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HomeMy WebLinkAbout03.d. Authorize quitclaim deed to City of Concord (1000 Burnett Avenue)Central Contra Costa Sanitary District S.4% ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: August 1, 2013 Subject. APPROVE AN EASEMENT QUITCLAIM TO THE CITY OF CONCORD — PORTION OF AN EASEMENT WITHIN THE BURNETT AVENUE RIGHT OF WAY, CONCORD Submitted By: Rick Hernandez, Sr. Right of Way Agent REVIEWED AND RECOMMENDED FOR BOARD ACTION: T. Brightbill — Senior Engineer D. Gemmell — Environmental Services Division Mgr Initiating Dept. /Div.: Engineering /Environmental Services K. Alm Counsel for the District x I m� C. Swanson Provisional General Manager ISSUE: Quitclaims of District real property interests require Board approval. RECOMMENDATION: Approve the quitclaim of an unneeded portion of an easement to the City of Concord. FINANCIAL IMPACTS: The City of Concord has paid a $616 processing fee as per the District's Schedule of Environmental and Development - Related Rates & Charges. ALTERNATIVES /CONSIDERATIONS: None. BACKGROUND: The City of Concord is processing this easement quitclaim for approximately 1.1 sq. ft. of land as part of an overall right of way dedication to Caltrans related to the 1- 680 /Burnett Avenue off -ramp. The easement was dedicated to the District via a subdivision map in 1987 and is not currently being used. The portion being quitclaimed was once within the property at 1000 Burnett Avenue before a street dedication by the property owners to the City of Concord placed it within the street right of way. This quitclaim cleans up an odd- shaped boundary that resulted from several easement grants and property acquisitions in the area. Based on the location (over 75 feet from the District's pipeline) and its size (only 1.1 square feet), the easement has no current value to the District and is very unlikely to have any value to the District in the future. The portion of the easement to be quitclaimed is within the proposed State Access Prohibited Line and therefore very unlikely to have value to others. This action by the City is to clear title of the street right of way before transferring the right of way to Caltrans. RECOMMENDED BOARD ACTION: Adopt a resolution authorizing the President of the Board and Secretary of the District to execute a Quitclaim Deed in favor of the City of Concord and authorize staff to record the Quitclaim Deed with the County Recorder. Attached Supportinq Documents: 1. Proposed Resolution 2. Exhibit A — Plat 3. Exhibit B — Legal Description C:\ Users \dandersonWppData \Local \Microsoft \Windows \Temporary Internet Files \Content.Outlook \DVCG8C5G \PP QCD City of Concord 8 -1 -13 Final3.doc Page 1 of 1 RESOLUTION NO. 2013 -02. A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING EXECUTION OF QUITCLAIM DEED TO THE CITY OF CONCORD, MISCELLANEOUS PARCEL (BURNETT AVENUE RIGHT OF WAY), CITY OF CONCORD NOW THEREFORE 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 a Quitclaim Deed to the City of Concord for land described in Exhibit A and B attached; and THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to execute said document for and on behalf of the Central Contra Costa Sanitary District; and THAT staff is authorized to record said document in the Office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 1 st day of August, 2013 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 EXHIBIT "A" Quitclaim Portion of S.S.E. /S.D.E. on City Parcel 49877 -1: A parcel of land situated in the City of Concord, County of Contra Costa, State of California, being a portion of Parcel 49877 -1 as described in the Grant Deed to the City of Concord, recorded on January 23, 2013, in Document No. 2013- 0018301, Contra Costa County Records, more particularly described as follows: A portion of Parcel B as shown on Minor Subdivision Map MSC 6 -86 filed June 30, 1987, in Book 128 of Parcel Maps at Page 28, Contra Costa County Records, more particularly described as follows: COMMENCING at a point on the southeasterly line of Burnett Avenue (104.00 feet wide), said line also being the northwesterly line of said Parcel B (128 PM 28), which point is North 57 °17'16" East, 28.53 feet from the northeasterly terminus of a 50.00 foot radius curve in the northwesterly corner of said Parcel B (128 PM 28), said point also being the most northerly point of said Parcel 49877 -1 (Doc. 2013- 0018301); thence along the northwesterly line of said Parcel 49877 -1 (Doc. 2013 - 0018301) South 57 °17'16" West, 28.53 feet, and along a tangent curve to the left with a radius of 50.00 feet, through an angle of 39°31'18 ", an arc length of 34.49 feet to a point of cusp, also being the most southerly point of said Parcel 49877 -1 (Doc. 2013 - 0018301), said point being the TRUE POINT OF BEGINNING; thence along the southeasterly line of said Parcel 49877 -1 (Doc. 2013 - 0018301), from a tangent that bears North 35 150'08" East along a curve to the right with a radius of 165.00 feet, through an angle of 0 °51'24" an arc length of 2.47 feet to a point on the northeasterly line of a 15 foot wide Sanitary Sewer Easement / Storm Drain Easement (S.S.E. /S.D.E) as shown on said Minor Subdivision Map MSC 6 -86 (128 PM 28); thence, leaving said southeasterly line (Doc. 2013- 0018301), along the northeasterly line of said S.S.E. /S.D.E (128 PM 28), North 24 °14'59" West, 1.03 feet to a point on the northwesterly line of said Parcel 49877 -1 (Doc. 2013 - 0018301); thence, leaving said northeasterly line of said S.S.E. /S.D.E. (128 PM 28), southwesterly along said northwesterly line (Doc. 2013 - 0018301), along a non - tangent curve to the left, the center of which bears South 68 °40'40" East, having a radius of 50.00 feet, through an angle of 3 °33'22 ", an are length of 3.10 feet to the TRUE POINT OF BEGINNING. CONTAINING 1.1 square feet, more or less. The bearings and distances used in the above description are on the California Coordinate System of 1927, Zone 3. Multiply the above distances by 1.0000614 to obtain ground level distances. This real property description has been prepared by me, or under my direction in conformance with the Professional Land Surveyors Act. LA D Signature r(r.? Professional Land Surveyor I P.L.S. #7893 Date 6/19/2013 No. 7 5V/13 J, Exp. ]2/3 T� �� i oF_CAL1F/ / EXHIBIT "B" (PLAT TO ACCOMPANY LEGAL DESCRIPTION) QUITCLAIM PORTION OF S.S.E./S.D.E. ON PARCEL 49877 -1 Scale: 1" = 30' A= 21'27'08 "(T) �1® R= 165.00' L =61.78'(T) P.O.C. '1' 1 A (DOC. NO. 2013- 0018301) 0� (112 SF) QUITCLAIM PORWN A= 39'31'18 "(T) OF SSEIS.!?E R= 50.00' IN PARCEL 49877 -1 iu L =34.49'(T) (1.1 SF) 1.113' A =J JJ'- t " T.P.O.B. L =3.10' / . \ T:P.O.B -- a 0 PROPOSED STATE ACCESS PROHIBITED \ LINE 6/19/2013 ATE bps. DETAIL Q0 SCALE 1'=2' d� a Qp BEARINGS AND DISTANCES SHOWN ARE BASED ON THE CALIFORNIA COORDINATE \ SYSTEM 1927, ZONE 3. MULTIPLY DISTANCES SHOWN BY 1.0000614 TO OBTAIN GROUND LEVEL DISTANCES. Leptien, Cronin, Cooper, Norris do Poore, Inc. dba LCC, Inc. Civil Engineering - Iand 5urveymg 930 Estudillo Street Martinez, California 94553 -1620 (925) 228 -4218 Fax (925) 228 -4638 ,June 2013 LCC JOB No. 2012.012.04