaping. k. City shall indemnify and hold the District harmless, its Board of Directors, member agencies, committees, officers, employees and agents harmless against any and all claims or suits for damages arising from or alleged to have arisen from any maintenance, use and/or operation of the storage room, two restrooms, two water fountains and landscaping excepting such claims or suits for damages or injuries arising from the District's own active negligence or' willful misconduct. 4. Coordination and Cooperation a. City and District agree to act in good faith to coordinate and cooperate to allow each party full access, use and enjoyment of the property, interests, rights and claims in which they have an interest under this Agreement as set forth herein with the exception of an emergency situation. b. City agrees that that it will not interfere and/or block District's access to the Pump Station building including but not limited to the perimeter of said building, the property set forth in easements for the building, driveway access to said building and the easement for pipelines. c. District agrees that it will not interfere and/or block City's access to the park, area surrounding the Pump Station building, and the restrooms, storage room and water fountains located on the Pump Station grounds. 5. Fees and Charges. All fees related to the recording of the easements described above, including escrow fees, shall be shared equally by City and by District. Title Insurance, if any, shall be paid by District. In the event that, for any reason, City and District do not proceed with the construction as set forth herein, then any Agreement Regarding Recycled Water Pump Station R20A Page 6 of 10 amounts paid into escrow shall be retumed to the parties, together with any interest earned thereon and the City agrees to immediately, upon notice by the District, execute the relevant escrow instructions to this effect. 6. Use of Site for District Purposes. a. The Pump Station site including but not limited to the building, grounds, court yard, and fenced in area shown on Exhibit B and the underground portion of the property described in Exhibit C may only be used by the District, and/or its successors in interest, for the construction, installation, operation and maintenance of the Pump Station and its appurtenances, including but not limited to pipelines, surge tanks, electrical transformers and other items necessary for the operation of the station. Said site may also be used for any uses that are ancillary and/or incidental to the District's functions including but not limited to the construction, installation, operation and maintenance of the Pump Station project as may be carried out on the site. The parties agree that District may operate the pump station without further consent or approval by or from City. 7. Non-Assignability. The District and the City shall not subcontract, assign, sell, mortgage, hypothecate or otherwise transfer its interest or obligations in this Agreement in any manner, without the prior written consent of the other party. 8. Paragraph Headings Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of any such paragraph and shall not be construed to change the meaning thereof. Agreement Regarding Recycled Water Pump Station R20A Page 7 of 10 9. Notices ~ ~ All notices to be given hereunder shall be written, and shall be sent by certified or registered mail, postage prepaid, addressed as follows: TO DISTRICT: General Manager Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 TO CITY: City Manager City of Dublin 100 Civic Plaza Dublin, CA 94568 All writings, notices or communications shall be deemed to be served and shall be deemed to be made within 5 days of the date of mailing of the writing, notice or communication. All writings, notices, and communications shall be addressed and directed as set forth this paragraph. Any change of address by any party must be made by giving written notice of the change to the parties within five days of said change and in the manner as stated herein. 10. Waiver The waiver of any breach of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach either of the same or another provision of this Agreement. 11. No Representations Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no agreement, statement or promise not contained in this Agreement shall be valid or binding. 12. Enforceability If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, Agreement Regarding Recycled Water Pump Station R20A Page 8 of 10 void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 13. Modifications Any modification of this Agreement shall be effective only if it is in writing, signed by the party to be charged, and a copy thereof properly delivered to the party seeking to enforce such modification. 14. Attorney's Fees If any action, proceeding, or litigation is commenced arising out of or relating to this Agreement, or to enforce or collect any judgment or award then the prevailing party shall be entitled to receive, in addition to any other relief that may be granted, the actual amount of attorney's fees, costs, and expenses incurred in the action or proceeding. 15. Jurisdiction The Agreement and the legal relations between the parties shall be governed by and construed in accordance with the laws of the State of California. 16. Dispute Resolution. In the event of a dispute between the parties in the interpretation of any provision of this Agreement or of the performance of either party expressly or impliedly required hereunder, prior to instituting any legal proceeding or action, the party claiming dispute shall notify the other party in writing of the nature of said dispute and request a meeting to confer regarding resolution thereof. Said parties shall meet and confer within ten (10) days of the date of said notice of dispute and shall endeavor in good faith to resolve said dispute by agreement or may provide, by written agreement, for said dispute to be resolved through mediation or binding arbitration. If such agreement, or resolution through mediation, cannot be achieved, the parties may enforce their respective rights, as they shall determine. Agreement Regarding Recycled Water Pump Station R20A Page 9 of 10 17. Amendments; Supplemental Agreements } / eyff ;/ This Agreement may be amended or supplemented by agreements of the parties approved and executed in the same manner as the original agreement. 18. Term of the Agreement This Agreement shall remain in effect indefinitely, unless amended or supplemented per Paragraph 17 above. IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year first written. DUBLIN SAN RAMON SERVICES DISTRICT, a public agency By: Robert Beebe, General Manager ATTEST: Nancy Gamble Hatfield, District Secretary CITY OF DUBLIN, a municipal corporation ATTEST: By: MaWr City Clerk H:\ENGDEPTXCIP\99ck591 - Zone 2 RW Sys\09PROPTYXPS R20A Agmnt 8 2_28 00 comprd.doc Agreement Regarding Recycled Water Pump Station R20A Page 10 of 10 EXHIBIT "A" TO AGREEMENT Oak Bluff Ln. P~J~K 5. ~ oresTaale (;iF. ------ o c~ ~ e Cir. Recorded at the Request of And When Recorded Return To: Dublin San Ramon Service District C/o Lisa D. Wills 7051 Dublin Boulevard Dublin, CA 94568-3018 Space above this line for Recorder's Use Governmental entity acquiring title. Tax exempt effective November 10, 1969 GRANT OF EASEMENT (THE "PUMP STATION R20A SITE EASEMENT") THIS GRANT OF EASEMENT ("Agreement")is made as of the __ day of 2000, by MSSH Dublin Development LLC CGrantor/MSSH") to the DUBLIN SAN RAMON SERVICES DISTRICT CGrantee/DSRSD"). RECITALS A. Grantor MSSH is the owner of certain real property located in the City of Dublin, County of Alameda, State of California, which will be developed as Dublin Ranch Park ("Parcel 2" located on Antone Way in Dublin Ranch). B. Grantee DSRSD desires to acquire certain rights in that part of Parcel 2 as follows: the right to construct, operate, use, install and maintain the Recycled Water Pump Station R20A and appurtenant structures; and Grantee has requested an exclusive easement in, upon, under, over, across, and through that certain portion of Parcel 2, as more particularly described in Exhibit "A," and shown on Exhibit "B", attached hereto and incorporated by this reference (the "Pump Station R20A- Site Easement" and/or "Servient Tenement"). NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee an exclusive easement subject to the terms of this Agreement. 2. Character of Easement. The easement granted in this Agreement is in gross. 3. Descrintion of Easement. The easement granted in this Agreement is an easement for the entire site including but not limited to an easement in, upon, under, over, across, and through the easement area described in Exhibit "A," and shown on Exhibit "B", including the right of ingress and egress, and is for the purpose of installing, operating, using, improving, maintaining, repairing, and replacing the Recycled Water Pump Station R20A. For the purposes of this Agreement, "site purposes" means use for and by the Grantee connected with the use of the Servient Tenement and/or the operation of the Recycled Water Pump Station R20A. Page 1 of 3 EXHIBIT "C" TO AGREEMENT 4. Term. The easement granted in this Agreement shall by for an indefinite term. 5. Exclusive Easement. The Easement granted in this Agreement is exclusive. Grantor shall not grant or assign any other right-of-way or easements in the Servient Tenement provided that Grantor shall have the use of the restrooms, two water fountains and the storage room as provided by the Agreement regarding the Recycled Water Pump Station R20A (CIP 99CK591 ) between the Grantee and the City of Dublin dated ,2000. 6. Maintenance of Easement. Grantee shall maintain the Servient Tenement in good repair, at Grantee's sole cost and expense. 7. Bindin~ Effect and Governin~ Law. The covenants, agreements, and restrictions set forth in this Agreement constitute covenants running with the land and shall be binding upon the parties hereto and their respective heirs, successors, and assigns. This Agreement shall be governed and construed in accordance with the laws of the State of California. 8. Para~ra!~h Iteadin~s. Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of any such paragraph and shall not be construed to change the meaning thereof. 9. Notices. All notices to be given hereunder shall be written, and shall be sent by certified or registered mail, postage prepaid, addressed as follows: TO DISTRICT: General Manager Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 TO DEVELOPER: MSSH Dublin Development LLC 2155 Las Positas Court, Suite T Livermore, CA 94550 All writings, notices or communications shall be deemed to be served and shall be deemed to be made within 5 days of the date of mailing of the writing, notice or communication. All writings, notices, and communications shall be addressed and directed as set forth this paragraph. Any change of address by any party must be made by giving written notice of the change to the parties within five days of said change and in the manner as stated herein. Page 2 of 3 IN WITNESS WHEREOF, the Grantor hereto has executed this Grant of Easement the date and year first written. "GRANTOR":. MSSH Dublin Development LLC By: (Title) Accepted by "GRANTEE": Dublin San Ramon Services District, a public agency By: Robert Beebe, General Manager H:XENGDEPT\CIP\99ck591 - Zone 2 RW SysN09PROPTYXEASEMENTXPSR20A site ease rev8 28 00.doe Page 3 of 3 /9y EXHIBIT "A" PUMP STATION R20A SITE EASEMENT That certain property situated in the State of California,' County of Alameda, City of Dublin, described as follows: Being a portion of Parcel "B" of that certain Tract Map entitled, "Tract 6960", as filed on April, 1999, in Book 242 of Maps, at Pages 85-95, Official Records of Alameda County, California, described as follows: Pump Station R20A Site Easement Commencing at a standard street monument on Antone Way thence North 15° 37' 11" East, 36.19 feet to a point along the northerly right-of-way line of Antone Way, said point also being the most southeasterly point of Parcel "B"; thence along the most easterly line of Parcel "B", North 12° 22' 21" East, 170.17 feet; thence leaving said easterly line of said Parcel "B", North 77° 37' 39" West, 80.00 feet to the Point of Beginning; thence South 63° 30' 26" West, 65.33 feet; thence North 26° 29' 34" West, 68.33 feet; thence North 63° 30' 25" East, 38.12 feet; thence South 71° 29' 34" East, 38.48 feet; thence South 26° 29' 32" East, 41.12 feet to the Point of Beginning. Containing an area of .09+ Acres, more or less. END OF DESCRIPTION Pump Station R20A MMS Job #1951 August 4, 2000 Page 1 of 2 X:\195 I\ADMIN~40804EXHA.DOC EXHIBIT "B" PUMP STATION PROPERTY N C b~'~9'''''SJ's sh ~9:s , POINT OF BEOJNNING ' ~,~, .,, LO · o oo 1 co~ i,, ---F ~ ~ RIGHT-OF-WAY MONUMENT ~ ~ ~ ( TYP, ) ~-,)"' MONUMENT "'"'" "" ~ l L'L") /VT..~,,~NE "" %, ..,. .so, ~ S S87'02'31 "E NT OF OOMMI=NCEMF::~ 7. CONTAINING AN AREA OF .09 ACRES + SCALE: 1'=40' CITY OF DUBLIN COUNTY OF ALAMEDA STATE OF CALIFORNIA · ,t OpTl"I l?.~z SHEET 2 OF 2 MCGILL MARTIN SELF, INC. I500 ~e~ Amn~, SBae 700 W~ C~ek, CA 94598-5180 TeL' 925,988.9188 F=' 925.988,0l~0 8-3-2000 W:\ 195 I\LEGAL1 .DWG Recorded at the Request of and When Recorded Return To: Dublin San Ramon Service District C/o Lisa D. Wills 7051 Dublin Boulevard Dublin, CA 94568-3018 Space above this line for Recorder's Use Governmental entity acquiring title. Tax exempt effective November 10, 1969 GRANT OF EASEMENT (THE "PUMP STATION R20A PIPELINE EASEMENT") THIS GRANT OF EASEMENT ("Agreement") is made as of the ~ day of 2000, by MSSH Dublin Development LLC CGrantor/MSSH") to the DUBLIN SAN RAMON SERVICE~ DISTRICT CGrantee/DSRSD"). RECITALS A. Grantor is the owner of certain real property, located in the City of Dublin, County of Alameda, State of California, which will be developed as Dublin Ranch Park ("Parcel 2" located on Antone Way in Dublin Ranch). B Grantee desires to acquire certain rights in that part of Parcel 2 as follows: access to the underground property located in Dublin Ranch Park to install, maintain and operate pipelines which are necessary for the operation of the Recycled Water Pump Station R20A; and Grantee has requested a non-exclusive easement in, upon, under, over, across, and through that certain and limited portion of Parcel 2, as more particularly described in Exhibit "A," and shown on Exhibit "B", attached hereto and incorporated by this reference (the "Pump Station R20A Pipeline Easement" and/or "Servient Tenement"). NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement in, upon, under, over, across, and through the Servient Tenement described in Exhibit "A," and shown on Exhibit "B", including the right of ingress and egress for the purpose of installing, operating, repairing, replacing, and making improvements to the pipelines of the Recycled Water Pump Station R20A. 2. Character of Easement. The easement granted in this Agreement is appurtenant to the Dominant Tenement. 3. DescriDtion of Easement. The easement granted in this Agreement is an easement for pipelines. For the purposes of this Agreement, "pipeline purposes" means use for and by the Grantee connected with the use of the Servient Tenement and/or the operation of the Recycled Water Pump Station R20A. EXHIBIT "D" TO AGREEMENT Page 1 of 3 4. Term. The easement granted in this Agreement shall by for an indefinite term. 5. Exclusive Easement. The Easement granted in this Agreement is exclusive. Grantor retains no rights to make use of the Servient Tenement and cannot grant concurrent easements in the Servient Tenement. 6. Maintenance of Easement. Grantor shall maintain the surface of the Servient Tenement in good repair, at Grantor's sole cost and expense. Grantee shall be responsible for costs incurred in the maintenance, repair or replacement of the pipelines and restoration of the surface following any such work. 7. Bindina Effect and Governinl~ Law. The covenants, agreements, and restrictions set forth in this Agreement constitute covenants running with the land and shall be binding upon the parties hereto and their respective heirs, successors, and assigns. This Agreement shall be governed and construed in accordance with the laws of the State of California. 8. Paral~ral~h Headings. Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of any such paragraph and shall not be construed to change the meaning thereof. 9. Notices. All notices to be given hereunder shall be written, and shall be sent by certified or registered mail, postage prepaid, addressed as follows: TO DISTRICT: General Manager Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 TO DEVELOPER: MSSH Dublin Development LLC 2155 Las Positas Court, Suite T Livermore, CA 94550 All writings, notices or communications shall be deemed to be served and shall be deemed to be made within 5 days of the date of mailing of the writing, notice or communication. All writings, notices, and communications shall be addressed and directed as set forth this paragraph. Any change of address by any party must be made by giving written notice of the change to the parties within five days of said change and in the manner as stated herein. Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this agreement the date and year first written. "GRANTOR": MSSH Dublin Development LLC By: (Title) Accepted by "GRANTEE": Dublin San Ramon Services District, a public agency By: Robert Beebe, General Manager H:XENGDEPT\CIP\99ck591 - Zone 2 RW SysN09PROPTYXEASEMENTXPipeline easePSR20A rev8 28 00.doc Page 3 of 3 EXHIBIT "A" PUMP STATION R20A PIPELINE EASEMENT That certain property situated in the State of California, County of Alameda, City of Dublin, described as follows: Being a portion of Parcel "B" of that certain Tract Map entitled, "Tract 6960", as filed on April 1999, in Book 242 of Maps, at Pages 85-95, Official Records of Alameda County, California, described as follows: Pump Station R20A Pipeline Easement Commencing at a standard street monument on Antone Way thence North 21 ° 43' 36" West, 42.33 feet to the Point of Beginning, said point also being a point along the northerly right-of-way line of Antone Way, being a point on a non- tangent curve, concave northerly, having a radius of 1664.00 feet, a radial line to said point bears South 10° 25' 48" West; thence leaving said point North 12° 22' 21" East, 47.58 feet; thence North 26° 29' 33" West, 130.31 feet; thence North 63° 30' 26" East, 35.38 feet; thence North 26° 29' 32" West, 41.12 feet; thence South 71° 29' 34" East, 23.14 feet; thence South 26° 29' 32" East, 132.00 feet to a point along the most easterly line of said Parcel "B"; thence along said easterly line South 12° 22' 21" West, 96.93 feet to the most northerly line of said Antone Way, being a point on a non-tangent curve, concave northerly, having a radius of 1664.00 feet, a radial line to said point bears South 09° 32' 29" West; thence westerly along said curve through a central angle of 00° 53' 19", an arc length of 25.80 feet to the Point of Beginning. Containing an area of .20+ Acres, more or less. END OF DESCRIPTION Pump Station R20A MMS Job #1951 August 8, 2000 Page 1 of 2 X:\I951\ADMIN~060808EXHA.DOC -: McGILL MARTIN SELF,; Inc: Civil Engineering Land Planning Surveying -' Community DeVeio~'ment ".-,' Public POii~y' .' ':Finance ' GrOwth' Management ;=..;,. - 1500 Newell Avenue;Suite700 .~W.~alnut Creek, CA (925) 988-9188 N0. 29232 EXHIBIT "B" PERMANENT PIPELINE EASEMENT PROPERTY LINE N26'29'32"W 41.12' PROPOSED PUMP STARON DESCRIBED AREA ~ ~ .~//_RIGHT-OF-WAY MONUMENT ~ ~ (TYP.) ~ ~ ~ MONUMENT"T""""""""'""' LINE POINT OI= O _~, 0 CONTAINING AN AREA OF .20 ACRES + SCALE: 1 "=40' CITY OF DUBLIN COUNTY OF ALAMEDA STATE OF CALIFORNIA MCGILL MARTIN SELF, INC. SHEET 2 OF 2 8-8-2000 W:\ 1951\LEGAL1 .DWG Recorded at the Request of And When Recorded Retum To: Dublin San Ramon Service District C/o Lisa D. Wills 7051 Dublin Boulevard Dublin, CA 94568-3018 Space above this line for Recorder's Use Governmental entity acquiring title. Tax exempt effective November 10, 1969 GRANT OF EASEMENT (THE "PUMP STATION R20A DRIVEWAY EASEMENT") THIS GRANT OF EASEMENT CAgreement")'is made as of the__ day of 2000, by MSSH Dublin Development LLC CGrantor/MSSH") to the DUBLIN SAN RAMON SERVICES DISTRICT CGrantee/DSRSD"). RECITALS A. Grantor MSSH is the owner of certain real property located in the City of Dublin, County of Alameda, State of California, which will be developed as Dublin Ranch Park ("Parcel 2" located on Antone Way in Dublin Ranch). B. Grantee DSRSD desires to acquire certain rights in that part of Parcel 2 as follows: continuous access to the driveway to be located within Dublin Ranch Park, for access to construct, operate, use, install and maintain the Recycled Water Pump Station R20A and appurtenant structures, and has requested a non-exclusive easement in, upon, under, over, across, and through that certain and limited portion of Parcel 2, as more particularly described in Exhibit "A," and shown on Exhibit "B" attached hereto and incorporated by this reference (the "Pump Station R20A Driveway Easement" and/or "Servient Tenement"). NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive easement in, upon, under, over, across, and through' the easement area described in Exhibit "A", and shown on Exhibit "B", including the right of ingress and egress to and from the Recycled Water Pump Station R20A site for the purpose of installation, operation, repair, replacement and making improvements. 2. Character of Easement. The easement granted in this Agreement is appurtenant to the Dominant Tenement. 3. Description of Easement. The easement granted in this Agreement is an easement for driveway purposes only. For the purposes of this Agreement, "driveway purposes" means use for and by moving Page 1 of 3 EXHIBIT "E" TO AGREEMENT vehicular traffic connected with the construction, use, maintenance, operation and/or repairs of the Recycled Water Pump Station R2OA, including the fight of ingress and egress. ,~ 5 ~f,,,Z,,( 4. Term. The easement granted in this Agreement shall be for an indefinite term. 5. Non-exclusive Easement. The Easement granted in this Agreement is non-exclusive. Grantor retains the right to make use of the Servient Tenement, including the right to grant concurrent easements in the Servient Tenement to third parties that do not interfere unreasonably with the Grantee's free use and enjoyment of the access easement. 6. Maintenance of Easement. Grantee shall maintain the Servient Tenement in good repair, at Grantee's sole cost and expense. 7. Bindin~ Effect and Governin~ Law. The covenants, agreements, and restrictions set forth in this Agreement constitute covenants running with the land and shall be binding upon the parties hereto and their respective heirs, successors, and assigns. This Agreement shall be governed and construed in accordance with the laws of the State of California. 8. Paragraph I-Ieadin~s. Paragraph headings as used herein are for convenience only and shall not be deemed to be a part of any such paragraph and shall not be construed to change the meaning thereof. 9. Notices. All notices to be given hereunder shall be written, and shall be sent by certified or registered mail, postage prepaid, addressed as follows: TO DISTRICT: General Manager Dublin San Ramon Services District 7051 Dublin Boulevard Dublin, CA 94568 TO DEVELOPER: MSSH Dublin Development LLC 2155 Las Positas Court, Suite T Livermore, CA 94550 All writings, notices or communications shall be deemed to be served and shall be deemed to be made within 5 days of the date of mailing of the writing, notice or communication. All writings, notices, and communications shall be addressed and directed as set forth this paragraph. Any change of address by any party must be made by giving written notice of the change to the parties within five days of said change and in the manner as stated herein. Page 2 of 3 IN WITNESS WHEREOF, the Grantor hereto has executed this Grant of Easement the date and year first written. "GRANTOR": MSSH Dublin Development LLC By: (Title) Accepted by "GRANTEE": Dublin San Ramon Services District, a public agency By: Robert Beebe, General Manager H:XENGDEPT\CIP\99ck591 - Zone 2 RW SysN09PROPTY%EASEMENTNaccess ease PSR20A rev8 28 00.doc Page 3 of 3 EXHIBIT "A" PUMP STATION R20A DRIVEWAY EASEMENT That certain property situated in the State of California, County of Alameda, City of Dublin, described as follows: Being a portion of Parcel "B" of that certain Tract Map entitled, "Tract 6960", as filed on April 1999, in Book 242 of Maps, at Pages 85-95, Official Records of Alameda County, California, described as follows: Pump Station R20A Driveway Easement Commencing at a standard street monument on Antone Way thence North 21 ° 43' 36" West, 42.33 feet to the Point of Beginning, said point also being a point along the northerly right-of-way line of Antone Way, being a point on a non- tangent curve, concave northerly, having a radius of 1664.00 feet, a radial line to said point bears South 10° 25' 48" West; thence leaving said point North 12° 22' 21" East, 47.58 feet; thence North 26° 29' 33" West, 130.31 feet; thence North 63° 30' 26" East, 35.38 feet; thence North 26° 29' 32" West, 41.12 feet; thence South 71° 29' 34" East, 23.14 feet; thence South 26° 29' 32" East, 132.00 feet to a point along the most easterly line of said Parcel "B"; thence along said easterly line South 12° 22' 21" West, 96.93 feet to the most northerly line of said Antone Way, being a point on a non-tangent curve, concave northerly, having a radius of 1664.00 feet, a radial line to said point bears South 09° 32' 29" West; thence westerly along said curve through a central angle of 00° 53' 19", an arc length of 25.80 feet to the Point of Beginning. Containing an area of .20+ Acres, more or less. END OF DESCRIPTION Pump Station R20A ,~,C~Q~:ES;VO~~~ MMS Job #1951 ~,,~/~ HAL August 8, 2000 ~ ~ Page 1 of 2 X:~1951~ADM~ll10809E~A.D~ ~ N0. ~32 ~ , ~ Communi'~ DePeiopment'~~ .Z':.'~=~ubiiC;Poiicy :~'. :Fina~C~' '~: .;:..= Gro~'~anagem'ent :::?:.' t :' ',. ,: . . . . - EXHIBIT PERMANENT DRIVEWAY EASEMENT PROPERTY LINE ~ N26*29'32"W. 41.1 PROPOSED PUMP STATION DESCRIBED AREA cb I cm z,s") ~ coo-) L~ ~ ~ ~ RIGHT-OF-WAY MONUMENT '~ ~- X//' (TYP.) '-, - MONUMENT"""7""""'"'".,~ ..,,.. ~ (--) O (___,, LINE POINT OF '~' S87'02'51"E POINT OF COMMENCEME~ 7. ~~ CONTAINING AN AREA OF .20 ACRES + SCALE: 1"=40' CITY OF DUBLIN COUNTY OF ALAMEDA STATE OF CALIFORNIA SHEET 2 OF 2 8-9-2000 W:\1951\LEGAL4.DWG