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Home My WebLink About4.11 DSRSD Easement Amend DIB STAFF REPORT CITY CLERK �, �,�� CITY COUNCIL File # 491 0- 4D DATE: July 16, 2013 TO: Honorable Mayor and City Councilmembers FROM: Joni Pattillo, City Manager ;\ -,: r. -f:t SUBJECT: DSRSD Easement Amendment Prepared by Roger Bradley, Assistant to the City Manager EXECUTIVE SUMMARY: The City Council will consider an amendment to the current easement granted to the Dublin San Ramon Services District (DSRSD) for a waterline continuing from the Civic Center through the parking lot to the Dublin Library. The amendment allows the City to build improvements within the easement area. FINANCIAL IMPACT: No fiscal impact to approve the Easement Amendment. Should DSRSD need to access the easement area, the City would have to pay to remove and reinstall the improvements. RECOMMENDATION: Staff recommends that the City Council adopt the Resolution Amending the Grant of Easement to Dublin San Ramon Services District, Easement Document Number 2005176359. �r Submitted By Reviewed By Assistant to the City Manager Assistant City Manager DESCRIPTION: In 2001, the City of Dublin granted a 15-foot Easement to DSRSD to run a waterline through the Civic Center parking lot to the then to-be-completed Dublin Library. This waterline is the Library's sole supplier of water to the facility. As work began on the installation of the Solar Structures planned as part of the City's Energy Upgrade Capital Project, Staff became aware that there would be a need to amend the easement language to allow for the solar array improvements to be installed over and within the easement area. DSRSD has agreed to allow the City to build the improvements over and within the easement area, provided that the City will, at its own cost, remove any array components installed within the easement area, should DSRSD need to conduct maintenance or repairs of the waterline in the future. Page 1 of 2 ITEM NO. 4.11 6-1 Staff believes that the risk to the City is low that it is unlikely that any emergency maintenance or repairs will be needed in the exact locations where the arrays have been installed; however, improvements have been installed no closer than five feet horizontally from the waterline, allowing room for DSRSD to work on the waterline if necessary. Additionally, Staff has included within the Fiscal Year 2013 -2014 Budget a contingency to remove any components overhanging the easement area of the arrays should DSRSD need to conduct any repairs to the waterline. Such contingency will be budgeted annually should, in any given year, DSRSD need access to the easement area impacted by the City improvements. The arrays can be easily unbolted and removed and reinstalled by a crane, allowing DSRSD access to its waterline. The amended easement is included for City Council consideration as Exhibit 1 to Attachment 1. NOTICING REQUIREMENTS /PUBLIC OUTREACH: None. ATTACHMENTS: 1. Resolution Amending the Grant of Easement to Dublin San Ramon Services District, Easement Document Number 2005176359 Page 2 of 2 RESOLUTION NO. XX - 13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * ** AMENDING THE GRANT OF EASEMENT TO DUBLIN SAN RAMON SERVICES DISTRICT EASEMENT, DOCUMENT NUMBER 2005176359 WHEREAS, the City of Dublin ( "City ") has granted on July 18, 2001 Easement Document Number 2005176359 to Dublin San Ramon Services District ( "DSRSD ") to construct a waterline through the Civic Center parking lot at 100 Civic Plaza to the Dublin Library at 200 Civic Plaza and as described within the Easement; and WHEREAS, the City desires to build solar array structures (the "Improvements ") within the Civic Center parking lot, portions of which will encroach upon the Easement area granted to DSRSD; and WHEREAS, the City and DSRSD have agreed to an amendment to the Easement whereby the City may, if it finds it necessary to do so, place Improvements over the area of the Easement provided that the City agrees to bear the cost of removing and reinstalling any such Improvements in the event that DSRSD determines such removal is necessary in order to access its facilities located within the area of the Easement. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the First Amendment to the Grant of Easement attached hereto as Exhibit A. BE IT FURTHER RESOLVED that the City Council of the City of Dublin hereby authorizes the City Manager to execute the First Amendment to the Easement. PASSED, APPROVED AND ADOPTED this 16th day of July, 2013, by the following vote: AYES- NOES- ABSENT- ABSTAIN- ATTEST- City Clerk Mayor ATTACHMENT 1 RECORDING REQUESTED BY AND RETURN TO: Dublin San Ramon Services District 7051 Dublin Blvd. Dublin, CA 94568 Free recording per Government Code Section 6103 FIRST AMENDMENT TO GRANT OF EASEMENT (Dublin) The City of Dublin ( "GRANTOR ") and the Dublin San Ramon Services District ( "GRANTEE "), agree as follows: Recitals A. GRANTOR is the owner in fee simple of certain real property located in Alameda County described in "Exhibit A" attached hereto and incorporated by this reference. B. In 2001, GRANTOR conveyed an easement to GRANTEE covering a portion of the property identified in Exhibit A, which instrument was recorded by the Alameda County Recorder on May 4, 2005 as document number 2005176359 (the "Easement "). C. Since 2001, GRANTEE has constructed a waterline within the Easement area. D. GRANTOR and GRANTEE have agreed to an amendment to the Easement whereby GRANTOR may, if it finds it necessary to do so, place improvements over the area of the Easement provided that GRANTOR agrees to bear the cost of removing and reinstalling any such improvements in the event that GRANTEE determines such removal is necessary in order to access its facilities located within the area of the Easement. THEREFORE, in consideration of the foregoing recitations and other valuable consideration, receipt for which is hereby acknowledged, GRANTOR and GRANTEE agree as follows: Exhibit 1 1. A new paragraph is hereby inserted into the Easement to read as follows in its entirety: Notwithstanding anything to the contrary contained herein, GRANTOR may build or erect a structure or improvement over the easement herein granted, provided that no below -grade or at -grade portion of such structure or improvement shall be placed within five feet (5'), measured horizontally, of the footprint of the waterline installed within the easement area by DUBLIN SAN RAMON SERVICES DISTRICT. DUBLIN SAN RAMON SERVICES DISTRICT shall make reasonable efforts to conduct any maintenance, repair or replacement activities relating to said waterline in a manner that will avoid the need to remove any structure or improvement built or erected by GRANTOR over the easement herein granted. In the event that removal of such structure or improvement is necessary, GRANTOR shall bear the cost of removing and reinstalling any such structure or improvement. IN WITNESS WHEREOF, GRANTOR and GRANTEE have executed this Amendment this day of , 2013. GRANTOR: CITY OF DUBLIN City Manager, City of Dublin ATTEST: GRANTEE: DUBLIN SAN RAMON SERVICES DISTRICT By: General Manager ATTEST: 2089242.1 Exhibit 1 Exhibit "A" Legal Description for 15' Wide Waterline Easement All of that certain real property situate in the City of Dublin, County of Alameda, State of California, being described as follows: A Portion of Tract "B" of Parcel No. 6 as described in the final judgment rendered July 24, 1944 in the United States District Court for the Northern District of California, Southern Division, in Case No. 22460 -G, entitled : "United State's of America v. 105.19 Acres of Land ", a certified copy of which judgment was recorded April 4, 1945 in book 4681 Official Records at Page 234; Records of Alameda County, further described as "A" and "B" as follows: "A" Being a strip of land 15 feet wide, the center line of which is described as follows: Commencing at the northern most corner of the property described in the deed to the City of Dublin, as recorded in Instrument Number 99- 149007, Official Records of Alameda County, said point being on the southern right -of -way line of Dublin Boulevard; thence running southerly along said right -of -way, SOUTH 72 °43'54" EAST 71.58 feet to the Point of Beginning; thence SOUTH 21 °01'13" WEST 226.44 feet; thence SOUTH 18 037'43" WEST 20.00 feet; thence SOUTH 06 °43'30" WEST 20.00 feet; thence SOUTH 06 104'44" WEST 20.00 feet; thence SOUTH 05 049'29" EAST 20.00 feet; thence SOUTH 06 °28'15" EAST 20.00 feet; thence SOUTH -18 022'27" EAST 20.00 feet; thence SOUTH 19 °01'13" EAST 20.00 feet; thence SOUTH 30 052'26" EAST 20.00 feet; thence SOUTH 31 034'12" EAST 20.00 feet; thence SOUTH 43 °28'25" EAST 20.00 feet; thence SOUTH 44 °07'11" EAST 20.00 feet; thence SOUTH 56 °01'24" EAST 20.00 feet; thence SOUTH 56 °01'24" EAST 20.00 feet; thence SOUTH 56 040'10" EAST 20.00 feet; thence SOUTH 68 °34'23" EAST 20.00 feet; thence SOUTH 71'15'44" EAST 26.10 feet to a point called Point "A "; thence SOUTH 71 ° 15'44" EAST 80.23 feet; thence NORTH 60'14'02" EAST 265.00 feet to the beginning of a tangent curve; thence along a curve to the left, through a central angle of 35 °39'06" having a radius of 400.00 feet, an arc distance of 248.89 feet to a point on the southern right -of -way line of Dublin Boulevard. The sidelines of said strip of land are to be shortened or lengthened to terminate at said southern right -of- way line. "B" Being a strip of land 15 feet wide, the center line of which is described as follows: Beginning at the previously described Point "A "; thence SOUTH 20 °54'35" WEST 183.74 feet; thence SOUTH 69 °05'25" EAST 15.00 feet. Basis of Bearings: The bearing (N72 °43'54 "E) of the monument line of Dublin Boulevard, as shown on Parcel Map 460, which was filed for record in Book 61 of Parcel Maps at Pages 21, Official Records of Alameda County, California, was used as the basis of all bearings in this description. This legal description of real property is prepared based on record information, by me pursuant to the requirements of the Professional Land Surveyors Act. A field survey of the property boundary and existing watermain, which this easement is to contain, were not performed. d �, 7/17/o( Mi hael K. Cooper, RCE o. 29072 Date: Expires: March 31, 2003 g 28072 x ESP. x/31 d 3 �TF OF Go- \F m w I 0 POINT OF 0 100' 200' 300' He oring COMMENCEMENT L 1 S1837'43 "W 20.00 L2 POINT OF BEGINNING SCALE IN FEET: 1 "= 100' L3 �� S8 410/'/U L41 505'4929 "E DU_ L5 S06 28'15 "E �C) L6 S182227'E 20.00 \ S19'01'13 "E `J `J• UV / T\ / �/ 1 O (�pO (�r,�• L9 `/ 20.00 L 10 S43 2825 "E 20.00' 1 S44'07'11 "E 20.00 � S56 °01 '24 "E CL 15' WATER L 13 S56'40'1 0 "E 20.00' L14 LINE EASEMENT 20.00 L 15 571 '15'44 "E 26.10 v N 11\15 -r. 1�1J, JJ— 1 %JJJ f NT J �� CL 15' WA TER LINE EA SEMEN T r �0 R� h �Ag POINT "A" N PARCEL A SERIES N0. 68- 057307 PLAT TO ACCOMPANY LEGAL DESCRIPTION FOR WATERLINE EASEMENT DUBLIN SAN RAMON SERVICES EXHIBIT "A" 1-1 02 10 Bearing able No. He oring Distance L 1 S1837'43 "W 20.00 L2 S06 °43'30 "W 20.00 L3 S06'04'44 "W 20.00' L41 505'4929 "E 20.00 L5 S06 28'15 "E 20.00' L6 S182227'E 20.00 L7 S19'01'13 "E 20.00 L8 S,30'5226 "E 20.00 L9 S3134'12 "E 20.00 L 10 S43 2825 "E 20.00' L 1l S44'07'11 "E 20.00 L 12 S56 °01 '24 "E 20.00 L 13 S56'40'1 0 "E 20.00' L14 S683423 "E 20.00 L 15 571 '15'44 "E 26.10 L76 N69 °0525 "W 15.00 t geri - nsen - zar & Associates .- 100 N. MILPITAS BLVD., SUITE 160, • MILPITAS, CA 95035 PHONE: (406) 934 -1388 • FAX: (408) 934 -1288 CITY OF DUBLIN, ALAMFDA COUNTY, CALIFORNIA ' 1 „SCALE: 00' ' 7-16-01 DATE: 1 I J 9204C4 DUBLIN LIBRARY Project: 992044 Jul 17 2001 Lot Map Check ---------------------------------------------------------------- Lot name: WTR -LINE North: 4908.0495 East: 5237.9425 Line Course: S 21 -01 -13 W," Length: 226.44' North: 4696.6783 East: 5156.7188 Line Course: S 18 -37 -43 W v Length: 20.00' North: 4677.7261 East: 5150.3302 Line Course: S 06 -43 -30 W- Length: 20.00 North: 4657.8637 East: 5147.9881 Line Course: S 06 -04 -44 W- Length: 20.00' North: 4637.9761 East: 5145.8701 Line Course: S 05 -49 -29 E- Length: 20.00 - North: 4618.0794 East: 5147.8998 Line Course: S 06 -28 -15 E- Length: 20.00' North: 4598.2068 East: 5150.1538 Line Course: S 18 -22 -27 E- Length: 20.00' North: 4579.2265 East: 5156.4582 Line Course: S 19 -01 -13 E- Length: 20:00, North: 4560.3184 East: 5162.9763 Line Course: S 30 -52 -26 E• Length: 20.00- North: 4543.1524 East: 5173.2393 Line Course: S31-34-12 E' Length: 20.00 - North: 4526.1124 East: 5183.7101 Line Course: S 43 -28 -25 E' Length: 20.00 - North: 4511.5986 1 East: 5197.4705 Line Course: S 44 -07 -11 E- Length: 20.00 - North: 4497.2408 East: 5211.3937 Line Course: S 56 -01 -24 E- Length: 20.00 - North: 4486.0637 East: 5227.9790 Line Course: S 56 -40 -10 E, Length: 20.00 - North: 4475.0744 East: 5244.6893 Line Course: S 68 -34 -23 E- Length: 20.00= North: 4467.7681 East: 5263.3069 Line Course: S 71 -15 -44 E' Length: 26.10' North: 4459.3838 East: 5288.0236 Line Course: S 71 -15 -44 E -Length: 80.23 North: 4433.6109 East: 5364.0013 Line Course: N 60 -14 -02 E' Length: 265.00' North: 4565.1729 East: 5594.0370 Curve Length: 248.91 Radius: 400.00-' Delta: 35- 39 -11' Tangent: 128.63 Chord: 244.91 Course In: N 29 -45 -58 RP North: 4912.3966 End North: 4746.0060 Line Course: N 72 -43 -54 North: 4908.0489 Perimeter: 1672.55 Mapcheck Closure - (Uses Error Closure: 0.0140 Error North: - 0.00056 Precision 1: 119,124.78 Course: N 42 -24 -26 E W Course Out: S 65 -25 -09 E East: 5395.4528 East: 5759.2029 W/ Length: 545.88 East: 5237.9284 Area: 177,751 sq.ft. 4.08 acres listed courses, radii, and deltas) Course: S 87 -42 -52 W East: - 0.01403