HomeMy WebLinkAbout05. Accept grant of easement and authorize quitclaim deed for property in Lafayette Page 1 of 5
Item 5.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: AUGUST 20, 2020
SUBJECT: ADOPT RESOLUTION NO. 2020-027 (1)ACCEPTING GRANT OF
EASEMENT FROM 17 CERRO ENCANTADO, LAFAYETTE, (2)
AUTHORIZING EXECUTION OF QUITCLAIM DEED TO THE SAME
PROPERTY OWNERS FOR ABANDONED EASEMENT, AND (3)
AUTHORIZING STAFF TO RECORD DOCUMENTS WITH THE CONTRA
COSTA COUNTY RECORDER
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 a Grant of Easement, execute a Quitclaim
Deed for a sanitary sewer, and to record the documents with the Contra Costa County Recorder.
BACKGROUND
I n 2015, the property owner submitted an application for an Encroachment Verification with the Permit
Counter for the construction of a new home on an undeveloped parcel. At the time, staff believed that the
August 20, 2020 Regular Board Meeting Agenda Packet- Page 41 of 200
Page 2 of 5
sewer pipe had been relocated in the mid-1990s, and that the home would not encroach into the easement
and the plans were stamped-off by Central San.
When construction for the new house's foundation began in June 2020, the existing sewer was exposed.
Survey determined that the alignment shown in GeoPortal was incorrect and that the partial realignment of
the sewer in the mid-1990s, made by Collection System Operations (CSO)to improve ability to clean the
pipe, was outside of the original five-foot easement. Right-of-Way determined that no easement
adjustments were made when the sewer was partially realigned.
To resolve the situation, the property owner offered a new 15-foot easement, in compliance with current
requirements, in exchange for Central San realigning the sewer further from the house and quitclaiming the
older five-foot easement. I n consideration of the exchange of values, the property owner and Central San
entered into an Easement Agreement and the CSO Division realigned approximately 75 feet of eight-inch
sewer main and one manhole (see Attachment 1).
ALTERNATIVES/CONSIDERATIONS
The Board could decline to accept the Grant of Easement and not approve the Quitclaim Deed. This
alternative is not recommended since the sewer has been relocated per the terms of the agreement, and
the easement exchange ensures that the sewer pipe is within an easement so that Central San has
appropriate rights to operate, maintain, and replace the sanitary sewer.
FINANCIAL IMPACTS
The easement was acquired at no cost to Central San since it was part of the easement relocation on the
same property.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board committee.
RECOMMENDED BOARD ACTION
Adopt proposed resolution (1) accepting grant of easement from 17 Cerro Encantado inLafayette, (2)
authorizing execution of quitclaim deed to the same property owners for abandoned easement, and (3)
authorizing staff to record documents with the Contra Costa County Recorder
Strategic Plan Tie-In
GOAL ONE: Customer and Community
Strategy 1—Deliver high-quality customer service
GOAL FIVE:Infrastructure Reliability
Strategy 1—Manage assets optimally to prolong their useful life
ATTACHMENTS:
1. Right-of-Way Sewer Map
2. Proposed Resolution
August 20, 2020 Regular Board Meeting Agenda Packet- Page 42 of 200
EXHIBIT "B"
Page 3 of 5
Attachment 1
CENTRAL CONTRA COSTA SANITARY DISTRICT
RIGHT OF WAY MAP for SEWER
POC
MCSORL EY-WETTON
DN 2007-26359
S APN 241- 161-031
V
BOYER CIRCLE TRUST >>1>'
DN 2018- 178989 �9Ro''
APN 241- 161-026 F
S
15' WIDE SSE 68p110,
POT 1 ,280 SQ. FT
MITCHELL �,��,�� ��
DN 2005-342862 p iii�tij 7 6 16' '
APN 241- 161-006
POB
\ 0
5' WIDE SSE /
PER 1311 OR 405
(JOB 1533, PARCEL 50) \/
TO BE QUITCLAIMED
3 CERRO ENCANTADO LLC
DN 2014-45333
w APN 241- 161-024 CERRO ENCANTADO LLC
DN 2015-45736
o { ja APN 241- 161-033
' I I
U �
3
w LINE TABLE
ILINEI BEARING IDISTANCE
L1 S 62`09'37" W 10.77
LEGEND
POB POINT OF BEGINNING CURVE TABLE
POC POINT OF COMMENCEMENT I CURVE IRADIUS I LENGTH I DELTA
POT POINT OF TERMINUS IC1 1286.5018.08 1°36'58"
(R) RADIAL BEARING
DRAWN BY: CHECKED BY: SYSTEM MAP: JOB NO.:
JR GSTJ 72A4 1533
SCALE: DATE: ASSESSOR'S PARCEL NO.(APN): PARCEL NO.:
1" = 30' 7/24/2020 241-161-024 50A
August 20, 2020 Regular Board Meeting Agenda Packet- Page 43 of 200
Page 4 of 5
Attachment 2
RESOLUTION NO. 2020-027
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING GRANT OF EASEMENT AND
AUTHORIZING THE EXECUTION OF A QUITCLAIM DEED
RELATED TO JOB 1533, LOCATED IN LAFAYETTE
WHEREAS, Property Owner, Cerro Encantado LLC, a California limited partnership,
requested Central Contra Costa Sanitary District (Central San) relocate an eight-inch
sewer main and sewer easement to accommodate development at 17 Cerro Encantado
and offered an upgraded 15-foot easement in exchange. Central San concurred and the
sewer relocation consisted of installing a new sewer main and abandoning a portion of
the existing sewer; and
WHEREAS, for the new sewer main portion of work, the Property Owner offered a
sanitary sewer easement to Central Contra Costa Sanitary District (Central San) via a
recorded document titled "Grant of Easement (Sewer Purposes)"; and
WHEREAS, for the abandoned portion of the existing sewer, Central San will execute a
"Quitclaim Deed - Easement" that will relinquish a portion of the existing easement that
is no longer used; and
WHEREAS, the realigned public sanitary sewer was constructed and accepted per
Central San's standards, staff recommends the Board of Directors accepts the sanitary
sewer easement.
BE IT RESOLVED by the Board of Directors of Central San as follows:
THAT Central San hereby accepts the sanitary sewer easement as stated in the
"Grant of Easement (Sewer Purposes)" for APN 241-161-024; and
THAT Central San hereby authorizes the execution of the document entitled
"Quitclaim Deed - Easement," APN 241-161-024 (portion of Job 1533) Parcel 50;
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 this Resolution and above-mentioned
documents with the Contra Costa County Recorder.
August 20, 2020 Regular Board Meeting Agenda Packet- Page 44 of 200
Page 5 of 5
Central Contra Costa Sanitary District
Resolution No. 2020-027
Page 2 of 2
PASSED AND ADOPTED this 20th day of August, 2020, by the Board of Directors of
Central San by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
Michael R. McGill, P.E.
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
August 20, 2020 Regular Board Meeting Agenda Packet- Page 45 of 200