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HomeMy WebLinkAbout03.c. Consent to Common Use Agreement - Contra Costa Water District3.c. Central Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: July 21, 2011 Subject: ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF A CONSENT TO COMMON USE AGREEMENT WITH CONTRA COSTA WATER DISTRICT FOR AN EASEMENT OVER 2500 DEAN LESHER DRIVE (APN 159- 040 -093; JOB 3656 - PARCEL 1) Submitted By: Initiating Dept. /Div.: Ricardo Hernandez, Sr. Right of Way Agent Engineering / Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: R. Hernandez J. yamoto -Mills . Swanson . Farrell James M elly, General Nmnager ISSUE: A resolution is required to authorize execution and recording of Consent to Common Use Agreements. RECOMMENDATION: Approve the Common Use Agreement with the Contra Costa Water District (CCWD); authorize the President of the Board and the District Secretary to execute the agreement, and authorize staff to record the agreement. FINANCIAL IMPACTS: CCWD has paid the applicable $776 processing fee. ALTERNATIVES /CONSIDERATIONS: Reject agreement and direct staff to maintain the District's easement free of encroachments. In the past, the District has approved similar agreements when other public agencies propose facilities within District easements or when the District proposed facilities in other agencies' easements. BACKGROUND: In 2009, the District acquired an easement with exclusive sub - surface rights from the owners (Gonsalves & Santucci, Inc.) of the property at 2500 Dean Lesher Drive, Concord. The easement currently accommodates a non - operational sewer intended to serve future development of neighboring lands. CCWD is proposing to install minor facilities within the District's exclusive subsurface easement and has agreed to execute a Consent to Common Use Agreement which will protect the District's prior SITE CLYDE A� 9A1F5 C N ORD VICINITY MAP N: \ENVRSEC \Position Papers \Hernandez R\2011 \PP Approve CCWD Common Use Agreement FINAL 7- 21- 11.doc Page 1 of 2 POSITION PAPER Board Meeting Date: July 21, 2011 subject ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF A CONSENT TO COMMON USE AGREEMENT WITH CONTRA COSTA WATER DISTRICT FOR AN EASEMENT OVER 2500 DEAN LESHER DRIVE (APN 159- 040 -093; JOB 3656 - PARCEL 1) land rights. After approval of the Common Use Agreement, Gonsalves & Santucci, Inc., will grant an easement to CCWD. RECOMMENDED BOARD ACTION: Adopt a resolution authorizing the Board President and District Secretary to execute Consent to Common Use Agreement with CCWD for an easement over 2500 Dean Lesher Drive, Concord (APN 159 - 040 -093; Job 3656 - Parcel 1) and staff to record the document with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Hernandez R\2011 \PP Approve CCWD Common Use Agreement FINAL 7- 21- 11.doc Page 2 of 2