HomeMy WebLinkAbout09. Accept Irrevocable Offers of Dedication re: San Luis 6, LP, Job 6697 in Walnut Creek Page 1 of 5
Item 9.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: JULY 7, 2022
SUBJECT: ADOPT RESOLUTION NO. 2022-034 ACCEPTING IRREVOCABLE OFFERS
OF DEDICATION FOR PUBLIC RIGHT-OF-WAY THAT INCLUDES PUBLIC
SEWER PURPOSES AND ACCEPTING IRREVOCABLE OFFERS OF
DEDICATION TO CENTRAL SAN FOR SANITARY SEWER EASEMENTS
FROM SAN LUIS 6, L.P. RELATED TO JOB 6697 IN WALNUT CREEK, AND
AUTHORIZING STAFF TO RECORD THE RESOLUTION 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 irrevocable offers of dedication of
public right-of-way that includes public sewer purposes, to accept irrevocable offers of dedication for
sanitary sewer easements, and to authorize recording of the resolution.
July 7, 2022 Regular Board Meeting Agenda Packet- Page 50 of 137
Page 2 of 5
BACKGROUND
San Luis 6, L.P. (Developer) constructed new public sanitary sewers within lands offered to the local
agency for public right-of-way purposes and within new sanitary sewer easements (SSEs) offered to
Central San in Walnut Creek with Job 6697. As the real property interests to the public includes our
sewers, the offers to the local agency have been deemed for the benefit of Central San and if the public
agency rejects these offers, their action will not affect Central San's rights to accept.
As Central San accepted the public sewers constructed with this job, staff recommends the Board
accepts the irrevocable offers of dedication that were offered to both the local agency and to Central San.
ALTERNATIVES/CONSIDERATIONS
The Board could decline to accept the irrevocable offers of dedication. This alternative is not
recommended as Central San would not have recorded land rights that expressly states Central San has
formally accepted the irrevocable offers of dedication to reconstruct, maintain or operate the public
sanitary sewers that are owned by Central San.
FINANCIAL IMPACTS
None as the Developer paid the fees to process these right-of-way documents and to record this
resolution.
COMMITTEE RECOMMENDATION
The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on June 15,
2022 and recommended approval.
RECOMMENDED BOARD ACTION
Adopt the proposed resolution accepting irrevocable offers of dedication for public right-of-way that
includes public sewer purposes and accepting irrevocable offers of dedication to Central San for sanitary
sewer easements from San Luis 6, L.P. related to Job 6697 in Walnut Creek and authorizing staff to
record the resolution 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. Vicinity Map
2. Proposed Resolution
July 7, 2022 Regular Board Meeting Agenda Packet- Page 51 of 137
Page 3 of 5
1728 San Luis Rd
Walnut Creek Developer Project 6697 Map Date:5/31/2022
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Central San data as of May 2022. F� California State Plane,Zone III FIPS 0403,US Feet 1
July 7, 2022 Regular Board Meeting Agenda Packet- Page 52 of 137
Page 4 of 5
ATTACHMENT 2
RESOLUTION NO. 2022-034
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING IRREVOCABLE OFFERS OF DEDICATIONS
FOR PUBLIC RIGHT OF WAY AND ACCEPTING IRREVOCABLE OFFERS OF
DEDICATIONS FOR SANITARY SEWER EASEMENTS
AS BOTH OFFERS ARE FOR PUBLIC SEWER PURPOSES,
AS RELATED TO JOB 6697 IN WALNUT CREEK
BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary
District (Central San) as follows:
THAT Central San hereby deems the irrevocable offers of dedications of public right of
way that were offered to the local agency, as listed below, as irrevocable offers of
dedications in favor of Central San as these specific offers include real property interest
in lands with public sewer purposes; and
THAT the rejection of the public right of way offers that includes public sewer purposes
by the local agency shall not affect Central San's rights to accept these offers; and
THAT Central San hereby accepts the irrevocable offer of dedication of a public right of
way from San Luis 6, L.P., that was offered to the local agency as stated in a
subdivision map, which is more specifically referred to as "Subdivision 9472, 1728 San
Luis Road, and map was filed on May 20, 2020 in Book 543 of Maps at Pages 1-3 as
Document Series No. 20-0095971"; as ROW Parcel 1 — 6697; and
THAT Central San hereby accepts the irrevocable offers of dedication to Central San for
sanitary sewer easements from same above-referenced subdivision map from San Luis
6, L.P., as ROW Parcel 2 — 6697; and
THAT staff is authorized to record this resolution with the Contra Costa County Recorder.
PASSED AND ADOPTED this 7t" day of July 2022 by the Board of Directors of Central San
by the following vote:
AYES: Members:
NOES: Members:
ABSENT: Members:
David R. Williams
President of the Board of Directors
Central Contra Costa Sanitary District
County of Contra Costa, State of California
July 7, 2022 Regular Board Meeting Agenda Packet- Page 53 of 137
Page 5 of 5
Central Contra Costa Sanitary District
Resolution No. 2022-034
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 7, 2022 Regular Board Meeting Agenda Packet- Page 54 of 137