HomeMy WebLinkAbout11. Accept grant of easement for sewer for 19 Moraga Via in Orinda Page 1 of 3
Item 11.
CENTRAL SAN BOARD OF DIRECTORS
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POSITION PAPER
MEETING DATE: NOVEMBER 7, 2019
SUBJECT: ADOPT RESOLUTION NO. 2019-071 ACCEPTING A GRANT OF EASEMENT
FOR SANITARY SEWER PURPOSES FOR 19 MORAGA VIA IN ORI NDA—
PARCEL 4, RELATED TO THE SOUTH ORINDA SEWER RENOVATION
PROJECT PHASE 6, DISTRICT PROJECT 8433
SUBMITTED BY: INITIATING DEPARTMENT:
DANA LAWSON, SENIOR ENGINEER ENGINEERING AND TECHNICAL SERVICES -
PDS - DEVELOPMENT SERVICES - RIGHT OF
WAY
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 is required to accept grants of easements for sanitary sewer
easements to convey real property interest to Central San.
BACKGROUND
The South Orinda Sewer Renovation Project— Phase 6, replaced and rehabilitated approximately 8,900
feet of small diameter sewers located in both public right-of-way and easements within the southern
portion of the City of Orinda, south of Highway 24. The subject easement was acquired as part of an
exchange since the subject property had an unauthorized encroachment of a house over the original sewer
November 7, 2019 Regular Board Meeting Agenda Packet- Page 93 of 414
Page 2 of 3
and easement. The property owner, Jay Ward, located at 19 Moraga Via, Orinda, was in the process of
selling his house and disclosed the sewer project to potential buyers. The owner/seller, Jay Ward,
executed an Easement Relocation Agreement, along with a Grant of Easement.
Upon the property closing on March 4, 2019, the new owners, Jonathan and Samona Taylor, refused to
sign a new Grant of Easement with current vesting. Staff obtained the signed disclosures from the listing
agent who represented Jay Ward, showing the new owners had signed off on all disclosures related to the
sewer project, including a copy of the executed Grant of Easement.At the direction of legal counsel, staff
is now moving forward to record the Grant of Easement executed by the prior owner, Jay Ward.
To provide the necessary land rights to the public sanitary sewers, the prior property owner provided an
executed grant of easement.
A portion of the existing easement may no longer be needed by Central San after this Grant of Easement
is recorded, therefore staff may return to the Board with a follow-up action.
ALT ERNAT IVES/CONSIDERAT IONS
The Board could decline to accept the Grant 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
sewer that was renovated by this capital project.
FINANCIAL IMPACTS
The grant of easement for sewer purposes was acquired at no cost to Central San.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board committee.
RECOMMENDED BOARD ACTION
Adopt the proposed resolution accepting the executed Grant of Easement by the prior property owner,
Jay Ward,APN 270-042-007, Right-of-Way Parcel No. 4.
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. Proposed Resolution
November 7, 2019 Regular Board Meeting Agenda Packet- Page 94 of 414
Page 3 of 3
RESOLUTION NO. 2019-071
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING A GRANT OF EASEMENT DEED RELATED TO THE
SOUTH ORINDA SEWER RENOVATION PROJECT, PHASE 6
DISTRICT PROJECT 8433
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary
District (Central San) as follows:
THAT Central San hereby accepts the easement described in the Grant of Easement
Deed for the South Orinda Sewer Renovation Project, Phase 6, from the prior property
owner as listed below:
Property Owner: Jay Ward
Address: 19 Moraga Via, Orinda, CA 94563
APN: 270-042-007-4
Parcel No. 4
THAT staff is hereby authorized to record said Grant of Easement Deed and said
Quitclaim Deed with the Contra Costa County Recorder.
PASSED AND ADOPTED this 7t" day of November, 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
November 7, 2019 Regular Board Meeting Agenda Packet- Page 95 of 414