HomeMy WebLinkAboutReso 024-88 DHA ROEntryAgmt RESOLUTION NO. 24- 88
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING RIGHT-OF-ENTRY AGREEMENT WITH DUBLIN HOUSING AUTHORITY
FOR CONSTRUCTION OF SOUNDWALL
WHEREAS, the City Council of Dublin has agreed to install a
masonry soundwall along the Dougherty Road frontage of the Arroyo Vista
Housing Project, said wall being approved as part of the City's Capital
Improvement Program; and
WHEREAS, said soundwall will be located on the property of the
Dublin Housing Authority; and
WHEREAS, a right-of-entry agreement between the City of Dublin
and the Dublin Housing Authority must be executed to allow construction of
the soundwall;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Dublin does hereby approve the right-of-entry agreement and authorize the
Mayor to execute same.
PASSED, APPROVED, AND ADOPTED this 22nd day of February, 1988.
AYES:
Councilmembers Hegarty, Moffatt, Snyder,
Vonheeder and Mayor Jeffery
NOES: None
ABSENT: None
ATTEST:
AGREEMENT BETWEEN THE CITY OF DUBLIN
AND DUBLIN HOUSING AUTHORITY
The City of Dublin ("Dublin") and the Dublin Housing
Authority ("Authority") agree as follows:
1. Authority grants to City a right to enter upon
Authority's property commonly known as Arroyo Vista, described in
E~ibit A (referred to herein as "Arroyo Vista"), attached hereto
and incorporated herein, to construct a six-foot high masonry
soundwall at City's sole cost in the location shown on Exhibit B,
attached hereto and incorporated herein. The purpose of the
soundwall is to mitigate traffic sound impacts on the residential
Arroyo Vista units froin existing and future traffic on Dougherty
Road and to provide an aesthetically pleasing roadside view for
the motorists traveling on Dougherty Road.
2. City will close pedestrian access from Arroyo Vista
to Dougherty Road except at the intersections of Monterey Drive,
South Mariposa, North Mariposa, and Ventura Drive with Dougherty
Road.
3. Authority will clear a four-foot wide path in the
area shown on Exhibit B for placement of the soundwall.
4. The Authority will maintain the wall in an
aesthetically pleasing state and not alter the wall without City
permission, which will not be unreasonably withheld.
5. The Authority will relocate any portion of the
irrigation system which is in conflict with the wall and its
footings, as shown on Exhibit B.
6. The Authority will be responsible for relandscaping
those areas where City removes existing sidewalks and stairs now
connecting to Dougherty Road, as shown on Exhibit B.
7. City will hold Authority harmless from any liability
arising from negligent acts or omissions of City, its officers,
employees or agents, in connection with the construction of the
soundwall. The City, its officers, employees or agents are not
liable or responsible for damage to the property or appurtenances
from any cause other than construction and installation of the
soundwall.
IN WITNESS WHEREOF, this Agreement is duly executed.
Dated:
Dated:
DUBLIN HOUSING AUTHORITY
a
CITY OF DUBLIN
2/9/ss -2-
REAL PROPERTY DESCRIPTIONS
All that real property situated in the City of Dublln, CoUnty
of Alameda, State of California and being more particularly
described as follows: '~"
COMMENCING at the point of intersection of the center line of
Dougharty Road (also known as County Road No. 4038) and the
northeasterly line of the Southern Pacific Railroad Company
right-of-way (300 feet wide), said point of commencement also
being at the southwesterly corner of Camp Parks, a 3636.1222
acre parcel of land acquired by the United States of America;
thence north 01° 13' 02" east, along the center line of
Dougharty Road 69.47 feet; thence northwesterly along 'the arc
of an ll,259.19 foot radius curve, concave northerly (radial ly
distant 50 feet northeasterly from the northeasterly curved
right-of-way of said Southern Pacific Railroad Company), whose
center bears north 45° 18t 12.2" east, through a central angle
of O0° 23t 27.4" an arc distance of 76.82 feet, to a point on
the westerly right-of-way i ine of said Dougherty Road (55 feet
wide, measured at right angle), s~id point also being the TRUE
POINT OF BEGINNING; thence from said TRUE POINT OF BEGINNING
and continuing northwesterly along the arc of said 11,259.19
foot radius curve, through a central angle of 3' 50' 28.8", an
arc length of 754.86 feet; thence north O0° 39' 47" east 515.55
feet to a tanget curve; thence along the arc of said tanget
curve, whose radius bears south 89* 20' 13" east 150 feet,
through a central angle of 23* 55' 40", an arc length of 62.64
feet to a point of reverse tangent curve; thence along the arc
of sai.d reverse curve, with a radius of 150 feet, through a
central angle of 16~ 22t 05", an arc length of 42.85 f_eet;
thence north 08° 13' 23" east 45.00 feet; thence north 53* 02t
23" west 82.73 feet; thence north 90* 00' 00" west 70.00 feet;
thence north 57° 57' 14" west i22.I0 feet; thence north i7° 02'
46" east 355.40 feet; thence north 89* 23' 27" east 163.12 feet
to a non-tangent curve; thence northerly and easterly along the
arc of said non-tangent curve, whose radius bears north 71° 42~
28" east 200.00 feet, through a central angle 40° 20~ 25", an
arc length of 140.81 feet; thence north 22* 02~ 53" east 168.91
feet; thence north 8° 30' 43" east 231.99 feet to a tangent
curve; thence along the arc of said tangent curve, whose radius
bears south 81° 29~ i7" east 50.00 feet, through a central
ang t e of 8'4° 31 ' 53" an arc Iength of 73.77 feet; thence south
86° 57' 23" east 158.64 feet to a non-tangent curve; thence
northerly and easterly along the arc of said non-tangent curve,
whose radius bears south 71' 07' 32" east 140.00 feet, through
a central angle of 72* 20~ 34", an arc length 176.77 feet;
--.thence south 88° 46~ 58': east 44.24 feet to the westerly right-
of-way line of said Dougherty Road; thence along said westerly
right-of-way, south 01° 13~ 02" west 2,327.43 feet to the TRUE
PO 1NT OF THE BEG 1NN I NG.
Containing 24.23 acres more or less.
PARCEL ONE
A temporary construction easement over and across the following described parcel:
A strip of land, twelve (12.00) feet in width, lying westerly of, and adjacent to,
the eastern property line of said property, said eastern property line also being
described as the westerly right-of-way of Dougherty Road.
END OF DESCRIPTION
EXHIBIT B
Page 1 of 3
I1 "
· ' SECTION D-D '
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EXHIBIT B Page 3 'of "31
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