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HomeMy WebLinkAbout04.c. Approve Consent to Common Use Agreement with Contra Costa Water DistrictCentral Contra Costa Sanitary District C ' BOARD OF DIRECTORS ' POSITION PAPER Board Meeting Date: May 17, 2012 subject: ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF A "CONSENT TO COMMON USE AREEMENT" WITH CONTRA COSTA WATER DISTRICT FOR AN EASEMENT AT 321 GOLF CLUB ROAD, PLEASANT HILL (APN 153 - 040 -009; JOB 4985 — PARCELS 15 & 35; JOB 7181 — PARCEL 2) Submitted By: Initiating Dept/Div.: Ricardo Hernandez Engineering / Environmental Services Senior Right of Way Agent REVIEWED AND RECOMMENDED FOR BOARD ACTION: R. Hernandez 0. Penny J. yamoto -Mills Ann E. Farrell General Manager ISSUE: A resolution is required to authorize execution and recording of Consent to Common Use Agreements. RECOMMENDATION: Approve a Common Use Agreement with the Contra Costa Water District (CCWD); authorize the President of the Board of Directors and the Secretary of the District to execute the agreement, and authorize staff to record the agreement. FINANCIAL IMPACTS: CCWD will be required to pay applicable processing and inspection fees. ALTERNATIVES /CONSIDERATIONS: In the past, the District has approved similar agreements when other public agencies propose facilities within District easements or when the District has proposed facilities in other agencies' easements. BACKGROUND: In 1996, the District acquired an easement with exclusive sub- surface rights from the Contra Costa College District, owners of the property at 321 Golf Club Road, Pleasant Hill. The easement was acquired to accommodate the Pleasant Hill Relief Interceptor and a recycled water pipeline. As part of the Golf Club Road /Grayson Creek Bridge reconstruction project, CCWD is proposing to relocate existing pipelines into the District's exclusive subsurface easements and has agreed to execute a "Consent to Common Use Agreement" which will protect the District's prior land rights. Staff has reviewed CCWD's design plans to ensure adequate pipeline clearances and will perform the necessary construction inspection. RECOMMENDED BOARD ACTION: Adopt a resolution authorizing the President of the Board of Directors and the Secretary of the District to execute a Consent to Common Use Agreement with CCWD for an easement at 321 Golf Club Road, Pleasant Hill (APN 153 - 040 -009; Job 4985 — Parcels 15 & 35; Job 7181 — Parcel 2) and authorize staff to record the document with the Contra Costa County Recorder. N: \ENVRSEC \Position Papers \Hernandez R\2012 \5- 17 -12 \PP Approve CCWD Common Use Agreement Final 5- 17- 12.doc RESOLUTION NO. 2012-035 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT APPROVING A COMMON USE AGREEMENT WITH CONTRA COSTA WATER DISTRICT JOB 4985 — PARCELS 15 & 35; JOB 7181 — PARCEL 2 APN 153 - 040 -009 NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (District) as follows: THAT the District hereby approves the Common Use Agreement (Agreement) with Contra Costa Water District for an easement at 321 Golf Club Road, Pleasant Hill (APN 153 -040- 009; Job 4985 — Parcels 15 & 35; Job 7181 — Parcel 2); and THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to execute said Agreement for and on behalf of the District; and THAT District staff is authorized to record said Agreement in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 17TH day of May 2012, by the Board of Directors of the Central Contra Costa Sanitary 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