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HomeMy WebLinkAbout04.b. Review draft Position Paper to adopt Resolution No. 2021- authorizing execution of a quitclaim deed for properties located at 1535 Diablo Vista Road in Alamo, as listed on Exhibit A to the Resolution; and authorizing staff to record documentsPage 1 of 4 Item 4.b. CDr EENI RAL SAN BOARD OF •' �J POSITION PAPER CENTRAL CONTRA COSTA SANITARY DISTRICT � � • MEETING DATE: OCTOBER 25, 2021 SUBJECT: REVIEW DRAFT POSITION PAPER TO ADOPT RESOLUTION NO. 2021- AUTHORIZING EXECUTION OF A QUITCLAI M DEED FOR PROPERTIES LOCATED AT 1535 DIABLO VISTA ROAD I N ALAMO, AS LISTED ON EXHIBITATO THE RESOLUTION; AND AUTHORIZING STAFF TO RECORD DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER SUBMITTED BY: DAVID KRAMER, SENIOR RIGHT OF WAY AGENT INITIATING DEPARTMENT: ENGINEERING AND TECHNICAL SERVICES - PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANA LAWSON, SENIOR ENGINEER DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION MANAGER JEAN-MARC PETIT, DIRECTOR OF ENGINEERING &TECHNICAL SERVICES ISSUE A resolution of the Board of Directors (Board) is required to accept or quitclaim easements and record documents. BACKGROUND On April 23, 1974, Central San was granted an easement over a portion of 1535 Diablo Vista Road in Alamo. Since then, Central San has not used that easement for its sewer construction. The property owners are now requesting that Central San quitclaim this easement so that it no longer encumbers their property. 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. October 25, 2021 REEP Committee Meeting Agenda Packet - Page 10 of 33 Page 2 of 4 FINANCIAL IMPACTS None. A development -related fee was paid by the property owner to process the quitclaim, as set by District Ordinance No. 317. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on October 25, 2021 and recommended RECOMMENDED BOARD ACTION Adopt the proposed resolution authorizing execution and recording of a Quitclaim Deed to Fink Family Trust, dated April 5, 2003 for the property located at 1535 Diablo Vista Road in Alamo, Job No. 2287. 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. Map 2. Proposed Resolution October 25, 2021 REEP Committee Meeting Agenda Packet - Page 11 of 33 Page 3 of 4 Quitclaim of Sewer Easement 1535 Diablo Vista Rd, Alamo Map Date: 10/8/2021 Walnut Creek Lafayette F. Detail Area Moraga Qua` 188-370-017' 1515 O 188-370-036 a 188-370-018 188-370-0-23 .I -r 188-370-037 188-370-033 0 GaCaer P 188-370-038 d # Address Number Existing Sewer Main - Existing Sewer Easement to be Quitclaimed 0 Tax Parcel Note: 0 100 Map Displayed in North American Datum of 1983 Attachment Central San data as of October 2021. I' Feet California State Plane, Zone III FIPS 0403, US Feet 1 October 25, 2021 REEP Committee Meeting Agenda Packet - Page 12 of 33 Page 4 of 4 ATTACHMENT 2 RESOLUTION NO. 2021- A RESOLUTION AUTHORIZING EXECUTION AND RECORDING OF A QUITCLAIM DEED -EASEMENT TO FINK FAMILY TRUST JOB NO. 2278 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 Richard Neel Fink and Sandra H. Fink, Trustees of the FINK FAMILY TRUST, dated April 5, 2003; 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 4th day of November 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 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 October 25, 2021 REEP Committee Meeting Agenda Packet - Page 13 of 33