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HomeMy WebLinkAbout03. Authorize amendment to grant of easement - 6 Sleepy Hollow Court, Orinda Page 1 of 4 Item 3. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: APRIL 18, 2019 SUBJECT: ADOPT RESOLUTION NO. 2019-026 (1)AUTHORIZING THE BOARD OF DIRECTORS TO EXECUTE AN AMENDMENT TO A GRANT OF EASEMENT RELATED TO JOB 6597; AND (2)AUTHORIZING STAFF TO RECORD THE DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER SUBMITTED BY: INITIATING DEPARTMENT: STEPHANIE GRONLUND, ASSOCIATE ENGINEERING AND TECHNICAL SERVICES- ENGINEER PDS-DEVELOPMENT SERVI CES-MAINLINE REVI EW REVIEWED BY: DANA LAWSON, SENIOR ENGINEER 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 is required to execute an amendment to an existing grant easement as Central San's real property rights will be modified, and to authorize recording documents with the Contra Costa County Recorder. BACKGROUND To accommodate an expansion of their residential single family home, Colin and Laura Harter, property owners at 6 Sleepy Hollow Court in Orinda (APN 266-040-024), requested that Central San allow the April 18, 2019 Regular Board Meeting Agenda Packet- Page 13 of 91 Page 2 of 4 realignment of an existing public sewer main, installed under Job 1572 and later replaced under Job 4889. Staff agreed and the public sewer was realigned under Job 6597. At the request of staff, the property owners signed an amendment to the existing easement. The purpose of this amendment is to replace the terms of the existing easement by modifying the existing sewer alignment to concur with the new alignment, to increase the width of a new sanitary sewer easement from five feet to fifteen feet, and to upgrade the easement to Central San's current easement language. ALTERNATIVES/CONSIDERATIONS The Board of Directors could decline to amend the existing sanitary sewer easement. This alternative is not recommended since Central San would not have the necessary land rights to reconstruct, maintain, or operate the portion of the public sanitary sewer that is no longer within the existing sewer easement limits. FINANCIAL IMPACTS The amendment of the grant of 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: (1) authorizing President of the Board of Directors and the Secretary of the District to execute to an Amendment to a Grant of Easement related to Job 6597; and (2) authorizing 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 ATTACHMENTS: 1. Proposed Resolution April 18, 2019 Regular Board Meeting Agenda Packet- Page 14 of 91 Page 3 of 4 RESOLUTION NO. 2019-026 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING THE EXECUTION OF AN AMENDMENT TO A GRANT OF EASEMENT RELATED TO JOB 6597, LOCATED IN ORINDA AND AUTHORIZING THE RECORDING OF THE DOCUMENTS WHEREAS, to accommodate an expansion of their residential single family home, Colin and Laura Harter, property owners at 6 Sleepy Hollow Court in Orinda, requested that Central Contra Costa Sanitary District (Central San) allow the realignment of an existing public sewer main, installed under Job 1572 and later replaced under Job 4889. Staff agreed and the public sewer was realigned under Job 6597. At the request of staff, the property owners signed an amendment to the existing easement. WHEREAS, purpose of this amendment is to replace the terms of the existing easement by modifying the existing sewer alignment to coincide with the new sewer alignment, to increase the width of a new sanitary sewer easement from five feet to fifteen feet, and to upgrade the easement document to Central San's current easement language. WHEREAS, the realigned public sanitary sewer was constructed and accepted per Central San's standards, staff recommends the Board authorizes execution and recording of the amendment to the grant of easement. BE IT RESOLVED by the Board of Directors of Central San as follows: THAT Central San here by authorizes execution of an amendment to the existing sanitary sewer easement, which is more specifically referred to as "Amendment to Grant of Easement (Easement for Sanitary Sewer Purposes)" for APN 266-040-024, Parcel 1; and 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 document in the office of the Contra Costa County Recorder. April 18, 2019 Regular Board Meeting Agenda Packet- Page 15 of 91 Page 4 of 4 Central Contra Costa Sanitary District Resolution No. 2019-026 Page 2of2 PASSED AND ADOPTED this 18th day of April, 2019, by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: David R. Williams President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California 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 April 18, 2019 Regular Board Meeting Agenda Packet- Page 16 of 91