HomeMy WebLinkAbout4.06 Slope Maint and Landscape Tract 4719 0 -` 0
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: October 14 , 1985
SUBJECT: Acceptance of Grant of Easement for
Slope Maintenance and Landscaping on
Various Lots of Tract 4719
EXHIBITS ATTACHED: 1 . Resolution
2 . Grant of Easement
3 . Map of Easement
4 . Agreement Approved 8/12/85
RECOMMENDATION: Adopt resolution to accept easement.
FINANCIAL STATEMENT: No cost to the City. The slopes and
landscaping will be maintained by the Landscaping and Lighting
District No. 1983-2 .
DESCRIPTION: On August 12, 1985, the City Council
authorized the Mayor to execute an agreement that provided for
certain slopes and concrete drainage ditches in Tract 4719 to be
maintained by the Landscaping and Lighting Maintenance Assessment
District (No. 1983-2 ) .
Prior to the Assessment District doing work on those slopes
listed in the agreement, the City of Dublin will have to accept
easements over those areas .
The easement covers the rear of lots 80 through 86 and 37 through
48 of Tract 4719 as well as the slopes along Stagecoach Road for
which the Landscaping and Lighting District is also responsible .
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ITEM NO. COPIES TO:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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ACCEPTING FOR THE PUBLIC A GRANT OF EASEMENT
WHEREAS, the City Council authorized the Mayor to
execute an agreement which includes a public easement being
granted over certain lots of Tract 4719 to allow for the
maintenance of slopes and culverts ; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Dublin does hereby accept this grant of easement for
slope and culvert maintenance purposes .
1985 . PASSED, APPROVED AND ADOPTED this 14th day of October,
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
• f
GRANT OF EASEMENT
THIS INDENTURE, made this 9- day of October , 1985 ,
between Beck Properties , Inc . , a California corporation, herein-
after called GRANTOR, and the City of Dublin , a municipal corporation ,
hereinafter called GRANTEE ,
WITNESSETH :
That GRANTOR hereby , does GRANT and CONVEY unto GRANTEE , its
successors and assigns , the perpetual easement for the construction
and maintenance of the slopes and landscaping over , along , under ,
through and across the following described property :
All that real property situate in the City of Dublin , County
of Alameda , State of California , described as follows :
Being the existing landscape and slope maintenance easement
across lots 17 through 29 , 37 through 60 and 80 through 94 , as
shown on the Map of Tract 4719 , recorded January 17 , 1984 in Book
142 of Maps , at pages 41 through 46 , Alameda County records .
Together with the right to enter upon lands adjacent to the
hereinabove described real property for the purpose of slope
maintenance and landscaping on and within the above described
property .
CAT. NO. NNO0737
TO 1945 CA(7-82) TITLE INSURANCE
(Corporation) AND TRUST
CTATE OF CALIFORNIA AnconwMwwr
OUNTY OF .SAi✓ 70,4<Jy,,,� � SS.
4n O c. rV 17-f 1 .21, SAS before me, the undersigned, a Notary Public in and for
said State, personally appeared -Ad e- %V J. .44 t—ry
personally known to me or proved to me on the basis
W of satisfactory evidence to be the person who executed
W the within instrument as the c,'.cis Ows s.Jc:✓T
= President,and i- e: /2 ef�. s 1
dpersonally known to me or ^
F proved to me on the basis of satisfactory evidence to be r. ,,: OFFICIAL SEAL
m the person who executed the within instrument as the •'� LARRY G. FRENCH
-1. Secretary of the Corporation NOTARY PUBLIC-CALIFORNIA
that executed the within instrument and acknowledged SAN JOAQUIN COUNTY
rri COMMISSION EXPIRES MARCH 12.198
to me that such corporation executed the within instru-
ment pursuant to its by-laws or a resolution of its
board of directors.
WITNESS my hand and official seal.
Signature (This area for official notarial seal)
LEGEND
SLOPE MAINTENANCE AREA
SLOPE S LANDSCAPE MAINTENANCE AREA
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BISSELL A KARNF INC.
CIVIL ENGINEERS TRACT 4719
EEE1 149MCEO.1T. •AM LEAMOIIO,CALIF.11677 CITY OF DUBLIN
I�tEI ut•>!1T• ALAMEDA COUNTY CALIFORNIA
AGREEMENT
Agreement made this day of August, 1985 among the
City of Dublin, a municipal corporation, Amador Lakes Associates,
a California limited partnership, and Beck Properties, Inc. , a
California corporation.
RECITALS OF CONSIDERATION
Mutual Promises
NOW THEREFORE, for and in consideration of the premises and
the mutual promises, covenants , and agreements hereinafter set
forth, the City of Dublin, Amador Lakes Associates, and Beck
Properties , Inc. , agree as follows :
1 . The City of Dublin shall accept dedication of Lot 153
of Tract 4719 located in the City of Dublin and shall cause to be
annexed certain hereinafter specified costs and maintenance
obligations to that certain assessment district designated Land-
scaping and Lighting District No. 1983-2 , City of Dublin, Alameda
County, California. The above acceptance of the. dedication of
Lot 153 of Tract 4719 in the City of Dublin and the annexation of
certain costs and maintenance obligations to the above referred
to assessment district shall be made under the following terms and
conditions :
A. Beck Properties , Inc. , and Amador Lakes Associates
will construct fencing from the southwest corner of Lot 153 easterly
to the southeast corner of Lot 153 and then northerly to tie in
with the existing fence surrounding the water tank located in the
easterly part of Lot 153 . In addition, Beck Properties, Inc. and
Amador Lakes Associates shall construct fencing from the northern
end of the concrete culvert on the east side of Stagecoach Road
easterly along the northern border of Lot 153 to the existing
fence line located at the northeast corner of Lot 153 and will
construct additional fencing along the open areas of Lot 153 that
border on Stagecoach Road.
( 1 . ) The fencing to be constructed along the
southern, eastern and northern border of...Lot .153 shall be a vinyl
clad chain link fence. The fence along the eastern border of
Lot 153 shall be eight feet in height and all other fence shall
be a minimum of six feet in height.
( 2 . ) The fencing along the east side of Stage-
coach Road shall be such as to limit access from Stagecoach Road
to Lot 153 and shall be of a nature that shall serve this purpose
and also be aesthetically compatable with the subdivision and
landscaping along Stagecoach Road. The actual type of fencing
and its location shall be mutually agreed upon by the City of
Dublin, Beck Properties , Inc. , and Amador Lakes Associates .
( 3 . ) The cost of the fencing shall be allocated
fifty percent ( 50% ) to the City of Dublin and fifty percent ( 50% )
to Beck Properties , Inc . and Amador Lakes Associates . The cost
allocation to Beck Properties , Inc. and Amador Lakes Associates
shall be sixty percent ( 60% ) to Ber'r Properties, Inc. and forty
percent ( 40% ) to Amador Lakes Associates .
( 4 . ) If additional fencing around the perimeters
of the excavated subdivision slopes is required by the City of
Dublin within three years from the date of this agreement, the
cost of such fencing shall be assessed fifty percent ( 50% ) to
Lots 1 through 150 , in equal shares, of Tract 4719 , City of Dublin,
and the remaining fifty percent ( 50% ) to the City of Dublin. If
no additional fencing is required within said three year period,
the City of Dublin shall assume the responsibility_ for.=any additional...
fencing in the future.
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( 5 . ) The estimated costs for all of the above
referred to fencing, including the fencing referred to in paragraph
( 4 . ) above, is under the sum of Forty Thousand Dollars ( $40 , 000 . 00 ) .
The maximum costs of all of the above referred to fencing to be
assessed against Beck Properties, Inc. , Amador Lakes Associates,
Lots 1 through 151 of Tract 4719 , City of Dublin, shall not exceed
the combined total of Twenty Thousand Dollars ( $20 , 000 . 00 ) .
2 . The cost of maintaining the fencing contemplated by this
agreement shall be allocated through Landscaping and Lighting
District No. 1983-2, City of Dublin, Alameda County, California
and shall be assessed sixty percent ( 60% ) to Lots 1 through 150 ,
in equal shares, of Tract 4719 , City of Dublin, and forty percent
( 40% ) to Lot 151 of Tract 4719 , City of Dublin. This assessment
of the maintenance of the fencing shall be made for a period of three
years from the date of this agreement and after the expiration of the
three years the cost of maintaining all fencing contemplated by this
agreement shall be born by the City of Dublin.
3 . The cost of maintaining the common area of Lot 153 of
Tract 4719 , City of Dublin, shall be allocated through Landscaping
., and Lighting District No. 1983-2 and assessed sixty percent ( 600 )
to Lots 1 through 150 , in equal shares , of Tract 4719 , City of
Dublin, and forty percent ( 400 ) to Lot 151 of Tract 4719 , City of
Dublin. This assessment shall last for a period of three years
from the date of this agreement and from that time on the cost of
maintaining Lot 153 of said subdivision shall be born by the City
of Dublin subject to the exception noted in paragraph 3A below.
If the City of Dublin allows public access to Lot 153 of Tract 4719 ,
City of Dublin, prior to this three year period of limitation, the
cost of maintaining said Lot 153 shall revert solely to the City of
Dublin when such public access is formally approved by the City.
A. The excavated slopes and concrete culverts existing
around the outer perimeters of the subdivision and the interior
slopes and concrete culverts, excluding those slopes and concrete
culverts adjacent to Stagecoach Road, as shown in attached Exhibit
"A" , shall be annexed to Landscaping and Lighting District No. 1983-2.
The cost of maintaining these slopes and culverts shall be assessed
solely to Lots 1 through 150 , in equal shares , of Tract 4719 , City
of Dublin. This assessment shall be permanent in nature.
4 . Beck Properties , Inc. shall cause to be granted to the
City of Dublin, a public easement over Lots 80 through 86 and 37
through 48 of Tract 4719 , City of Dublin, to allow for the main-
tenance of slopes and culverts contemplated by this agreement.
GENERAL PROVISIONS
Acceptance
The terms and conditions of this agreement are subject
to the approval and acceptance by the City of Dublin. In the
event that such approval and acceptance is not obtained from the
City of Dublin within thirty ( 30 ) days from the date of this
agreement, this agreement shall be deemed null and void in its
entirety.
Entire Agreement
This agreement supersedes any and all other agreements ,
either oral or in writing between the parties hereto with respect
to the subject matter hereof and contains all of the covenants
and agreements between the parties with respect to said matter,
and each party to this agreement acknowledges that no represent-
ations , 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 other agreement,
statement, or promise not containted in this agreement shall be
valid or binding in respect to the subject matter hereof.
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Choice of Law
This agreement shall be governed by and construed in
accordance with the laws of the State of California.
Nonassignability
This agreement shall not be assigned by any party
hereto without the prior written consent of all parties.
Successors and Assigns
Subject to the provision regarding assignment, this
agreement shall be binding upon the heir, executors, administrators,
successors and assigns of the respective parties.
Attorneys Fees
If any legal action is necessary to enforce the terms of
this agreement, the prevailing party shall be entitled to reasonable
attorneys fees in addition to any other relief to which the party
may be entitled. This provision shall be construed as applicable
to the entire contract.
Executed at California, this day
of 1985 .
CITY OF D IN
B L
Executed at /)- ) California, this � 'L day
of 1985 .
BECK PROPERTIES, INC.
By
Executed at W4 California, this day
of -v ° 1985 .
AMADOR LAKES ASSOCIATES
By /�, �'
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