HomeMy WebLinkAbout07. Accept grant of easement and authorize quitclaim deed re 125 Near Court in Walnut Creek Page 1 of 4
Item 7.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: MAY 16, 2019
SUBJECT: ADOPT (1) RESOLUTION NO. 2019-028 ACCEPTING A GRANT OF
EASEMENT RELATED TO THE WALNUT CREEK SEWER RENOVATIONS,
PHASE 13, DISTRICT PROJECT 8455, FROM EINER ELBECKAND ARVID
ELBECK, OWNERS OF THE PROPERTY LOCATED AT 125 NEAR COURT
IN WALNUT CREEK; AND (2) RESOLUTION NO. 2019-029 AUTHORIZING
EXECUTION OF A QUITCLAIM DEED TO THE SPECIFIED PROPERTY
OWNERS
SUBMITTED BY: INITIATING DEPARTMENT:
DAVID KRAMER, SENIOR RIGHT OF WAY ENGINEERING AND TECHNICAL SERVICES -
AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
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
Deeds or grants conveying any real estate interest to Central San cannot be recorded without the consent
of the Board via a resolution of acceptance (Govt. C. 27281).
May 16, 2019 Regular Board Meeting Agenda Packet- Page 167 of 549
Page 2 of 4
BACKGROUND
The subject easement is needed to accommodate a sewer segment realignment included in the Walnut
Creek Sewer Renovations, Phase 13, District Project 8455.
Owner Address APN Price
Einer and Arvid 125 Near Court, Walnut Creek 183-310-019 $0 (Exchange)
Elbeck
Once Central San accepts the new easement from Einer Elbeck and Arvid Elbeck, the sewer pipe will be
relocated within the new easement. In exchange for the new easement, Central San will quitclaim its
original easement.
CEQA
Staff has concluded that this action is exempt from the California Environmental Quality Act (CEQA) under
District CEQA Guidelines Section 15305, since it involves a minor alteration in land use
limitations. Approval of this project will establish the Board's independent finding that this action is exempt
from CEQA.
ALTERNATIVES/CONSIDERATIONS
The sewer main could stay in the existing easement and not be realigned. This alternative is not
recommended because Capital Projects has determined that the sewer main needs to be renovated and
this is the most effective design.
FINANCIAL IMPACTS
None.
COMMITTEE RECOMMENDATION
This item has not been reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
1. Adopt a resolution accepting a Grant of Easement from Einer Elbeck and Arvid Elbeck; and
2. Adopt a resolution authorizing execution of a Quitclaim Deed to Einer Elbeck and Arvid Elbeck.
Strategic Plan re-In
GOAL TWO: Strive to Meet Regulatory Requirements
Strategy 2- Strive to minimize the number of sanitary sewer overflows
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. Proposed Resolution - Grant of Easement
2. Proposed Resolution - Quitclaim Deed
May 16, 2019 Regular Board Meeting Agenda Packet- Page 168 of 549
Page 3 of 4
Attachment 1
RESOLUTION NO. 2019-028
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING A GRANT OF EASEMENT
RELATED TO THE WALNUT CREEK SEWER RENOVATIONS, PHASE 13,
DISTRICT PROJECT 8455
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District
(Central San) as follows:
THAT the Central San hereby accepts a Grant of Easement dated February 22, 2019, from
the following property owners:
Einer Elbeck and Arvid Elbeck
125 Near Court, Walnut Creek (APN: 183-310-019)
THAT staff is authorized to record the document with the Contra Costa County Recorder.
PASSED AND ADOPTED this 16th day of May, 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
May 16, 2019 Regular Board Meeting Agenda Packet- Page 169 of 549
Page 4 of 4
Attachment 2
RESOLUTION NO. 2019-029
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
AUTHORIZING EXECUTION AND RECORDING OF A
QUITCLAIM DEED-EASEMENT RELATED TO THE
WALNUT CREEK SEWER RENOVATIONS, PHASE 13, DISTRICT PROJECT 8455
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary
District (Central San) as follows:
THAT Central San hereby consents to the execution of a "QUITCLAIM DEED-
EASEMENT" to EINER ELBECK AND ARVID ELBECK, Walnut Creek Sewer
Renovations, Phase 13 — Parcel 1-B and Parcel A, dated May 16, 2019;
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 said document with the Contra Costa County
Recorder.
PASSED AND ADOPTED this 16th day of May, 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
May 16, 2019 Regular Board Meeting Agenda Packet- Page 170 of 549