HomeMy WebLinkAbout03.f. Rescind 5 resolutions and adopt 5 to replace them to correct techinical defects3�.
Central Contra Costa Sanitary District
' BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: November 6, 2014
Subject: RESCIND FIVE PREVIOUSLY ADOPTED RESOLUTIONS ACCEPTING
OFFERS OF DEDICATION FROM PROPERTY OWNERS DUE TO
TECHNICAL DEFECTS, AND ADOPT FIVE NEW RESOLUTIONS
CORRECTING DEFECTS
Submitted By. Initiating Dept. /Div.:
Tom Godsey, Senior Engineer
Engineering /Environmental Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
D. Gemmell — Environmental Services Division Manager ' `; lw
J. Petit — Engineering Department Director Kent Alm Roger S. Bailey
Counsel for the District General Manager
ISSUE: Resolutions adopted by the Board at the September 18 and October 2, 2014
accepting offers of dedication from various property owners contained technical defects
which need to be corrected before the documents may be recorded.
RECOMMENDATION: Rescind the following five resolutions and readopt five similar
resolutions that conform with the format required by the Contra Costa County
Recorder's Office:
Reso. No.
Description
Adopted
2014 -034
Accepting offer of dedication from property owner Taylor Morrison of
9/18/14
California, LLC (Lafayette) for easement, Job 6521; and authorizing
staff to record documents with the Contra Costa County Recorder.
2014 -035
Accepting offer of dedication from property owner Stein Way
9/18/14
Development Group, LLC (Orinda) for easement, Job 6524; and
authorizing staff to record documents with the Contra Costa County
Recorder.
2014 -036
Accepting offer of dedication from property owner Cambridge Place RE
9/18/14
Investors LLC (Walnut Creek) for easement Job 6543; and authorizing
staff to record documents with the Contra Costa County Recorder.
2014 -037
Accepting offer of dedication from property owner Georgia P. Greiner,
9/18/14
Executor of the Estate of William L. Greiner. (Lafayette) for easement,
Job 6545M; and authorizing staff to record documents with the Contra
Costa County Recorder.
2014 -038
Accepting an offer of dedication from Ryder Tassajara, LLC, (Job
10/2114
6532) and KT Builders, a California corporation (Job 6555), both
located within the Town of Danville, and from John S. Herrington and
Lois H. Herrington (Job 6488) located within the City of Walnut Creek;
and authorizing staff to record documents with the Contra Costa
County Recorder.
N:\ADMINSUP\ADMIN \DIST- SEC \Position Papers\2014 \PP -Off of Ded's Rescind & Readopt Resos 11 -6 -14 Draft 1.docx
Page 1 of 2
POSITION PAPER
Board Meeting Date: November 6, 2014
subject: RESCIND FIVE PREVIOUSLY ADOPTED RESOLUTIONS ACCEPTING
OFFERS OF DEDICATION FROM PROPERTY OWNERS DUE TO
TECHNICAL DEFECTS, AND ADOPT FIVE NEW RESOLUTIONS
CORRECTING DEFECTS
FINANCIAL IMPACTS: None.
ALTERNATIVES /CONSIDERATIONS: The Board could opt not to rescind and readopt
the resolutions but that is not recommended because it is in the District's best interests
to accept the offers of dedication.
BACKGROUND: It has been more than four years since any offers of dedication have
been accepted by the District's Board. During that time, partly due to employee
turnover, and partly because of more strict rules regarding notarization of documents,
the above resolutions did not meet the format for documents to be recorded, nor were
the signatures of the Board President and Secretary of the District notarized at the time
the resolutions were signed. Current notary rules disallow the backdating of notarial
acknowledgments. Therefore, staff, with District Counsel's concurrence, has redrafted
all five resolutions so they will be accepted for recording.
The only changes to the attached proposed resolutions were to re- format them to meet
the requirements of the County Recorder's Office, and to indicate that notarial
acknowledgment is required.
COMMITTEE RECOMMENDATION: This matter was not reviewed by a Board
Committee.
RECOMMENDED BOARD ACTION: Rescind Resolutions 2014 -034 through 2014 -038
and adopt five similar proposed resolutions to replace them which conform with the
format required by the Contra Costa County Recorder's Office and will include notarized
signatures of the Board President and Secretary of the District.
Attached Supporting Documents:
1. Five Proposed Resolutions
N:\ADMINSUP\ADMIN \DIST- SEC \Position Papers\2014 \PP -Off of Ded's Rescind & Readopt Resos 11 -6 -14 Draft 1.docx
Page 2 of 2
RECORDING REQUESTED BY:
CENTRAL CONTRA COSTA SANITARY DISTRICT
AFTER RECORDING RETURN TO:
Central Contra Costa Sanitary District
Environmental Services Division
5019 Imhoff Place
Martinez, CA 94553 -4292
RESOLUTION NO. 2014- 04i0
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING AN OFFER OF DEDICATION
SUBDIVISION 9318, JOB 6521
PARCEL NO. 1
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District (District) as follows:
THAT the District hereby accepts an offer of dedication for an easement lying within the
City of Lafayette within Contra Costa County shown on the Map of Subdivision 9318
filed on August 29, 2012, in Book 515P9 -12 of Maps (Series 12- 209521) offer having
originally been made by Taylor Morrison of California, LLC, the owner of record of the
property underlying said easement at the time of said offer; and
THAT staff is authorized to record said resolution in the Office of the Recorder of Contra
Costa County.
PASSED AND ADOPTED this 6th day of November, 2014 by the Board of Directors of
the Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
(Notarial acknowledgment required)
David R. Williams
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Central Contra Costa Sanitary District
Resolution 20147600
Page 2 of 2
COUNTERSIGNED:
[Notarial acknowledgment required]
Elaine R. Boehme, CIVIC
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
RECORDING REQUESTED BY:
CENTRAL CONTRA COSTA SANITARY DISTRICT
AFTER RECORDING RETURN TO:
Central Contra Costa Sanitary District
Environmental Services Division
5019 Imhoff Place
Martinez, CA 94553 -4292
RESOLUTION NO. 2014-Of/
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING AN OFFER OF DEDICATION
SUBDIVISION 8101, JOB 6524
PARCEL NO. 1
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District ( "District ") as follows:
THAT the District hereby accepts an offer of dedication for an easement lying within the
City of Orinda within Contra Costa County shown on the Map of Subdivision 8101 filed
on November 20, 2012, in Book 515P40 of Maps (Series 12- 294220) offer having
originally been made by Stein Way Development Group, LLC, the owner of record of the
property underlying said easement at the time of said offer; and
THAT staff is authorized to record said resolution in the Office of the Recorder of Contra
Costa County.
PASSED AND ADOPTED this 6th day of November, 2014 by the Board of Directors of
the Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
[Notarial acknowledgment required]
David R. Williams
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Central Contra Costa Sanitary District
Resolution 2014 -0qj
Page 2 of 2
COUNTERSIGNED:
[Notarial acknowledgment required]
Elaine R. Boehme, CIVIC
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
RECORDING REQUESTED BY:
CENTRAL CONTRA COSTA SANITARY DISTRICT
AFTER RECORDING RETURN TO:
Central Contra Costa Sanitary District
Environmental Services Division
5019 Imhoff Place
Martinez, CA 94553 -4292
RESOLUTION NO. 2014- QyZ
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING AN OFFER OF DEDICATION
SUBDIVISION 9357, JOB 6543
PARCEL NO. 2
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District ( "District ") as follows:
THAT the District hereby accepts an offer of dedication for an easement lying within the
City of Walnut Creek within Contra Costa County shown on the Map of Subdivision
9357 filed on November 23, 2013, in Book 518P25 of Maps (Series 13- 276556) offer
having originally been made by Cambridge Place RE Investors LLC, the owner of
record of the property underlying said easement at the time of said offer; and
THAT staff is authorized to record said resolution in the Office of the Recorder of Contra
Costa County.
PASSED AND ADOPTED this 6th day of November, 2014 by the Board of Directors of
the Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
[Notarial acknowledgment required]
David R. Williams
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Central Contra Costa Sanitary District
Resolution 2014-00/2.
Page 2 of 2
COUNTERSIGNED:
[Notarial acknowledgment required]
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
RECORDING REQUESTED BY:
CENTRAL CONTRA COSTA SANITARY DISTRICT
AFTER RECORDING RETURN TO:
Central Contra Costa Sanitary District
Environmental Services Division
5019 Imhoff Place
Martinez, CA 94553 -4292
RESOLUTION NO. 2014 -Q y3
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING AN OFFER OF DEDICATION
SUBDIVISION MS 509 -87, DISTRICT JOB 6545M
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District ( "District ") as follows:
THAT the District hereby accepts an offer of dedication for an easement lying within the
City of Lafayette within Contra Costa County shown on the Map of Subdivision MS509-
87 filed on January 20, 1990 in Book PM144 -39 of Maps (Series 90- 13237) offer having
originally been made by Georgia P. Greiner, Executor of the Estate of William L.
Greiner, the owner of record of the property underlying said easement at the time of
said offer; and
THAT staff is authorized to record said resolution in the Office of the Recorder of Contra
Costa County.
PASSED AND ADOPTED this 6th day of November, 2014 by the Board of Directors of
the Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
[Notarial acknowledgment required]
David R. Williams
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
Central Contra Costa Sanitary District
Resolution 2014 -.OVy
Page 2 of 2
COUNTERSIGNED:
[Notarial acknowledgment required]
Elaine R. Boehme, CIVIC
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
RECORDING REQUESTED BY:
CENTRAL CONTRA COSTA SANITARY DISTRICT
AFTER RECORDING RETURN TO:
Central Contra Costa Sanitary District
Environmental Services Division
5019 Imhoff Place
Martinez, CA 94553 -4292
RESOLUTION NO. 2014-0411
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING AND RECORDING OFFERS OF DEDICATION FROM
RYDER TASSAJARA, LLC, JOB 6532, PARCELS 1 & 1A AND KT BUILDERS, A
CALIFORNIA CORPORATION, JOB 6555, PARCELS 2 AND 3, BOTH LOCATED IN
THE TOWN ON DANVILLE; AND FROM JOHN S. HERRINGTON AND LOIS S.
HERRINGTON, JOB 6488, PARCEL 2 LOCATED IN WALNUT CREEK
NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra
Costa Sanitary District (District) as follows:
THAT the District hereby accepts an offer of dedication for two easements, Parcels 1 &
1A, lying within the Town of Danville within Contra Costa County, recorded on August
25, 2014, Document Series No. 2014 - 0143015 -00 of the Official Records of Contra
Costa County, State of California, said offer having originally been made by Ryder
Tassajara, LLC, the owner of record of the property underlying said easement at the
time of said offer;
THAT the District hereby accepts two offers of dedication for easements lying within the
Town of Danville within Contra Costa County, Parcel 3 recorded on August 27, 2014,
Document Series No. 2014 - 0145047 -00 and Parcel 2 recorded on September 18, 2014,
Document Series No. 2014 - 0159025 -00 of the Official Records of Contra Costa County,
State of California, said offer having originally been made by KT Builders, a California
Corporation, the owner of record of the property underlying said easement at the time of
said offer;
THAT the District hereby accepts an offer of dedication for an easement lying within the
City of Walnut Creek within Contra Costa County shown on the Map of Subdivision
8100 filed on May 17, 2007, in Book 504P1 of Maps (Series 07- 145434), offer having
originally been made by John S. Herrington and Lois H. Herrington, the owners of
record of the property underlying said easement at the time of said offer;
THAT the President of the Board of Directors and the Secretary of the District are
hereby authorized to execute said documents on behalf of the District; and
THAT staff is authorized to record the documents in the office of the Recorder of Contra
Costa County.
Central Contra Costa Sanitary District
Resolution 2014 -oyy
Page 2 of 2
PASSED AND ADOPTED this 6th day of November, 2014 by the Board of Directors of
the Central Contra Costa Sanitary District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
[Notarial acknowledgment required]
David R. Williams
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
COUNTERSIGNED:
[Notarial acknowledgment required]
Elaine R. Boehme, CIVIC
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