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HomeMy WebLinkAbout06.m. Adopt Resolution accepting and authorizing execution of a grant of easement from East Bay Municipal Utility District (EBMUD), a public corporation as related to the Rancho Laguna II Project, Subdivision 9330, Job 6576, located in the T centrad San 6. m . r ` BOARD OF D POSITION PAPER Board Meeting Date: APRIL 0, 2 017 Subject: ADOPT A RESOLUTION TO ACCEPT AND AUTHORIZE EXECUTION OF A GRANT OF EASEMENT FROM EAST BAY MUNICIPAL UTILITY DISTRICT, A PUBLIC CORPORATION, AS RELATED TO THE RANCHO LAGUNA II PROJECT, SUBDIVISION 9330, JOB 0576, LOCATED IN THE TOWN OF MORAGA Submitted By: Initiating DeptJDiu.: 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. t`r` n .A r Roger S.Bailey JM. Petit-- Director of Engineering &Technical Services counsel for the Distr' General Manager ISSUE: A resolution of the Board of Directors is required to accept grants of easements that convey any real estate interest to Central San and to record the documents with the Contra Costa County Recorder. BACKGROUND: In 2015, Developer, Summerhill Homes LLC., a California limited liability company, planned and started construction of 27 single family residences in a community named "Rancho Laguna 11" located in the town of Moraga, near Rheem Boulevard, north of St. Mary's Road, as part of Subdivision 9330. The community has been renamed to "Bellavista". The project required offsite improvements and Summerhill Homes built a new public sanitary sewer on East Bay Municipal Utility District (EBMUD) parcel (APN: 255-040-009). Originally, EBMUD requested an unrecorded Revocable License Agreement; however, Central San demonstrated that our agency has recorded,permanent land rights through an existing reservation from a deed recorded January 27, 1905 in Book 4792 OR 357 as Series No. 953. EBMUD concurred and both parties are following the terms of said deed, which allow perfection of land rights through recordation of a Grant of Easement. The Developer has offered sanitary sewer easements through Final Map titled "Subdivision 9330 Ranch Laguna 11" that was filed on July 9, 2015 in Book 524 of Maps at Page 24-44, Series No. 2015-142291. However, staff does not recommend accepting these easement offers until the sewer project is complete. At that time, staff will return to the Board to request acceptance. Strategic Plan: Adoption of this Resolution will further advance Central San's Goal 5, "Maintain a Reliable Infrastructure". 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 Page 1 of 2 M1 POSITION PAPER Board Meeting data: April 6, 2017 subject: ADOPT A RESOLUTION TO ACCEPT AND AUTHORIZE EXECUTION OF A GRANT OF EASEMENT FROM EAST BAY MUNICIPAL UTILITY DISTRICT, A PUBLIC CORPORATION, AS RELATED TO THE RANCHO LAGUNA II PROJECT, SUBDIVISION 9330, JOB 6576, LOCATED IN THE TOWN OF MORAGA Improvements", of District Code and Section 8, "Property Rights of Wastewater Facilities", of latest Standard Specifications for Design and Construction of Sewers. ALTERNATIVESICONSIDERATIONS: None. FINANCIAL IMPACTS: The easement was acquired at no cost to Central San. COMMITTEE RECOMMENDATION: This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION: Adopt a resolution to: (1) Authorize the President of the Board of Directors and the Secretary of the District to accept and execute the Grant of Easement from EBMUD; and (2) Authorize staff to record said document with the Contra Costa County Recorder. Attached Sypporting SupportingDocument: 1. Proposed resolution C:\Users\danderson\AppDatalLocal\MicrosoftlWindows\Temporary Internet Files\Content.Outlook\WIA8HGIB\4-6-17 PP Job 6575.docx Page 2 of 2 ATTACHMENT 1 RESOLUTION NO. 2017-60q ADOPT A RESOLUTION TO ACCEPT AND AUTHORIZE EXECUTION OF A GRANT OF EASEMENT FROM EAST BAY MUNICIPAL UTILITY DISTRICT, A PUBLIC CORPORATION, AS RELATED TO THE RANCHO LAGUNA 11 PROJECT, SUBDIVISION. 93309 JOB 0570, LOCATED IN THE TOWN OF MORAOA BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows: THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to accept and authorize execution of a Grant of Easement (Sewer Purposes) from East Bay Municipal Utility District for an easement that is located on property identified as Assessor Parcel Number 250--040-009 in the town of Moraga, for and on behalf of Central San; and THAT staff is authorized to record the document in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 6th day of April 2017, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Paul H. Causey, P.E. 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