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Home My WebLink About04.b. Adopt resolution accepting an irrevocable offer of dedication from Moraga 1 INV LLCItem 4.b. BOARD OF DI RECTORS POSIT ION PA PER DRAFT M E E T ING D AT E:J ULY 20, 2021 S UB J E C T: R E V I E W D R A F T P O S I T I O N PA P E R TO A D O P T R E S O L UT I O N NO. 2021- A C C E P T I NG A N I R R E V O C A B L E O F F E R O F D E D I C AT I O N F R O M MO R A G A 1 I NV L L C ; A UT HO R I Z I NG E X E C UT I O N O F Q UI T C L A I M D E E D TO MO R A G A 1 I NV L L C, O R C UR R E NT P R O P E RT Y O W NE R AT T I ME O F R E C O R D I NG, F O R S A NI TA RY S E W E R P UR P O S E S I N MO R A G A ; A ND A UT HO R I Z I NG S TA F F TO R E C O R D T HE D O C UME NT S W I T H T HE C O NT R A C O S TA C O UNT Y R E C O R D E R S UB M I T T E D B Y: S T E P HA NI E G R O NL UND , A S S O C I AT E E NG I NE E R I NI T I AT I NG D E PART M E NT: E NG I NE E R I NG A ND T E C HNI C A L S E RV I C E S- P D S-D E V E L O P ME NT S E RV I C E S-MA I NL I NE R E V I E W RE V IE WE D B Y:D A NA L AW S O N, S E NI O R E NG I NE E R D A NE A G E MME L L , P L A NNI NG A ND D E V E L O P ME NT S E RV I C E S D I V I S I O N MA NA G E R J E A N-MA R C P E T I T, D I R E C TO R O F E NG I NE E R I NG A ND T E C HNI C A L S E RV I C E S IS S UE A resolution of the Board of Directors (Board) is required to accept an irrevocable offer of dedication of a sanitary sewer easement to convey real estate property interest to C entral San, authorize execution of a quitclaim deed for sewer purposes f or Central S an to release real property interest, and authorize recording of the documents. B AC K G RO UND D eveloper Moraga 1 I NV L L C, which is also the property owner (A pplicant), constructed a public sanitary sewer within a sanitary sewer easement with J ob 6652 in Moraga. To provide the necessary land rights to the new public sanitary, the Applicant recorded a Grant of I rrevocable Offer of D edication (Easement for Sewer Purposes). A s part of this sewer work an unused public sewer main, constructed in 1969 with J ob 1674, was formally abandoned. July 20, 2021 Special REEP Committee Meeting Agenda Packet - Page 8 of 71 Page 1 of 5 As the new public sanitary sewer was constructed and the existing sewer was abandoned per C entral San’s standards, staf f recommends the Board accepts the recorded grant of irrevocable offer of dedication of a sanitary sewer easement and authorize execution of the quitclaim deed. ALT E RNAT I V E S /C O NS I D E RAT IO NS T he B oard could decline to accept the irrevocable offer of dedication. T his alternative is not recommended as C entral San would not have recorded land rights to reconstruct, maintain or operate the public sanitary sewers that are owned by Central S an. T he B oard could also decline to quitclaim the unused sewer easement, although this action would increase Central S an’s potential liability for lands with an abandoned public sewer. F I NANC IAL I M PAC T S None. As all fees have been paid to process and record these documents. C O M M I T T E E RE C O M M E ND AT IO N T he Real Estate, E nvironmental and Planning C ommittee reviewed this matter at its meeting on J uly 20, 2021 and recommended ______. RE C O M M E ND E D B O ARD AC T I O N Adopt the proposed resolution accepting an irrevocable of f er of dedication f rom Moraga 1 I NV L L C ; authorizing execution of quitclaim deed to Moraga 1 I NV L L C , or current property owner at time of recording, for sanitary sewer purposes in Moraga; and authorizing staf f to record the documents with the C ontra C osta C ounty Recorder. Strategic Plan Tie-I n G O A L O N E: Customer and C ommunity Strategy 1 – Deliver high-quality customer service G O A L FI VE: I nfrastructure R eliability Strategy 1 – Manage assets optimally to prolong their useful life AT TAC HM E NT S : D escription 1. E asement and Vicinity Map 2. P roposed Resolution July 20, 2021 Special REEP Committee Meeting Agenda Packet - Page 9 of 71 Page 2 of 5 Detail Area 680 ·|}þ2424 Moraga Lafayette Walnut Creek 680 Existing Sewer Easement New Sewer Easement Quitclaimed Sewer Easement Tax Parcel Moraga Town Center Homes Moraga Developer Project 6652 Map Date: 6/18/2021 0 100 FeetR N:\GIS\Projects\GeneralAdmin\BoardPP\Pro_BoardPP\Pro_BoardPP.aprx MMNote: Central San data as of June 2021. Map Displayed in North American Datum of 1983 California State Plane, Zone III FIPS 0403, US Feet 1 Attachment C o u n t r y C l u b D r Mor a g a W a y Sanitary Sewer Easement to Central San Quitclaimed 10' Wide Sanitary Sewer Easement Existing Sanitary Sewer Easement for Trunk Line July 20, 2021 Special REEP Committee Meeting Agenda Packet - Page 10 of 71 Page 3 of 5 RESOLUTION NO. 2021-_____ A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF IRREVOCABLE OFFER OF DEDICATION FROM MORAGA 1 INV LLC; AUTHORIZING THE EXECUTION OF QUITCLAIM DEED TO MORAGA 1 INV LLC, OR CURRENT PROPERTY OWNER AT TIME OF RECORDING, FOR SANITARY SEWER PURPOSES AS RELATED TO JOB 6652 AND JOB 1674 IN MORAGA BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows: THAT Central San hereby accepts a sanitary sewer easement as recorded in the Grant of Irrevocable Offer of Dedication, which is more specifically referred to as “Grant of Irrevocable Offer of Dedication (Easement for Sanitary Sewer Purposes) from Moraga 1 INV, LLC for APN 257-190-059, Job No. 6652 - ROW Parcel No. 1B”, which was recorded on April 15, 2019 as Document Series No. 2019-0051628 with the Contra Costa County Recorder; and THAT Central San hereby authorizes execution of a quitclaim deed, which is more specifically referred to as “Quitclaim Deed - Easement to Moraga 1 INV, LLC, or current property owner at time of recording, APN: 257-600-037, Job No. 6652 - ROW Parcel A”, to fully release the original easement, which was recorded Job 1674 – Parcel 1 on June 26, 1968, in Book 5654 of Official Records, at page 265, Contra Costa County Recorder; and THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to execute said quitclaim deed for and on behalf of Central San; and THAT staff is authorized to record this resolution and the documents with the Contra Costa County Recorder. PASSED AND ADOPTED this 5th day of August 2021 by the Board of Directors of Central San by the following vote: AYES: Members: NOES: Members: ABSENT: Members: Tad J. Pilecki President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California ATTACHMENT 2 July 20, 2021 Special REEP Committee Meeting Agenda Packet - Page 11 of 71 Page 4 of 5 Central Contra Costa Sanitary District Resolution No. 2021- Page 2 of 2 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 July 20, 2021 Special REEP Committee Meeting Agenda Packet - Page 12 of 71 Page 5 of 5