HomeMy WebLinkAbout06.n. Adopt four resolutions regarding real property interests related to a residential community of 56 condominium units known as Woodbury (Sewer Job 6544) located near downtown Lafayette 6. n .
Central San
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BOARD OF DIRECTORS
.. ................. POSITION PAPER
Board Meeting Date: April 6, 2017
Subject: ADOPT RESOLUTIONS ACCEPTING OFFERS OF DEDICATION,
EXECUTING QUITCLAIM DEEDS, TERMINATING A REAL PROPERTY
AGREEMENT, AND AUTHORIZING AN AMENDMENT TO A GRANT OF
EASEMENT RELATED TO WOGDBURY JOB 6544 LOCATED NEAR
DOWNTOWN LAFAYETTE
Submitter!By. Initiating DeptdDiv.:
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.JMKent Alm Roger S.Bailey
. Petit—Director of Engineering &Technical services Counsel for the Distri General Manager
ISSUE: A resolution of the Board of Directors is required to accept offers of dedication,
execute quitclaim deeds, terminate real property agreements, and authorize
amendments to grants of easements to convey or alter any real estate interest to
Central San and record with the Contra Costa County Recorder.
BACKGROUND: Located near downtown Lafayette, The New Home Company
Northern California LLC, a Delaware limited liability company, planned and constructed
a residential community of 50 condominium units known as Woodbury. This project
realigned and abandoned existing public sewer mains on the property and adjacent
properties.
The Board of Directors historically accepts easements by resolution. This position
paper recommends adoption of four resolutions to address acceptance of new or
amended land rights for new public sewers, authorize execution of quitclaim deeds for
abandoned public sewers, and to terminate a real property agreement no longer
necessary.
Page 1 of 3
POSITION PAPER
Board Meeting Date: April 6, 2017
Subject- ADOPT RESOLUTIONS ACCEPTING OFFERS OF DEDICATION,
EXECUTING QUITCLAIM DEEDS, TERMINATING A REAL PROPERTY
AGREEMENT,,AND AUTHORIZING AN AMENDMENT TO A GRANT OF
EASEMENT RELATED TO WOODBURY JOB 6. 544 LOCATED NEAR
DOWNTOWN LAFAYETTE
RESO Property Owner Accept Authorize
1 The New Home Company Some, not all, - Quitclaim Deeds
Northern California LLC, a Easements as (Parcels A, C1, D)
Delaware limited liability shown on Final -Terminate Real
company Map(Parcel 2) Property Agreement
(C2)
2 Oak Hill West Realty, LLC Irrevocable Offer Quitclaim Deed
of Dedication (Parcel E)
Parcel 3
3 Outdo 3742 Mount Diablo LLC, a -Amendment to
California limited liability Existing Grant of
company Easement(Parcel 4)
-Quitclaim Deed
Parcel F
4 Lafayette Vistas, LP(as to 80%), Quitclaim Deed
Lafayette Joseph LLC (as to (Parcel B)
10%), Lafayette Dumont LLC (as
to 10%
Strategic Plan: Adoption of these resolutions 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
Improvements", of District Code and Section 8, "Property Rights of Wastewater
Facilities", of the latest Standard Specifications for Design and Construction of Sewers.
ALTERNATIVES/CONST DE RATIONS: None.
FINANCIAL IMPACTS: The offer of dedication, easement amendment, and easement
exchanges were acquired at no cost to Central San.
COMMITTEE RECOMM-ENDATION: This matter was not reviewed by a Board
Committee.
Page 2 of 3
POSITION PAPER
Board Meeting Date: April 6, 2017
subject: ADOPT RESOLUTIONS ACCEPTING OFFERS OF DEDICATION,
EXECUTING QUITCLAIM DEEDS, TERMINATING A REAL PROPERTY
AGREEMENT, AND AUTHORIZING AN AMENDMENT TO A GRANT OF
EASEMENT RELATED TO WOODBURY JOB 6544 LOCATED NEAR
DOWNTOWN LAFAYETTE
RECOMMENDED BOARD ACTION:
• Adopt Resolution 1: (1a) Accept Offer of Dedication for Sanitary Sewer
Easements from The New Home Company, Inc., a Delaware Corporation
(Parcel 2); (1 b) Authorize Execution of Quitclaim Deeds to The New Home
Company, Inc., a Delaware Corporation (Parcels A, C1 and D); (1 c) Terminate a
Real Property Agreement (Parcel C2);
• Adopt Resolution 2: (2a) Accept an Irrevocable Offer of Dedication from Oak Hill
West Realty, LLC (Parcel 3); (2b) Authorize Execution of Quitclaim Deed
(Parcel E);
• Adopt Resolution 3: (3a) Authorize Execution of an Amendment to a Grant of
Easement with Outdo 3742 Mount Diablo LLC (Parcel 4); (3b) Authorize
Execution of Quitclaim Deed to Outdo 3742 Mount Diablo LLC (Parcel F);
• Adopt Resolution 4-. (4a) Authorize Execution of a Quitclaim Deed to Lafayette
Vistas, LP (as to 80%), Lafayette Joseph LLC (as to 10%), Lafayette
Dumont LLC (as to 10%) (Parcel B);
• Authorize the President of the Board of Directors and the Secretary of the District
to execute one amendment to a grant of easement and five quitclaim deeds; and
• Authorize staff to record said documents with the Contra Costa County Recorder.
Attached Supporting Documents:
1. Proposed Exhibit 1 — Map of Woodbury Sewer Property Rights Job 6544
2. Proposed Resolutions (4)
Page 3 of 3
ATTACHMENT 1
30—Mar-2017 K:\Projects\_specialmops\_RoW\Autocad\Exhibit_Board.dwg
OAK HILL WEST PCL 4 /
LAFAYETTE PCL 3 (1. 0. D.) (AMEND
PCL B VISTAS, JOSEPH GOE)7 , /OUTDO
(QCD) DUMONT �/ PCL F
(QCD
Q� PRIV E SEWER
PCL E /
�
(QCD) THE NEW HOME '
I PCL C1 � ' PCL D COMPANY
(QCD) PCL cz (QCD) NORTHERN �
I (TERMINATE RPA)� � CALIFORNIA LLC �
'0000 001!00
000t
000t
I PCL 2 (FINAL MAP) d'.: �
I PCL A I
(QCD) I
PC LEGEND:
NEW SEWER
EXISTING SEWER ABANDONED
(QUITCLAIM)
QCD QUITCLAIM DEED
RPA REAL PROPERTY AGREEMENT
IOD IRREVOCABLE OFFER OF DEDICATION
GOE GRANT OF EASEMENT
O
Central Contra Costa Exhibit
Sanitary District WOODBURY SEWER PROPERTY RIGHTS
JOB 6544
1
ATTACHMENT 2
RESOLUTION NO. 2017-005w'
A RESOLUTION TO ACCEPT OFFER OF DEDICATION FOR
SANITARY SEWER EASEMENTS FROM THE NEW HOME COMPANY, INC.,
A DELAWARE CORPORATION (PARCEL 2),
AUTHORIZE EXECUTION OF QUITCLAIM DEEDS TO
THE NEW HOME COMPANY, INC.,
A DELAWARE CORPORATION (PARCELS A, C1, AND D), AND
TERMINATE A REAL PROPERTY AGREEMENT (PARCEL C2) RELATED TO
WOODBURY JOB 6544, SUBDIVISION MAP 9193, LOCATED IN LAFAYETTE
WHEREAS, as part of Sewer Jeb 6544 The New Home Company Northern California
LLC, a Delaware limited liability company (Developer) constructed new and realigned
public sanitary sewers on lands owned by the Developer, and on lands owned by
others. The lands of the Developer will be collectively referred to as "On-Site Sanitary
Sewer Improvement Parcels" and the lands of others will be collectively referred to as
the "Offsite Sanitary Sewer Improvement Parcels"; and
WHEREAS, on the On-Site Sanitary Sewer Improvement Parcels the properties are
owned by The New Home Company, a Delaware Corporation (Owner) and these
parcels are located east of Risa Road and north of Mount Diablo Road, Lafayette, APNs
241-330-008 through 241-330-010, 241-330-012 and 241-330-013 (Properties) and at
this location was an existing six-inch and eight-inch public sewers. Central Contra
Costa Sanitary District (Central San) acquired land rights to sewers through three Grant
of Easements (GOE) and issued one Real Property Agreement (RPA) that permitted an
encroachment. These documents were recorded in the Official Records in the Office of
Contra Costa county Records as listed below:
New ROW Existing Document Existing Recording Info
Parcel Sewer ROW
Description Parcel
A 6 inch GOE 2179 - 1 0900 OR 404, Series 28672,
3/28/1973
C1 8 inch GOE 2898 - 1 5492 OR 680, Series 124148,
9/2/1977
C2 8 inch RPA 2898 - 1 8492 OR 666, Series 124144,
9/2/1977
D 8 inch GOE 2898 - 3 8492 OR 686, Series 124150,
9/2/1977
WHEREAS, the public sewer was relocated as part of this project and for the new sewer
alignment the Owner offered sanitary sewer easements (SSE) to Central San on Final
Map titled, "Subdivision 9193 for Condominium Purposes, the Woodbury", that was on
Resolution No. 2017-00,4'
Central Contra Costa Sanitary District
Page 2of3
August 11, 2014 as Series No. 14-133125, Book 521 of Maps, at Page 20, in the Office
of Contra Costa County's Recorder's Office (Parcel 2);
WHEREAS, said Final Map was filed prior to acceptance of the final approval of sewer
improvement plans and the Final Map depicts some SSE parcels that were offered, but
should not be accepted by Central San as public sewers were not installed in these
locations;
WHEREAS, due to the.relocation of the public sewer the above-listed existing SSEs are
no longer necessary and quitclaim deeds to the Owner (Parcel A, C1, and D) will
unencumber the easements no-longer required by Central San;
WHEREAS, said RPA (Parcel C2) is no longer necessary as the previous structure is
no longer encroaching on a public sewer; and
WHEREAS, the new public sewer constructed and the abandonment of the public
sewer on the Property were accepted by Central San.
BE IT RESOLVED by the Board of Directors of Central San as follows:
THAT Central San hereby does accept the offered SSEs for Parcels A, B, C, E, and F
as listed on the easement dedication log located on Sheet 5 of 7 of said Final Map
(Parcel 2);
THAT Central San hereby does not accept the offered SSEs for Parcel G and Lots 1
and 5 as listed on the easement dedication log located on Sheet 5 of 7 of said Final
Map;
THAT Central San hereby does authorize the execution of said Quitclaim Deeds to
Owner (Parcel A, C1, and D);
THAT, said RPA (Parcel C2) is no longer necessary as the previous structure is no
longer encroaching on a public sewer and shall be terminated with recordation of this
resolution; and
THAT staff is authorized to record the documents in the office of the Recorder of Contra
Costa County.
Resolution No. 2017- 005
Central contra Costa Sanitary District
Page 3 of 3
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
RESOLUTION NO. 2017-004
A RESOLUTION TO ACCEPT AN IRREVOCABLE OFFER OF DEDICATION FROM
OAK HILL WEST REALTY, LLC (PARCEL 3) AND
AUTHORIZE EXECUTION OF QUITCLAIM DEED TO
OAK HILL WEST REALTY, LLC (PARCEL E) RELATED TO
WOODBURY JOB 6544, SUBDIVISION MAP 9193, LOCATED IN LAFAYETTE
WHEREAS, as part of Sewer. Job 6544 The New Home Company Northern California
LLC, a Delaware limited liability company (Developer) constructed new and realigned
public sanitary sewers on lands awned by the Developer, and on lands owned by
others. The lands of the Developer will be collectively referred to as "On-Site sanitary
Sewer Improvement Parcels" and the lands of others will be collectively referred to as
the "Offsite Sanitary Sewer Improvement Parcels
WHEREAS, one of the Offsite Sanitary Sewer Improvement Parcels is property awned
by Oak Hill West Realty, LLC, a California limited liability company (Owner) and is
located at 3746 Mount Diablo Road, Lafayette, APN 241-010-047 (Property) and at this
location is an existing eight-inch public sewer. Central Contra Costa Sanitary District
(Central San) acquired land rights to this sewer through a Grant of Easement that was
recorded on September 2, 1977 in Book 8492 at Page 583 of Official Records in the
Office of Contra Costa County Records;
WHEREAS, with this project the public sewer was relocated as part of this project and
the Owner offered a sanitary sewer easement to Central San with a Grant of Irrevocable
Offer of Dedication OOD) that was recorded on July 12, 2016 as Document Series
Number 2016-0137369 in the Office of Contra costa County's Recorder's Office
(Parcel 3);
WHEREAS, due to the relocation of the public sewer a portion of the existing sanitary
sewer easement is no longer necessary and a quitclaim deed to the Owner (Parcel E)
will unencumber this portion of the easement no longer required by Central San; and
WHEREAS, the newly constructed public sewer and the abandonment of the existing
public sewer on the Property were accepted by Central San.
BE IT RESOLVED by the Board of Directors of central San as follows:
THAT Central San hereby accepts the IOD (Parcel B) from said Owner;
THAT Central San hereby does authorize the execution of said Quitclaim Deed to
Owner (Parcel F); and
THAT staff is authorized to retard the documents in the office of the Recorder of Contra
Costa County.
Resolution No. 2017- 00&
Central Contra Costa Sanitary District
Page 2 of 2
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
RESOLUTION NO. 2017-vol
A RESOLUTION TO AUTHORIZE EXECUTION OF AN AMENDMENT TO
A GRANT OF EASEMENT WITH OUTDO 3742 MOUNT DIABLo LLC (PARCEL 4) AND TO
AUTHORIZE EXECUTION OF QUITCLAIM DEED TO
OUTDO 3742 MOUNT DIABLo LLC (PARCEL F) RELATED TO
WOODBURY JOB 0544, SUBDIVISION MAP 9193, LOCATED IN LAFAYETTE
WHEREAS, as part of sewer Job 0544 The New Home Company Northern California LLC, a
Delaware limited liability company (Developer) constructed new and realigned public sanitary
sewers on lands owned by the developer, and on lands owned by others. The lands of the
Developer will be collectively referred to as "On-Site Sanitary Sewer Improvement Parcels"
and the lands of others will be collectively referred to as the "Offsite Sanitary Sewer
Improvement Parcels";
WHEREAS, one of the Offsite Sanitary Sewer Improvement Parcels is property owned by
Outdo 3742 Mount Diablo LLC, a California limited liability company (Owner) and is located at
3742 Mount Diablo Boulevard, Lafayette, APN 241-010-042 (Property) and at this location is
an existing eight-inch public sewer. Central Contra Costa Sanitary District (Central San)
acquired land rights to this sewer through a Grant of Easement that was recorded on
September 2, 1977 in Book 8492 at Page 683 of official Records in the office of Contra
Costa County Records;
WHEREAS, the public sewer was relocated as part of this project, and the Owner agreed to
sign an amendment to the original grant of easement (Parcel 4) to amend the legal
description to reflect the new sewer alignment;
WHEREAS, due to the relocation of the public sewer, a portion of the existing sanitary sewer
easement is no longer necessary and a quitclaim deed to the owner (Parcel F) will
unencumber this portion of the easement no longer required by Central San; and
WHEREAS, the new public constructed and the abandonment of the public sewer on the
Property were accepted by Central San.
BE IT RESOLVED by the Board of Directors of Central San as follows:
THAT Central San hereby does authorize the execution of said Amendment to Grant of
Easement from owner (Parcel 4);
THAT Central San hereby does authorize the execution of said Quitclaim Deed to owner
(Parcel F);
Resolution No. 2017-007
Central contra costa Sanitary District
Page 2 of 2
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 Central San; and
THAT staff is authorized to record the documents in the office of the Recorder of Contra
Costa County.
PASSED AND ADOPTED this Vhday 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
RESOLUTION NO. 2017-008'
A RESOLUTION TO AUTHORIZE EXECUTION OF A QUITCLAIM DEED TO
LAFAYETTE VISTAS, LP (AS TO 80/0), LAFAYETTE JOSEPH LLC (AS To 10%)3
LAFAYETTE DUMONT LLC (AS TO 10%) (PARCEL B) RELATED TO
WOODBURY JOB 0544, SUBDIVISION MAP 9193, LOCATED IN LAFAYETTE
WHEREAS, as part of Sewer Job 5544 The New Home company Northern California LLC, a
Delaware limited liability company (Developer) constructed new and realigned public sanitary
sewers on lands owned by the Developer, and on lands owned by others. The lands of the
Developer will be collectively referred to as "On-Site Sanitary Sewer Improvement Parcels"
and the lands of others will be collectively referred to as the "Offsite sanitary Sewer
Improvement Parcels";
WHEREAS, one of the Offsite Sanitary Sewer Improvement Parcels is property owned by
Lafayette Vistas, LP (as to 80%), Lafayette Joseph LLC (as to 10%), Lafayette Dumont LLC
(as to 10%) (Owner) and is located at 966 Risa Road, Lafayette, APN 241-010-032
(Property) and at this location was an existing six-inch public sewer., Central Contra costa
Sanitary District (Central San) acquired land rights to this sewer through a Grant of Easement
that was recorded on March 28, 1973 in Book 5900 at Page 405 as Document Series No.
28873 of Official Records in the office of Contra Costa County Records;
WHEREAS, the abandonment of the public sewer on the Property was accepted by Central
San; and
WHEREAS, with this project the public sewer was relocated off this property and no public
sewer exists at this location, and a quitclaim deed to the Owner (Parcel B) will unencumber
this land of a sanitary sewer easement no longer required by Central San.
BE IT RESOLVED by the Board of Directors of the Central San as follows:
THAT Central San hereby does authorize the execution of said Quitclaim Deed to owner
(Parcel B);
THAT the President of the Board of Directors and the Secretary of the District are hereby
authorized to execute said document for and on behalf of Central San; and
THAT staff is authorized to record the documents in the office of the Recorder of Contra
Costa County.
Resolution No. 2017-
Central
017-
Central Contra Costa Sanitary District
Page 2 of 2
PASSED AND ADOPTED this 6thday 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