HomeMy WebLinkAbout03.g. Authorize Common Use Agreement with EBMUD for Iron Horse Corridor easementsCentral Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 15, 2012
Subject: ADOPT A RESOLUTION AUTHORIZING EXECUTION AND RECORDING
OF A COMMON USE AGREEMENT WITH EAST BAY MUNICPAL UTILITY
DISTRICT AFFECTING EASEMENTS IN THE IRON HORSE CORRIDOR, WALNUT
CREEK (APN: 183 - 260 -035, 183 - 040 -004) PARCELS 4181, 4257, 4257 -B, 4059,
4826, 4826 -A, 4826 -13, 4826 -C, 4826 -D, 4826 -E.
Submitted By: Initiating Dept/Div.:
Rick Hernandez, Senior Right of Way Agent Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
1�? - wl-� — PA---
R. Hernandez M. Penny Viyannoto-iTI-11s nn E. Farre
General Manager
ISSUE: A resolution is required to authorize execution and recording of Common Use
Agreements.
RECOMMENDATION: Adopt a resolution authorizing execution and recording of the
Common Use Agreement with East Bay Municipal Utility District ( EBMUD).
FINANCIAL IMPACTS:
EBMUD has paid a processing fee of $836.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: EBMUD acquired easements from Contra Costa County in 2003 for
the installation of a new water pipeline through the Iron Horse Corridor from Newell
Avenue south to 1 -680 in Walnut Creek. Last year EBMUD initiated an easement
amendment with Contra Costa County to revise the legal description for this existing
pipeline. During this easement amendment it was determined that EBMUD's revised
easement overlapped District easements in the same segment of the Iron Horse
Corridor. As a result of the overlap, the County required EBMUD to enter into a
Common Use Agreement with the District as stipulated in the District's easements
affected by EBMUD's revised easement. The Common Use Agreement will protect the
District's prior land rights.
RECOMMENDED BOARD ACTION: Adopt a resolution authorizing the President of
the Board of Directors and the Secretary of the District to execute a Common Use
Agreement with EBMUD for easements in the Iron Horse Corridor, Walnut Creek (APN
183- 260 -035 and 183- 040 -004; Parcels 4181, 4257, 4257 -13; 4059, 4826, 4826 -A,
4826 -13, 4826 -C, 4826 -D, 4826 -E) and authorize staff to record the document with the
Contra Costa County Recorder.
NAENVRSEC \Position Papers \Hernandez R\2012 \11- 15 -12 \PP Common Use Agrmt with EBMUD 11 -15 -12 Final.doc
3.9.
RESOLUTION NO. 2012 -p$7
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
APPROVING A COMMON USE AGREEMENT WITH
EAST BAY MUNICIPAL UTILITY DISTRICT
JOBS 4181, 4257, 4059, 4826
APN 183- 260 -035, 183 - 040 -004
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 East ,
Bay Municipal Utility District for easements in the Iron Horse Corridor, Walnut Creek, (APN
183- 260 -035, 183- 040 -004); Jobs 4181, 4257, 4059, 4826 - Parcels 4181, 4257, 4257 -B,
4059, 4826, 4826 -A, 4826 -B, 4826 -C, 4826 -D, 4826 -E; 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 15TH day of November 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