HomeMy WebLinkAbout04.b. Adopt Resolution accepting offer of dedication of sewer easements, etc. re Overlook Drive and Paseo Roble Court in Walnut CreekCentral Contra Costa Sanitary District ,
BOARD OF DIRECTORS
POSITION PAPER
Board Meeting Date: October 15, 2015
Subject: ADOPT A RESOLUTION ACCEPTING FROM THE DEVELOPER,
2245 OVERLOOK DRIVE II, LLC, AN OFFER OF DEDICATION OF
SEWER EASEMENTS ON PASEO ROBLE COURT IN WALNUT CREEK,
AND FIVE GRANTS OF IRREVOCABLE OFFERS OF DEDICATION OF
SEWER EASEMENTS (JOB 6538)
Submitted By: Initiating Dept. /Div.:
Stephanie Gronlund, Associate Engineer Engineering & Technical Services /
Planning & Development Services
REVIEWED AND RECOMMENDED FOR BOARD ACTION:
T. Godsey — Senior Engineer ,
D. Gemmell — Planning & Development Services Division Mgr. Kent Alm Roger S. Baile
JM. Petit — Director of Engineering & Technical Services Counsel for the District General Manager
ISSUE: A resolution of the Board of Directors is required to accept offers of dedication
of sewer easements from subdivision maps and grants of irrevocable offers, and to
record the documents with the Contra Costa County Recorder.
BACKGROUND: At the western side of Walnut Creek, located on a private cul -de -sac
off Overlook Drive, the developer, Sean Joy dba 2245 Overlook Drive II, a California
limited liability company, planned and constructed a nine -lot, single family residential
development as part of Subdivision Map 9281 known as Paseo Roble Court. The
subdivision map was filed on October 14, 2013 in Book 518 of Maps, Page 8, as
Document Series No. 13- 243722, ( "Final Map "), well before the District received a
request to review and approve the sewer improvement plans for Job 6538, and the Final
Map language does not comply with District standards.
The Board of Directors historically accepts offers of dedication of sewer easements by
resolution and the timing of this acceptance occurs post construction and District
approval of the sewer. The recommended resolution will accept the offer as depicted
on the Final Map and, since the Final Map did not have the District's standard language,
the resolution also accepts five Grants of Irrevocable Offers of Dedication of Sewer
Easements ( "IOD ") from the developer. Only five of the nine new parcels have the
encumbered sewer easement offers:
1) 810 Paseo Roble Court - (APN: 174 - 110 -019) Parcel 2, Document Series No.
2014 - 0093864 recorded 6/9/14;
2) 816 Paseo Roble Court - (APN: 174 - 110 -020) Parcel 3, Document Series No.
2014 - 0093865 recorded 6/9/14;
3) 811 Paseo Roble Court - (APN: 174 - 110 -024) Parcel 4, Document Series No.
2014 - 0093866 recorded 6/9/14;
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POSITION PAPER
Board Meeting Date: October 15, 2015
subject: ADOPT A RESOLUTION ACCEPTING FROM THE DEVELOPER,
2245 OVERLOOK DRIVE 11, LLC, AN OFFER OF DEDICATION OF
SEWER EASEMENTS ON PASEO ROBLE COURT IN WALNUT CREEK,
AND FIVE GRANTS OF IRREVOCABLE OFFERS OF DEDICATION OF
SEWER EASEMENTS (JOB 6538)
4) 807 Paseo Roble Court - (APN: 174 - 110 -025) Parcel 5, Document Series No.
2014 - 0093867 recorded 6/9/14; and
5) 803 Paseo Roble Court - (APN: 174 - 110 -026) Parcel 6, Document Series No.
2014 - 0093868 recorded 6/9/14.
Subsequent to the recordation of the Final Map and the five IODs, the developer sold
four of the above - listed parcels and the names of the new property owners are stated in
the attached resolution. If the Board concurs with staff's recommendations, the District
will have the necessary sewer easements with the District's standard language for the
public sewers constructed with Job 6538.
Strategic Plan: Adoption of this resolution will further advance District's Goal 6 to
maintain a reliable wastewater infrastructure. Defined easements are necessary to
effectively and efficiently operate and maintain public sewers on private property. In
addition, these easements meet the requirements as outlined in Title 7, Real Property
and Improvements, of District Code and Section 8, Property Rights of Wastewater
Facilities, of latest Standard Specifications.
ALTERNATIVES /CONSIDERATIONS: None.
FINANCIAL IMPACTS: The offers of dedications of sewer easements were acquired at
no cost to the District.
COMMITTEE RECOMMENDATION: None.
RECOMMENDED BOARD ACTION: Adopt a resolution: (1) accepting an offer of
dedication of sewer easements as depicted on Subdivision Map 9281, filed on
October 14, 2013 in Book 518 of Maps, Page 8, as Document Series No. 13- 243722;
(2) accepting five recorded Grants of Irrevocable Offers of Dedication of Sewer
Easements for Parcels 2, 3, 4, 5 & 6 (Job 6538); and (3) authorizing staff to record
documents in the office of the Contra Costa County Recorder.
Attached Supportinq Document:
1. Proposed Resolution
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RECORDING REQUESTED BY:
ATTACHMENT 1
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. 2015 -03.5-
A RESOLUTION ACCEPTING FROM THE DEVELOPER,
2245 OVERLOOK DRIVE II, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY,
AN OFFER OF DEDICATION OF SEWER EASEMENTS FROM SUBDIVISION MAP 9281,
AND ALSO ACCEPTING FROM SAID DEVELOPER
FIVE GRANTS OF IRREVOCABLE OFFERS OF DEDICATION OF SEWER EASEMENTS
AS RELATED TO OVERLOOK DRIVE,
LOCATED IN WALNUT CREEK (JOB 6538)
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 of sewer easements lying within the
city of Walnut Creek, county of Contra Costa, as shown on Subdivision Map 9281, filed
October 14, 2013 in Book 518 of Maps, Page 8, as Document Series No. 13- 243722, ( "Final
Map "), and said offer was made by the developer, 2245 Overlook Drive II, LLC, a California
limited liability company; and
THAT the District hereby accepts from said developer five recorded Grants of Irrevocable
Offers of Dedication of Sewer Easements for Parcels 2, 3, 4, 5, and 6 (Job 6538), see Exhibit
A; and
THAT the President of the Board of Directors and the Secretary of the District are hereby
authorized to execute said documents for and 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 No. 2015 -035
Page 2 of 2
PASSED AND ADOPTED this 15th day of October, 2015, by the Board of Directors of the
District by the following vote:
AYES:
Members:
NOES:
Members:
ABSENT:
Members:
[Notarial acknowledgment required]
Michael R. McGill, P.E.
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
RESOLUTION NO. 2015 — 03.5
EXHIBIT "A"
CURRENT PROPERTY OWNERS OF PREVIOUSLY RECORDED
GRANTS OF IRREVOCABLE OFFERS OF DEDICATION
OF SEWER EASEMENTS
(JOB NO. 6538)
Parcel 2
Assessor's Parcel No.: 174 - 110 -019
Current Property Owner: Frances Marie Robustelli and Tony Randall Robustelli
Site Address: 810 Paseo Roble Court, Walnut Creek, Subdivision 9281
Parcel 3
Assessor's Parcel No.: 174 - 110 -020
Current Property Owner: Erick Montgomery and Christine J. Montgomery
Site Address: 816 Paseo Roble Court, Walnut Creek, Subdivision 9281
Parcel 4
Assessor's Parcel No.: 174 - 110 -024
Current Property Owner: 2245 Overlook Drive II, LLC
Site Address: 811 Paseo Roble Court, Walnut Creek, Subdivision 9281
Parcel 5
Assessor's Parcel No.: 174 - 110 -025
Current Property Owner: Picazo Family Trust
Site Address: 807 Paseo Roble Court, Walnut Creek, Subdivision 9281
Parcel 6
Assessor's Parcel No.: 174 - 110 -026
Current Property Owner: Barbara J. Davies, Trustee
Site Address: 803 Paseo Roble Court, Walnut Creek, Subdivision 9281