HomeMy WebLinkAbout04.e. Adopt resolutions accepting grants of easement and quitclaim deed re Iron Horse Corridor parcelsCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: March 15, 2012
Subject: ADOPT A RESOLUTION ACCEPTING AN AMENDMENT TO A GRANT OF
EASEMENT FROM CONTRA COSTA COUNTY FOR IRON HORSE CORRIDOR
PARCELS LOCATED WITHIN THE CITY OF SAN RAMON (IHC — PARCELS 59,61
- 66 *); ADOPT A RESOLUTION AUTHORIZING THE EXECUTION OF A
QUITCLAIM DEED TO CONTRA COSTA COUNTY (DISTRICT PROJECT 5554 —
PARCELS 1 - 3 *); AND ADOPT A RESOLUTION ACCEPTING AN AMENDMENT
TO A GRANT DEED TO CONTRA COSTA COUNTY FOR IRON HORSE
CORRIDOR PARCEL LOCATED WITHIN THE UNINCORPORATED AREA OF
ALAMO (IHC — PARCEL 32 *)
Submitted By:
Stephanie Gronlund, Associate Engineer
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
1
nd P. Seitz J. Mi moto -Mills
Initiating Dept. /Div.:
Engineering /Environmental Services
A. Farrell K. Alm ames M. Kelly
eneral Manager
ISSUE: A resolution of the Board of Directors is required to accept, amend or quitclaim
easements and to authorize staff to record documents.
RECOMMENDATION: Adopt a resolution accepting an amendment to a grant of
easement from Contra Costa County; adopt a resolution authorizing the President of
the Board of Directors and the Secretary of the District to execute a Quitclaim Deed;
adopt a resolution accepting an amendment to a grant deed to Contra Costa County;
and authorizing staff to record documents with the Contra Costa County Recorder.
FINANCIAL IMPACTS: The District will incur no direct costs, beyond staff time, to
record the amendments to original easement and deed, and to record the quitclaim
deed.
ALTERNATIVES /CONSIDERATIONS: The Board could decline to accept the
amendments and to authorize execution of the quitclaim deed; however, this is not
recommended since this action would restrict the District's ability to perfect and
adequately enforce the District's land rights along the Iron Horse Corridor, formerly the
Southern Pacific Railroad right of way.
BACKGROUND: In 1985 -86, the District purchased easements from Contra Costa
County and the Contra Costa County Redevelopment Agency for existing and future
sewers in the former Southern Pacific Railroad right of way (now referred to as the Iron
Horse Corridor) when Contra Costa County purchased the right of way from Southern
Pacific Transportation Company (SPTC). Because of the lack of surveying information
for property boundaries, utility locations and engineering for future pipelines, coupled
N: \ENVRSEC \Position Papers \Gronlund\2012 \3- 15 -12 \PP IHC Easement Amend Reach 4 - 5 Final 3- 15- 2012.doc Page 1 of 2
POSITION PAPER
Board Meeting Date: March 15, 2012
Subject. ADOPT A RESOLUTION ACCEPTING AN AMENDMENT TO A GRANT OF
EASEMENT FROM CONTRA COSTA COUNTY FOR IRON HORSE CORRIDOR
PARCELS LOCATED WITHIN THE CITY OF SAN RAMON (IHC — PARCELS 59,61 -
66 *); ADOPT A RESOLUTION AUTHORIZING THE EXECUTION OF A QUITCLAIM
DEED TO CONTRA COSTA COUNTY (DISTRICT PROJECT 5554 — PARCELS 1 -
3 *); AND ADOPT A RESOLUTION ACCEPTING AN AMENDMENT TO A GRANT
DEED TO CONTRA COSTA COUNTY FOR IRON HORSE CORRIDOR PARCEL
LOCATED WITHIN THE UNINCORPORATED AREA OF ALAMO (IHC — PARCEL
32 *)
with the short timeframe to acquire the property, language was added to the original
grants of easement to allow for adjustment of easement descriptions once the location
of the existing and future sewers were known.
However, in 2003, when the District proposed changing the sewer alignment for a
section of Iron Horse Corridor (IHC) parcel easements located within the city of San
Ramon, the County would not allow the District to amend the easements. Instead, the
County required recording of a new easement with less than favorable conditions to
CCCSD (referred to as the "2003 San Ramon Easements "). As the schedule to
construct the San Ramon Schedule "C" Force Main project was accelerated, the District
reluctantly agreed.
In 2008, the County requested the District's support and cooperation with the
construction of the Treat Bridge pedestrian overpass on the IHC as their project
required sewer pipe modifications. Staff discussed the District's desire to restore its
original easement rights within the 2003 San Ramon Easement areas and for the
remaining original easements within the IHC. The County agreed and staff from both
agencies developed a memorandum of understanding (MOU) that detailed the process
and intent for amending the sewer easements within the IHC.
On November 6, 2008, Board approved this MOU. At the same meeting, the Board
adopted a resolution accepting the first easement amendment. On July 1, 2010, March
3, 2011, February 2, 2012, and February 16, 2012 the Board adopted resolutions
accepting the second, third, fourth and fifth easement amendments, respectively. Staff
now recommends adopting the resolutions for accepting the sixth and seventh
amendments, as these documents are the final County easement amendments along
the IHC. Also, staff is requesting the Board to adopt a resolution authorizing execution
of a quitclaim deed to extinguish the 2003 San Ramon Easements to restore the
District's original easement language and recording priority.
Two more easement amendments will be submitted to the Board at a later date to
adjust the legal descriptions for IHC parcels owned by the town of Danville and a
private limited liability corporation.
N: \ENVRSEC \Position Papers \Gronlund\2012 \3- 15 -12 \PP IHC Easement Amend Reach 4 - 5 Final 3- 15- 2012.doc Page 2 of 3
POSITION PAPER
Board Meeting Date: March 15, 2012
Subject: ADOPT A RESOLUTION ACCEPTING AN AMENDMENT TO A GRANT OF
EASEMENT FROM CONTRA COSTA COUNTY FOR IRON HORSE CORRIDOR
PARCELS LOCATED WITHIN THE CITY OF SAN RAMON (IHC — PARCELS 59,61 -
66 *); ADOPT A RESOLUTION AUTHORIZING THE EXECUTION OF A QUITCLAIM
DEED TO CONTRA COSTA COUNTY (DISTRICT PROJECT 5554 — PARCELS 1 -
3 *); AND ADOPT A RESOLUTION ACCEPTING AN AMENDMENT TO A GRANT
DEED TO CONTRA COSTA COUNTY FOR IRON HORSE CORRIDOR PARCEL
LOCATED WITHIN THE UNINCORPORATED AREA OF ALAMO (IHC — PARCEL
32 *)
RECOMMENDED BOARD ACTION: Adopt a resolution accepting an amendment to a
grant of easement from Contra Costa County for Iron Horse Corridor parcels located
within the city of San Ramon (IHC — Parcels 59, 61 - 66 *); adopt a resolution
authorizing the execution of a quitclaim deed to Contra Costa County (District Project
5554 — Parcels 1 — 3 *); adopt a resolution accepting an amendment to a grant deed to
Contra Cost County for Iron Horse Corridor parcel located within the unincorporated
area of Alamo (IHC — Parcel 32); and authorize staff to record documents.
*Easement parcel numbers are for internal job log use only.
N: \ENVRSEC \Position Papers \Gronlund\2012 \3- 15 -12 \PP IHC Easement Amend Reach 4 - 5 Final 3- 15- 2012.doc Page 3 of 3
RESOLUTION NO. 2012- Q,Z'
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING AN AMENDMENT TO THE GRANT OF EASEMENT
FROM CONTRA COSTA COUNTY,
OWNER OF IRON HORSE CORRIDOR PARCELS
LOCATED WITHIN THE CITY OF SAN RAMON
(IRON HORSE CORRIDOR - PARCELS 59,61 - 66)
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District
( "District ") as follows:
THAT the District hereby accepts the Amendment to the Grant of Easement from Contra
Costa County for Iron Horse Corridor parcels of land located within the city of San Ramon
(Iron Horse Corridor — Parcels 59, 61 — 66); and
THAT staff is authorized to record said document in the office of the Recorder of Contra
Costa County.
PASSED AND ADOPTED this 15th of March of 2012, by the Board of Directors of the
District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
James A. Nejedly
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme, CMC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
RESOLUTION NO. 2012 - 02.7.
A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF
QUITCLAIM DEED — SEWER EASEMENT
TO CONTRA COSTA COUNTY
(DISTRICT PROJECT 5554 — PARCELS 1 - 3)
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District
( "District ") as follows:
THAT the District hereby consents to the execution of "QUITCLAIM DEED — SEWER
EASEMENT ", dated March 15, 2012, to Contra Costa County for sewer easements within
the Iron Horse Corridor parcels of land located within the city of San Ramon (District
Project 5554 — Parcels 1 - 3); and
THAT the President of the Board of Directors and the Secretary of the District are hereby
authorized to execute said deed for and on behalf of the District; and
THAT staff is authorized to record said document in the office of the Recorder of Contra
Costa County.
PASSED AND ADOPTED this 15th of March of 2012, by the Board of Directors of the
District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
James A. Nejedly
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme, CMC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District
RESOLUTION NO. 2012- OZ-j
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING AN AMENDMENT TO THE GRANT DEED
TO CONTRA COSTA COUNTY,
OWNER OF IRON HORSE CORRIDOR PARCEL
LOCATED WITHIN
THE UNINCORPORATED AREA OF ALAMO
(IRON HORSE CORRIDOR - PARCEL 32)
APN: 188- 241 -020
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District
( "District ") as follows:
THAT the District hereby accepts the Amendment to Grant Deed to Contra Costa County
for Iron Horse Corridor parcel of land located within the unincorporated area of Alamo (Iron
Horse Corridor — Parcel 32); and
THAT staff is authorized to record said document in the office of the Recorder of Contra
Costa County.
PASSED AND ADOPTED this 15th of March of 2012, by the Board of Directors of the
District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
James A. Nejedly
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
Elaine R. Boehme, CMC
Secretary of the District
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Approved as to form:
Kenton L. Alm, Esq.
Counsel for the District