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HomeMy WebLinkAbout05. Authorize quitclaim deed re 1394 Walden Road in Walnut Creek Page 1 of 3 Item 5. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: NOVEMBER 21, 2019 SUBJECT: ADOPT RESOLUTION NO. 2019-072 AUTHORIZING EXECUTION OF A QUITCLAIM DEED TO EZATOLLAH SAI IDNIA, JANI TSENG, AMIR KAZEMI, HABIBOLLA SAI IDNIA AND FARZANEH GHAFFARI FOR THE PROPERTY LOCATED AT 1394 WALDEN ROAD IN WALNUT CREEK, JOB NO. 1554 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 A resolution of the Board of Directors is required to accept or quitclaim easements and record documents. BACKGROUND On October 19, 1954, Central San was granted an easement over a portion of 1394 Walden Road in Walnut Creek. Since then, Central San has not used that easement for its sewer construction and instead installed its pipeline along a different route. The property owner is now requesting that Central San quitclaim this easement so that it no longer encumbers his property. November 21, 2019 Regular Board Meeting Agenda Packet- Page 34 of 91 Page 2 of 3 ALTERNATIVES/CONSIDERATIONS The Board could decline to quitclaim the unused easement although that action could result in the property owner pursuing legal action against Central San in order to clear title on the property. FINANCIAL IMPACTS None. A development-related fee was paid by the property owner to process the quitclaim, as set by District Ordinance No. 302. COMMITTEE RECOMMENDATION This matter was not reviewed by a Board Committee. RECOMMENDED BOARD ACTION Adopt the proposed resolution authorizing execution and recording of a Quitclaim Deed to Ezatollah Saiidnia, Jani Tseng, Amir Kazemi, Habibolla Saiidnia and Farzaneh Ghaffari for the property located at 1394 Walden Road in Walnut Creek, Job No. 1554. Strategic Plan Tie-In GOAL ONE: Provide Exceptional Customer Service Strategy 1 - Build external customer relationships and awareness GOAL FIVE: Maintain a Reliable Infrastructure Strategy 1 - Manage assets optimally throughout their lifecycle ATTACHMENTS: 1. Proposed Resolution November 21, 2019 Regular Board Meeting Agenda Packet- Page 35 of 91 Page 3 of 3 RESOLUTION NO. 2019-072 A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF A QUITCLAIM DEED-EASEMENT TO EZATOLLAH SAIIDNIA, JANI TSENG, AMIR KAZEMI, HABIBOLLA SAIIDNIA AND FARZANEH GHAFFARI JOB NO. 1554 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 Ezatollah Saiidnia and Jani Tseng, husband and wife as community property with right of survivorship, as to an undivided 33.34%; Amir Kazemi, a married man, as to an undivided 33.33%; Habibollah Saiidnia and Farzaneh Ghaffari, husband and wife as community property with right of survivorship as to an undivided 33.33% as Tenants in Common Job No. 1554, dated November 21 , 2019; 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 said document in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 21St 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 21, 2019 Regular Board Meeting Agenda Packet- Page 36 of 91