HomeMy WebLinkAbout04.g. Authorize execution of quitclaim deeds for abandoned sewer easements in LafayetteCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS • J
POSITION PAPER
Board Meeting Date: May 3, 2012
subject: ADOPT A RESOLUTION AUTHORIZING THE EXECUTION AND
RECORDING OF QUITCLAIM DEEDS FOR ABANDONED EASEMENTS TO:
1) DOUGLAS AND CHRISTIANN NORTON (3836 HAPPY VALLEY ROAD,
LAFAYETTE; APN: 246- 100 -002); 2) RONALD AND MARY NAHAS (3840 HAPPY
VALLEY ROAD, LAFAYETTE; APN: 246- 100 -003); AND 3) CORY ERNST AND
GRETCHEN HIGGINS (3838 HAPPY VALLEY ROAD, LAFAYETTE; APN: 246 -100-
004); JOB 3898 - PARCELS 1 AND 2
Submitted By: Initiating Dept. /Div.:
Kathleen West, Senior Right of Way Agent Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
A foot 14 w voe — )m X
K. West M. Penny J. Miy oto -Mills
Ann E. Farrell
General Manager
ISSUE: A resolution of the Board of Directors is required to execute quitclaim deed
and record it.
RECOMMENDATION: Approve the Quitclaim Deed; authorize the President of the
Board and the Secretary of the District to execute the Quitclaim Deed and authorize
staff to record the deed with the Contra Costa County Recorder.
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: In 2008, the property owners at 3830, 3832, 3836, 3838 and 3840
Happy Valley Road in Lafayette joined together to purchase the intervening parcel at
3834 Happy Valley Road to create a new private access and personal open space. As
part of their project, they relocated the District's public sewer serving the properties.
Old sewer easements exist over the sewer that was abandoned as part of the relocation
project on the properties at 3836 (Norton - APN 246- 100 -002), 3838 (Ernst/Higgins -
APN 246- 100 -004) and 3840 (Nahas - APN 246- 100 -003) Happy Valley Road.
The property owners recently completed Lot Line Adjustments to split the intervening
property among their abutting properties and clarify ownership. They have requested
that the District now quitclaim the old easements to them to clear title on the adjusted
parcels. The recommended Board action would quitclaim the District's interest in the
sanitary sewer easements to the current property owners. In the near future, staff will
request that the Board accept a new grant of easement over the relocated sewer
serving these properties.
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POSITION PAPER
Board Meeting Date: May 3, 2012
subject ADOPT A RESOLUTION AUTHORIZING THE EXECUTION AND
RECORDING OF QUITCLAIM DEEDS FOR ABANDONED EASEMENTS TO:
1) DOUGLAS AND CHRISTIANN NORTON (3836 HAPPY VALLEY ROAD,
LAFAYETTE; APN: 246- 100 -002); 2) RONALD AND MARY NAHAS (3840 HAPPY
VALLEY ROAD, LAFAYETTE; APN: 246- 100 -003); AND 3) CORY ERNST AND
GRETCHEN HIGGINS (3838 HAPPY VALLEY ROAD, LAFAYETTE; APN: 246 -100-
004) - JOB 3898
RECOMMENDED BOARD ACTION: Authorize the President of the Board of Directors
and the Secretary of the District to execute Quitclaim Deeds for abandoned sewer
easements as follows: 1) Job 3898 - Parcel 1 (Portion) to Douglas A. Norton and
Christiann K. Norton, property owner of 3836 Happy Valley Road, Lafayette (APN 246-
100 -002); 2) Job 3898 - Parcel 1 (Portion) to Ronald C. Nahas, Trustee under the
Ronald Nahas and Mary Nahas Family Trust, dated September 5, 1990 as amended,
property owner of 3840 Happy Valley Road, Lafayette (APN 246- 100 -003; Job 3898 -
Parcel 1); and 3) Job 3898 - Parcel 2 to Cory Ernst Higgins and Gretchen Diane Higgins,
Trustees of The Higgins Family Revocable Trust Dated January 1, 1998, respectively,
and authorizing staff to record the documents with the Contra Costa County Recorder.
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RESOLUTION NO. 2012- Q 3 y
A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF
QUITCLAIM DEEDS TO PROPERTY OWNERS IN THE
HAPPY VALLEY ROAD NEIBORHOOD IN LAFAYETTE
(JOB 3898 — Parcels 1 and 2)
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 Deeds to the property
owners of: 1) 3836 Happy Valley Road (APN: 246- 100 -002); 2) 3838 Happy Valley Road
(APN: 246- 100 -004); and 3) 3840 Happy Valley Road (APN: 246- 100 -003) in the city of
Lafayette, as listed on Exhibit "A "; and
THAT the President of the Board of Directors and the Secretary of the District are hereby
authorized to execute said deeds for and on behalf of the District; and
THAT staff is authorized to record said deeds in the office of the Recorder of Contra Costa
County.
PASSED AND ADOPTED this 3rd day of May 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
Counsel for the District
Parcel 1
Assessor's Parcel No.:
Property Owner(s):
Site Address:
Parcel 1
Assessor's Parcel No.:
Property Owner(s):
Site Address:
Parcel 2
Assessor's Parcel No.:
Property Owner(s):
Site Address:
RESOLUTION 2012- 034
EXHIBIT "A"
QUITCLAIM DEEDS —SEWER PURPOSES
JOB 3898
246- 100 -002
Douglas and Christiann Norton
3836 Happy Valley Road, Lafayette
246- 100 -003
Ronald C. and Mary Nahas
3840 Happy Valley Road, Lafayette
246- 100 -004
Cory Ernst and Gretchen Diane Higgens
3838 Happy Valley Road, Lafayette