HomeMy WebLinkAbout03. Adopt resolutions accepting grants of easement in Lafayette Page 1 of 7
Item 3.
CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: DECEMBER 20, 2018
SUBJECT: ADOPT RESOLUTION NO. 2018-053 ACCEPTING GRANTS OF EASEMENT
FOR SANITARY SEWER PURPOSES AS RELATED TO JOB 6556
LOCATED IN LAFAYETTE; ADOPT RESOLUTION NO. 2018-
054 ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER
PURPOSES AS RELATED TO JOB 6589 LOCATED IN LAFAYETTE; AND
AUTHORIZE STAFF TO RECORD DOCUMENTS WITH THE CONTRA
COSTA COUNTY RECORDER
SUBMITTED BY: INITIATING DEPARTMENT:
DANA LAWSON, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES-
PDS-DEVELOPMENT SERVI CES-MAI NLI NE
REVI EW
REVIEWED BY: DANEA GEMMELL, PLANNING AND DEVELOPMENT SERVICES DIVISION
MANAGER
JEAN-MARC PETIT, DIRECTOR OF ENGINEERING AND TECHNICAL
SERVICES
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
A resolution of the Board of Directors (Board) is required to accept a grant of easement for sanitary sewer
easements to convey real estate property interest to Central San and to record the documents with the
Contra Costa County Recorder.
December 20, 2018 Regular Board Meeting Agenda Packet- Page 21 of 168
Page 2 of 7
BACKGROUND
With Jobs 6556 and 6589, both located in Lafayette, the developers constructed public sanitary sewers
within sanitary sewer easements. To provide the necessary land rights to the public sanitary sewers, the
developers provided executed grants of easement.
As the public sanitary sewers were constructed and accepted per Central San's standards, staff
recommends the Board accepts these executed grants of easement for sewer purposes at this time.
Upon acceptance and recording of the executed grants of easement and resolutions, Central San will have
the necessary land rights for the reconstruction, maintenance, and operation of these public sanitary
sewers.
ALTERNATIVES/CONSIDERATIONS
The Board could decline to accept the grants of easement. This alternative is not recommended since
Central San would not have the land rights necessary to reconstruct, maintain, or operate the public
sanitary sewers that have been accepted from the developer and are now owned by Central San.
FINANCIAL IMPACTS
The grants of easement for sanitary sewer purposes were acquired at no cost to Central San.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board committee.
RECOMMENDED BOARD ACTION
Adopt resolutions: (1) accepting the executed grant of easement from developer Ecovive West, LLC, a
California limited liability company; (2) accepting the executed grant of easement from the City of
Lafayette, both related to Job 6556, located in Lafayette; (3) accepting the executed grant of easement
from developer Soldier Field Partners, LLC, a California limited liability company, related to Job 6589,
located in Lafayette; and (4) authorize staff to record the documents with the Contra Costa County
Recorder.
Strategic Plan Tie-In
GOAL FIVE: Maintain a Reliable Infrastructure
Strategy 1 - Manage assets optimally throughout their lifecycle, Strategy 2- Facilitate long-term capital renewal and
replacement
ATTACHMENTS:
1. Location Map
2. Proposed Resolution for Job 6556
3. Proposed Resolution for Job 6589
December 20, 2018 Regular Board Meeting Agenda Packet- Page 22 of 168
Page 3 of 7
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December 20, 2018 Regular Board Meeting Agenda Packet- Page 23 of 168
Page 4 of 7
RESOLUTION NO. 2018-053
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING GRANTS OF EASEMENT FOR SANITARY SEWER EASEMENTS
AS RELATED TO JOB 6556, LOCATED IN LAFAYETTE, AND
AUTHORIZING THE RECORDING OF THE DOCUMENTS
WHEREAS, Developer, Ecovive West, LLC, a California limited liability company, constructed
public sanitary sewers with Job 6556 located in Lafayette; and
WHEREAS, the Developer, who was also the property owner, granted a sanitary sewer
easement to Central Contra Costa Sanitary District (Central San) via a document titled "Grant
of Easement (Sewer Purposes)," which was executed by the Developer on
September 7, 2017; and
WHEREAS, the City of Lafayette, granted a sanitary sewer easement to Central San via a
document titled "Grant of Easement (Sewer Purposes)," which was executed by the City of
Lafayette on August 15, 2017; and
WHEREAS, the public sanitary sewers were constructed and accepted per Central San's
standards, staff recommends the Board of Directors accepts these grants of easement.
BE IT RESOLVED by the Board of Directors of Central San as follows:
THAT Central San hereby accepts the easement as stated in said Grant of Easement, which
is more specifically referred to as "Grant of Easement (Sewer Purposes) for APN 241-010-
053 ROW Parcel 2— Job 6556"; and
THAT Central San hereby accepts the easement as stated in said Grant of Easement, which
is more specifically referred to as "Grant of Easement (Sewer Purposes) for APN 241-010-
052, ROW Parcel 3 — Job 6556"; and
THAT staff is authorized to record the grants of easement with the Contra Costa County
Recorder.
PASSED AND ADOPTED this 20th day of December, 2018, by the Board of Directors of
Central San by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
James A. Nejedly
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
December 20, 2018 Regular Board Meeting Agenda Packet- Page 24 of 168
Page 5 of 7
Central Contra Costa Sanitary District
Resolution No. 2018-053
Page 2of2
COUNTERSIGNED:
Katie Young
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
December 20, 2018 Regular Board Meeting Agenda Packet- Page 25 of 168
Page 6 of 7
RESOLUTION NO. 2018-054
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER EASEMENTS
AS RELATED TO JOB 6589, LOCATED IN LAFAYETTE, AND
AUTHORIZING THE RECORDING OF THE DOCUMENTS
WHEREAS, Developer, Soldier Field Partners, LLC, a California limited liability company,
constructed a public sanitary sewer with Job 6589 located in Lafayette; and
WHEREAS, the Developer, who was also the property owner, granted a sanitary sewer
easement to Central Contra Costa Sanitary District (Central San) via a document titled "Grant
of Easement (Sewer Purposes)", which was executed by the Developer on September 21,
2018; and
WHEREAS, the public sanitary sewer was constructed and accepted per Central San's
standards, staff recommends the Board of Directors accepts this grant of easement.
BE IT RESOLVED by the Board of Directors of Central San as follows:
THAT Central San hereby accepts the easement as stated in said Grant of Easement, which
is more specifically referred to as "Grant of Easement (Sewer Purposes) for APN 238-210-
001 through 009, ROW Parcel 3 — Job 6589"; and
THAT staff is authorized to record the grant of easement and this resolution with the Contra
Costa County Recorder.
PASSED AND ADOPTED this 20th day of December, 2018, by the Board of Directors of
Central San by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
James A. Nejedly
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
December 20, 2018 Regular Board Meeting Agenda Packet- Page 26 of 168
Page 7 of 7
Central Contra Costa Sanitary District
Resolution No. 2018-054
Page 2of2
COUNTERSIGNED:
Katie Young
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
December 20, 2018 Regular Board Meeting Agenda Packet- Page 27 of 168