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Home My WebLink About06.a. Hearing to consider relinquishment of sewer facility at 1540 N. Calilfornia, Walnut Creek Central Contra Costa Sanitary District 6.a. r BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: October 20, 2016 Subject: CONDUCT A HEARING TO CONSIDER RELINQUISHMENT OF A DISTRICT SEWER FACILITY AT 1540 N. CALIFORNIA, WALNUT CREEK, ADOPT RESOLUTION ORDERING RELINQUISHMENT OF THE SEWER FACILITY CONSTRUCTED WITH JOB 5379, AUTHORIZE EXECUTION OF A QUITCLAIM DEED, AND AUTHORIZE THE RECORDING OF SAID DOCUMENTS 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. JM. Petit—Director of Engineering &Technical Services Kent Alm Roger S. Baffle g g Counsel for the District General Manager ISSUE: A resolution of the Board of Directors is required to relinquish a sewer facility or quitclaim an easement. The Board must conduct a hearing before considering a Resolution for Relinquishment, and a two-thirds vote is required for adoption of the resolution. The District must send the property owner a written notice of the date and time of the Board meeting where the relinquishment hearing will be conducted. BACKGROUND: Located in downtown Walnut Creek at the northeast corner of California Boulevard and Bonanza Street (APNs 178-180-020, 178-180-041, and 178- 180-023), this new development consists of a mixed-use building with 18,000 square feet of QUITCLAIM EXISTING t 169C16S.S.E.1888.268333 =+ retail space on the ground floor and 141 '"'y' ,� apartment rentals on the top floors. To JOB 8370 address the anticipated increased sewer flows, the property owner and developer, 1500 N. California Blvd., LLC, a California R0 IIs LI EXIS limited liability company, (Property Owner), i 'LmE 5521 was conditioned to construct a new public sewer manhole on Bonanza Street, which will be built with Job 6592M. x To have full use of their property without R consideration to District's sewers or easement, the Property Owner sent a letter N 41 c dated January 21, 2015 requesting theA20.3 141 � District relinquish ownership of approximately w15 IPA X411 47 linear feet of an 8-inch public sewer and a Page 1 of 3 POSITION PAPER Board Meeting Date: October 2, 2016 Subject: CONDUCT A HEARING TO CONSIDER RELINQUISHMENT OF A DISTRICT SEWER FACILITY AT 1540 N. CALIFORNIA, WALNUT CREEK, ADOPT RESOLUTION ORDERING RELINQUISHMENT OF THE SEWER FACILITY CONSTRUCTED WITH JOB 5379, AUTHORIZE EXECUTION OF A QUITCLAIM DEED, AND AUTHORIZE THE RECORDING OF SAID DOCUMENTS sanitary sewer manhole, and also requested the District to quitclaim the existing 15'x15' easement. Both of these sewer facilities were installed with Job 5379 and are located on their private property at 1540 California Boulevard (APN 178-180-020). The Property Owner also stated in the letter that they would assume ownership of and maintenance responsibilities for these sewer facilities as shown on the site map on page 1. Relinquishing these sewer facilities and quitclaiming the easement benefits the District as this sewer pipe and manhole only serve the subject parcel and no extension of the public sewer is necessary beyond this location. District Code Section 9.40.030 provides for the Board to consider relinquishment of a District sewer after conducting a properly noticed hearing, and Section 7.03.020 sets the procedure for quitclaiming easements. The required written notice has been sent to 1500 N. California Blvd LLC., the owner of record. Strategic Plan: Adoption of this resolution will further advance District Goal 6, maintain a reliable wastewater infrastructure as defined easements are necessary to effectively and efficiently maintain and operate public sewers on private property. In addition, these easements meet the requirements as outlined in Title 7, Real Property and Improvements, of the District Code and Section 8, Property Rights of Wastewater Facilities, of the latest Standard Specifications for Design and Construction of Sewers. FINANCIAL IMPACTS: The Property Owner paid the applicable fees for preparation, processing and recording the quitclaim deed and resolution. ALTERNATIVES/CONSIDERATIONS: The Board could decline to relinquish the sewer facilities and reject authorizing execution of the quitclaim deed. If the public sewer remains in the District's collection system, encroachments within the existing easement will need to be resolved. COMMITTEE RECOMMENDATION: This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION: 1) Conduct a hearing to consider relinquishment of a public sewer located at 1540 N. California Blvd., Walnut Creek; 2) adopt a resolution ordering relinquishment of the sewer and authorizing execution of a quitclaim Page 2 of 3 POSITION PAPER Board Meeting Date: October 2, 2016 Subject: CONDUCT A HEARING TO CONSIDER RELINQUISHMENT OF A DISTRICT SEWER FACILITY AT 1540 N. CALIFORNIA, WALNUT CREEK, ADOPT RESOLUTION ORDERING RELINQUISHMENT OF THE SEWER FACILITY CONSTRUCTED WITH JOB 5379, AUTHORIZE EXECUTION OF A QUITCLAIM DEED, AND AUTHORIZE THE RECORDING OF SAID DOCUMENTS deed for its associated easement to the property owner, 1500 N. California Blvd., LLC., and 3) authorize recording of the documents with the Contra Costa County Recorder Attached Supporting Document: 1. Proposed Resolution Page 3 of 3 ATTACHMENT 1 RESOLUTION NO. 2016- ADOPT RESOLUTION ORDERING RELINQUISHMENT OF THE SEWER FACILITY CONSTRUCTED WITH JOB 5379, AUTHORIZE EXECUTION OF A QUITCLAIM DEED, AND AUTHORIZE THE RECORDING OF SAID DOCUMENTS WHEREAS, pursuant to District Code Chapter 9.30, it may be necessary for the Central Contra Costa Sanitary District (District), in the best interests of the District and ratepayers, to relinquish ownership and maintenance responsibility for certain sewer facilities that exist on a single property or in a common area of a condominium property; and WHEREAS, 1500 N. California Blvd., LLC., (Owner), the owner of record of the property at 1540 N. California Blvd., Walnut Creek, Assessor Parcel Number: 178-180-020 (Property), has requested that the District relinquish a public sanitary sewer and a public sanitary sewer manhole (Sewer Facilities) within the Property; and WHEREAS, the Owner has also requested that the District quitclaim the associated easement described as "Sub-Parcel A" Irrevocable Offer of Dedication for Sewer Purposes, recorded on April 22, 1999 at the Contra Costa County Recorder's Office as document number 99-0108420 and accepted by the District through Resolution No. 99- 075, A Resolution Accepting an Offer of Dedication at No Charge to the District, Job 5379, Parcel 2, recorded in said Recorder's Office on October 12, 1999 as document number 99-0268868; and WHEREAS, pursuant to District Code 9.30.020, a notice of determination of the District's intent to relinquish sewer facilities was sent to the Owner of the subject property, and said Owner was given a reasonable opportunity to appear and be heard before the Board of Directors of the District on this matter; and WHEREAS, pursuant to District Code 9.30.030, a properly noticed hearing was held on October 20, 2016, at 1:30 p.m. in the Board Room of the District. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the District as follows: THAT, approximately 47 linear feet of an 8-inch public sewer, situated between 60-inch public sewer to public sanitary manhole 117, and said manhole, which both sewer facilities were installed with Job 5379 and are located on the Property, are hereby relinquished to the Owner of said parcel of land; and THAT staff is authorized to execute a quitclaim deed to the Owner; and THAT staff is authorized to record this resolution and the quitclaim deed with the Contra Costa County Recorder. Central Contra Costa Sanitary District Resolution No. 2016- Page 2 of 2 PASSED AND ADOPTED this 20th day of October 2016, by the Board of Directors of the District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad J. Pilecki 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