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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 ,a Martinez Q� —P Concord w CL Oak-Park_Blvd .:1 Pleasant Hill Sun-Valley Detail Dr Area Walnut Creek m E Lafayette a �? Geary-Rd Treat:BWd 2nd-Ave m Y a\\atd I o 3rd`Ave .c � Z San-LuisI Rd W 6697 C fA � Q 9�e Q U '-L•arkey-L-n V Z O` ae 5� Qac �a\\ey�d �ac�o p E .il �ti Trinit -Av / y e Q Project Location and Number Note: 0 1,000 Map Displayed in North American Datum of 1983 Attachment 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