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Home My WebLink About07.a. Adopt ResolutionCentral Contra Costa Sanitary District ' BOARD OF DIRECTORS POSITION PAPER Board Meeting Date: JUIy 1, 2010 No.: 7,a. Engineering Type or Action: ADOPT A RESOLUTION Subject: ADOPT A' RESOLUTION ACCEPTING AN AMENDMENT TO A GRANT OF EASEMENT FROM THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY FOR PARCELS LOCATED IN THE CITY OF PLEASANT HILL WITHIN THE IRON HORSE CORRIDOR (DISTRICT PROJECT 1541 -PARCELS 9A, 11 THROUGH 14*), AND AUTHORIZE STAFF TO RECORD DOCUMENTS Submitted By: Initiating Dept/Div.: Stephanie Gronlund, Associate Engineer Engineering/Environmental Services REVIEWED AND RECOMMENDED FOR BOARD ACTION: ~ ~ ~~ ~~- S. n J. M molo-Mills Swanson A. Farrell K. Alm James M. Ily, General Manager A resolution of the Board of Directors is required to accept, amend or quitclaim easements and to authorize staff to record documents. RECOMMENDATION: Adopt a resolution accepting an amendment to a grant of easement from Contra Costa Redevelopment Agency, and authorizing staff to record documents with the Contra Costa County Recorder. FINANCIAL IMPACTS: The District will incur no direct costs, beyond staff time, to record this amendment to the original grant of easement. ALTERNATIVESICONSIDERATIONS: The Board could decline to accept the amendment; however, this is not recommended since it would restrict the District's ability to pertect and adequately enforce the District's land rights along the Iron Horse Corridor, formerly the Southern Pacific Railroad right of way. BACKGROUND: In 1985-86, the District purchased easements from Contra Costa County and the Contra Costa County Redevelopment Agency for existing and future sewers in the former Southern Pacific Railroad right of way (now referred to as the Iron Horse Corridor) when Contra Costa County N 1 V) d I ~c 4 o ,~ ~~-° L~G~M~ o g x JONES RD GEARY SITE ,o Po RD ~ e~ TREAT s ~ A PLEASANT HILL BART STA. s 680 o ~ n~~~ VICINITY MAP N.T.S. N:\ENVRSEC\Position Papers\Gronlund\2010\PP IHC Easement Amend 9A_11-14 -Final 07.01.10.doc Page 1 of 2 POSITION PAPER Board Meeting Date: July 1, 2010 Subject: ADOPT A RESOLUTION ACCEPTING AN AMENDMENT TO A GRANT OF EASEMENT FROM THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY FOR PARCELS LOCATED IN THE CITY OF PLEASANT HILL WITHIN THE IRON HORSE CORRIDOR (DISTRICT PROJECT 1541 -PARCELS 9A, 11 THROUGH 14•), AND AUTHORIZE STAFF TO RECORD DOCUMENTS purchased the right of way from Southern Pacific Transportation Company (SPTC). Because of the lack of surveying information for property boundaries, utility locations and engineering for future pipelines, coupled with the short time frame to acquire the property, language was added to the original grants of easement to allow for adjustment of easement descriptions once the location of the existing and future sewers were known. During the November 6, 2008 Board meeting, the Board approved a memorandum of understanding with Contra Costa County and the Contra Costa County Redevelopment Agency detailing the process for amending the sewer easements within the Iron Horse Corridor. At the same meeting, the Board adopted a resolution accepting the first easement amendment. The staff recommendation is to accept the second easement amendment. Subsequent easement amendments will be brought to the Board for consideration once the survey work has been completed. RECOMMENDED BOARD ACTION: Adopt a resolution accepting an amendment to a grant of easement from the Contra Costa County Redevelopment Agency for parcels located in the City of Pleasant Hill within the Iron Horse Corridor (District Project 1541 - Parcels 9A, 11 through 14), and authorizing staff to record documents. 'Easement parcel numbers are for internal job log use only. N:\ENVRSEC\Position Papers\Gronlund\2010\PP IHC Easement Amend 9A_11-14 -Final 07.01.10.doc Page 2 Of 2 RESOLUTION NO. 2010- A RESOLUTION ACCEPTNG AN AMENDMENT TO THE GRANT OF EASEMENT FROM THE CONTRA COSTA COUNTY REDEVELOPMENT AGENCY, OWNER OF PARCELS LOCATED IN THE CITY OF PLEASANT HILL WITHIN THE IRON HORSE CORRIDOR (DISTRICT PROJECT 1541 -PARCELS 9A AND 11 THROUGH 14) APNs: 148-360-024 (and -030, -031); 148-180-047 (and -048, -049); and 148-0221-016 BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District ("District") as follows: THAT the District hereby accepts the Amendment to the Grant of Easement from the Contra Costa County Redevelopment Agency for parcels of land that are located in the City of Pleasant Hill within the Iron Horse Corridor (District Project 1541 -Parcels 9A and 11 through 14); ahd THAT staff is authorized to record said document in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 1 st day of July 2010, by the Board of Directors of the District by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Michael R. McGill President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California COUNTERSIGNED: Elaine R. Boehme Secretary of the Central Contra Costa Sanitary District County of Contra Costa, State of California Approved as to form: Kenton L. Alm Counsel for the District Central Contra Costa Sanitary District, Contra Costa County, and itra Costa_Co_unty_Redevelopment Agency Board Presentation Stephanie Gronlund July 1, 2010 xLLm, 'Project Backaroiiind ~ _ - -, ~ ,_ `CCCSD iristalletl'sewers`in Southern;Facific ' _`_Railroad (SP) right-of-way under licenses. 'SP ceased-rail operations and ~tlecided to sell• ~ .:right-of-way. ~ ; . =: p~, ~ '~ Countyy"purchased 26 miles of SP right-of-way .m :(now, Iron Horse<Corridor) in 1985. ~•bistrict purchased 19amiles of easements 2 , ~' from_Coun#y`and County Redevelopment - =,-Agency for existing and futuresewers-in Iron ". Horse' Corridor in 1985 ~` ~ ~ ` ~~ • ~ 1 5x 1~ + ~ ~ j .I ~ . "' .ik ./ t C . YI'~ A V 1 ~' ? ti - 2., ~J .1. n ~ `.t e l r. ~- ~r . 3 .~ sv Original Grant of Easements At the time of pui•ctSase, the County & CCCSQ did not,have accurate survey descriptions for ~m Property~bo`urdariest ~~ `~ E. ' ~ Existing sewers- .. ~`. ~ ~:Other utilities;lpipelines, and highway ~ overpass foundations. ~ Purch`ase,schedule.did not allow for`;extensive3` recor•ds;resea~cl',& surveying '. __ Original easements included provisions for I ` adjustments to sewer locations once detailed g field surveys were completed a 1 2008 Board Actions ~. :,(Mitigate Encroachment by Others along IHC) ?'~, i„ '~ ' + Authorized execution of technical `consulting services r° ~ , 'agreement with BKF Engineers for survey work. :r .. -.- ,~ Authorized execution of a Memorandum of ~~ .Understanding (MOtJ) between CCC$D, County and' v:. ~ ~ .County Redevelopment Agency to clarify intent & ' process regarding amendrn locations of the ongmal '" .:. ` easements within •tfe;,lron Horse Corridor'(IHC) ~= ~. ~ Accepted 1 sc Amendment Package {revised, legal • description of original Grant of Easement) arid - - -auttiorizedstaff to record the.documents. ,~ ~ ~~ w ~~ ~• 2