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HomeMy WebLinkAbout04.c. Approve quitclaim deed for an easement to Thomas and Heidi Spirgi (APN 218-361-007)Central Contra Costa Sanitary District BOARD OF DIRECTORS • C • POSITION PAPER Board Meeting Date: November 21, 2013 subject: ADOPT A RESOLUTION APPROVING A QUITCLAIM DEED TO THOMAS SPIRGI AND HEIDI M. SPIRGI, 1671 ST. HELENA DRIVE, DANVILLE (APN 218 - 361 -007) AND AUTHORIZE EXECUTION AND RECORDING OF THE AGREEMENT Submitted By. Lisa Hiddleson, Right of Way Agent REVIEWED AND RECOMMENDED FOR BOARD ACTION. T. Brightbill — Senior Engineer D. Gemmell — Environmental Services Division Manager Initiating Dept. /Div.: Engineering / Environmental Services K. Alm Counsel for the District R. Bailey General Manager ISSUE: Thomas Spirgi and Heidi M. Spirgi (owners), owners of the property at 1671 St. Helena Drive, Danville (APN 218 - 361 -007), have requested that the Board approve a Quitclaim Deed for an easement that was granted to the District but the sewer was never built. RECOMMENDATION: Approve a Quitclaim Deed; authorize the President of the Board and the Secretary of the District to execute the agreement; and authorize staff to record the deed with the Contra Costa County Recorder. FINANCIAL IMPACTS: The property owners have paid the applicable processing fee. ALTERNATIVES /CONSIDERATIONS: The Board may decline approval of the quitclaim and direct staff to disallow the lot line adjustment. BACKGROUND: The owners would like to do a lot line adjustment. There is a 10 -foot District easement along the southern property line that they are planning to adjust. The Town of Danville has requested that the owners have the District easement quitclaimed prior to the Town approving the lot line adjustment. The easement that the owners requested to have quitclaimed does not have a sewer located within the easement. This easement is not needed for District purposes because there is also a 15 -foot District easement along the western property line which has two sewer alignments running through the easement. RECOMMENDED BOARD ACTION: Adopt the proposed resolution approving a Quitclaim Deed to Thomas Spirgi and Heidi M. Spirgi for the property at 1671 St. Helena Drive, Danville (APN 218 - 361 -007); authorize the President of the Board and the Secretary of the District to execute the deed; and authorize staff to record the document with the Contra Costa County Recorder. Attached Supportinq Documents: 1. Proposed Resolution 2. Proposed Quitclaim Deed Page 1 of 1 RESOLUTION NO. 2013- d 38 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT APPROVING A QUITCLAIM DEED WITH THOMAS SPIRGI AND HEIDI M. SPIRGI APN 218- 361 -007 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 Quitclaim Deed (Deed) to Thomas Spirgi and Heidi M. Spirgi, Trustees of the Spirgi Family Trust, for the property located at 1671 St. Helena Drive, Danville, California ( APN 218- 361 -007); and THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to execute the Agreement for and on behalf of the District; and THAT District staff are authorized to record the Agreement in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 21St day of November 2013, by the Board of Directors of the Central Contra Costa Sanitary District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: James 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