HomeMy WebLinkAbout09. Accept an Irrevocable Offer of Dedication, authorize execution of a Quitclaim Deed, re Moraga 1 INV LLC, Jobs 6652 and 1674 in Moraga Page 1 of 5
Item 9.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: AUGUST 5, 2021
SUBJECT: ADOPT RESOLUTION NO. 2021-037 ACCEPTING AN IRREVOCABLE
OFFER OF DEDICATION FROM MORAGA 1 INV LLC; AUTHORIZING
EXECUTION OF QUITCLAIM DEED TO MORAGA 1 INV LLC, OR CURRENT
PROPERTY OWNER AT TIME OF RECORDING, FOR SANITARYSEWER
PURPOSES IN MORAGA; AND AUTHORIZING STAFF TO RECORD THE
DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER
SUBMITTED BY: INITIATING DEPARTMENT:
STEPHANIE GRONLUND, ASSOCIATE ENGINEERING AND TECHNICAL SERVICES-
ENGINEER PDS-DEVELOPMENT SERVI CES-MAINLINE
REVI EW
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 (Board) is required to accept an irrevocable offer of dedication of a
sanitary sewer easement to convey real estate property interest to Central San, authorize execution of a
quitclaim deed for sewer purposes for Central San to release real property interest, and authorize
recording of the documents.
August 5, 2021 Regular Board Meeting Agenda Packet- Page 67 of 262
Page 2 of 5
BACKGROUND
Developer Moraga 1 1 NV LLC, which is also the property owner(Applicant), constructed a public sanitary
sewer within a sanitary sewer easement with Job 6652 in Moraga. To provide the necessary land rights to
the new public sanitary, the Applicant recorded a Grant of Irrevocable Offer of Dedication (Easement for
Sewer Purposes). As part of this sewer work an unused public sewer main, constructed in 1969 with Job
1674, was formally abandoned.
As the new public sanitary sewer was constructed and the existing sewer was abandoned per Central
San's standards, staff recommends the Board accepts the recorded grant of irrevocable offer of
dedication of a sanitary sewer easement and authorize execution of the quitclaim deed.
ALTERNATIVES/CONSIDERATIONS
The Board could decline to accept the irrevocable offer of dedication. This alternative is not
recommended as Central San would not have recorded land rights to reconstruct, maintain or operate the
public sanitary sewers that are owned by Central San. The Board could also decline to quitclaim the
unused sewer easement, although this action would increase Central San's potential liability for lands with
an abandoned public sewer.
FINANCIAL IMPACTS
None. As all fees have been paid to process and record these documents.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on July 20,
2021 and recommended approval.
RECOMMENDED BOARD ACTION
Adopt the proposed resolution accepting an irrevocable offer of dedication from Moraga 1 1 NV
LLC; authorizing execution of quitclaim deed to Moraga 1 1 NV LLC, or current property owner at time of
recording, for sanitary sewer purposes in Moraga; and authorizing staff to record the documents with the
Contra Costa County Recorder.
Strategic Plan re-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. Easement and Vicinity Map
2. Proposed Resolution
August 5, 2021 Regular Board Meeting Agenda Packet- Page 68 of 262
Page 3 of 5
Moraga Town Center Homes
Moraga Developer Project 6652
Map Date:6/18/2021
5
., Walnut
Creek It
v W, Lafayette
nV \•
Moraga
� �� • Detail
Area
tilo' "
Sanitary„Sewer Easement
to Central San
<
\ Quitclaimed 10'Wide
Sanitary Sewer Easement
Existing Sanitary Sewer
Easement for Trunk Line
o = Existing Sewer Easement `` {
New Sewer Easement
- Quitclaimed Sewer Easement
Tax Parcel
Note: 0 100 Map Displayed in North American Datum of 1983 Attachment
Central San data as of June 2021. Feet California State Plane,Zone III FIPS 0403,US Feet 1
August 5, 2021 Regular Board Meeting Agenda Packet- Page 69 of 262
Page 4 of 5
ATTACHMENT 2
RESOLUTION NO. 2021-037
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. 1 B", 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 5t" 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
August 5, 2021 Regular Board Meeting Agenda Packet- Page 70 of 262
Page 5 of 5
Central Contra Costa Sanitary District
Resolution No. 2021-037
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
August 5, 2021 Regular Board Meeting Agenda Packet- Page 71 of 262