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HomeMy WebLinkAbout08. Accept a Grant of Easement re: 68 Oakdene Ct, Walnut Creek, DP 8465 Page 1 of 3 Item 8. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: MARCH 3, 2022 SUBJECT: ADOPT RESOLUTION NO. 2022-014 ACCEPTING A GRANT OF EASEMENT AT 68 OAKDENE COURT IN THE CITY OF WALNUT CREEK AS RELATED TO DISTRICT PROJECT 8465 AND AUTHORIZING STAFF TO RECORD THE DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER SUBMITTED BY: INITIATING DEPARTMENT: KATHLEEN RODRIGUEZ, REAL PROPERTY ENGINEERING AND TECHNICAL SERVICES - AGENT 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 Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE A resolution of the Board of Directors (Board) is required to accept a grant of easement for sanitary sewer purposes to convey real property interest to Central San. BACKGROUND During the construction of Walnut Creek Phase 15 (District Project 8465), on 68 Oakdene Court, Walnut Creek (APN: 180-230-021); staff discovered a discrepancy with the legal description in the original Grant of Easement, 3891 OR 83, recorded on June 19, 1961. While the legal description showed rights of a 5' March 3, 2022 Regular Board Meeting Agenda Packet- Page 39 of 165 Page 2 of 3 wide sanitary sewer easement (SSE), the attached exhibit showed rights of a 10'wide SSE. While a neighboring property showed easement rights granted with a 10'wide SSE, which staff believes it was originally intended to be. The property owners were willing to grant an additional 5'wide SSE (775 sq. ft.) to Central San to upgrade our easement rights, and provide the necessary easement rights needed for the shift in the alignment from construction and renovation. ALTERNATIVES/CONSIDERATIONS The Board could decline to accept the Grant of Easement. This alternative is not recommended since Central San would not have the land rights necessary for its sanitary sewer line that is now partially outside of Central San's easement rights, with the renovation of the new sanitary sewer line. FINANCIAL IMPACTS The grant of easement for sewer purposes was acquired for a fee of$2,500. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on February 23, 2022 and recommended approval. RECOMMENDED BOARD ACTION Adopt the proposed resolution accepting the executed Grant of Easement related to 68 Oakdene Court, Walnut Creek, CA and authorizing staff to record documents with the Contra Costa County Recorder. Strategic Plan Tie-In GOAL ONE: Customer and Community Strategy 2—Maintain a positive reputation GOAL FIVE:Infrastructure Reliability Strategy 1—Manage assets optimally to prolong their useful life ATTACHMENTS: 1. Proposed Resolution March 3, 2022 Regular Board Meeting Agenda Packet- Page 40 of 165 Page 3 of 3 RESOLUTION NO. 2022-014 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF EASEMENT RELATED TO 68 OAKDENE COURT, WALNUT CREEK, CA, DISTRICT PROJECT 8465, PARCEL 1 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 Grant of Easement dated January 20, 2022, from the following property owner: Gordon M. Freeman and Susan B. Freeman 68 Oakdene Court Walnut Creek, CA 94596 APN: 180-230-021 THAT staff is authorized to record the document in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 3rd day of March 2022 by the Board of Directors of Central San by the following votes: AYES: Members: NOES: Members: ABSENT: Members: David Williams 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 March 3, 2022 Regular Board Meeting Agenda Packet- Page 41 of 165