HomeMy WebLinkAbout06. Accept an irrevocable offers of dedications re: Summerhill Homes, LLC and Paul J. Kline Trust, Job 6562 in Moraga Page 1 of 5
Item 6.
CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: AUGUST4, 2022
SUBJECT: ADOPT RESOLUTION NO. 2022-041 ACCEPTING 1) IRREVOCABLE
OFFERS OF DEDICATION TO CENTRAL SAN FOR SANITARYSEWER
EASEMENTS FROM SUMMERHILL HOMES, LLC AND PAUL J. KLINE
TRUST; AND 2) IRREVOCABLE OFFERS OF DEDICATION ONA
SUBDIVISION MAP FOR PUBLIC PURPOSES WITH PUBLIC SEWERS
FROM SUMMERHILL HOMES, LLC AS RELATED TO JOB 6562 IN
MORAGA, AND AUTHORIZING STAFF TO RECORD THE RESOLUTION
WITH THE CONTRA COSTA COUNTY RECORDER
SUBMITTED BY: INITIATING DEPARTMENT:
STEPHANIE GRONLUND, ASSOCIATE ENG-PDS-DIVISION MANAGER
ENGINEER
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 for
sanitary sewer easements, to accept irrevocable offers of dedications for public purposes that includes
public sewers, and authorizing staff to record the resolution with the Contra Costa County Recorder.
August 4, 2022 Regular Board Meeting Agenda Packet- Page 28 of 94
Page 2 of 5
BACKGROUND
Summerhill Homes, LLC (Developer) constructed new public sanitary sewers within sanitary sewer
easements and within lands offered to the local agency for public purposes in Moraga with Job 6562. As
the real property interest for public purposes includes our sewer, 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 Central San and the local agency.
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 July 20,
2022 and recommended approval.
RECOMMENDED BOARD ACTION
Adopt the proposed resolution accepting 1) irrevocable offers of dedication to Central San for sanitary
sewer easements from Summerhill Homes, LLC and Paul J. Kline Trust, and 2) irrevocable offers of
dedication for public purposes with public sewers from Summerhill Homes, LLC, 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 SIX:Infrastructure Reliability
Strategy 1 - Manage assets optimally
ATTACHMENTS:
1. Vicinity Map
2. Proposed Resolution
August 4, 2022 Regular Board Meeting Agenda Packet- Page 29 of 94
Page 3 of 5
Camino Ricardo
Moraga Developer Project 6562
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August 4, 2022 Regular Board Meeting Agenda Packet- Page 30 of 94
Page 4 of 5
Attachment 2
RESOLUTION NO. 2022-041
A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT
ACCEPTING GRANTS OF IRREVOCABLE OFFERS OF DEDICATIONS
FOR SANITARY SEWER EASEMENTS FROM A MAP DEDICATION
AND FROM A SEPARATE INSTRUMENT, AND
ACCEPTING GRANTS OF IRREVOCABLE OFFERS OF DEDICATIONS FOR
PUBLIC PURPOSES THAT INCLUDES PUBLIC SEWERS
FROM A MAP DEDICATION, FROM SUMMERHILL HOMES, LLC,
AND PAUL J. KLINE TRUST, AS RELATED TO JOB 6562 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 the irrevocable offers of dedications for sanitary
sewer easements from Summerhill Homes, LLC as stated in subdivision map, which is
more specifically referred to as "Subdivision 9321, Harvest Court, and map was filed on
March 19th, 2015 in Book 523 of Maps at Pages 1 as Document Series No. 15-49229
with Contra Costa Recorder"(Subdivision 9321 — Harvest Court), (Job No. 6562 - ROW
Parcel Nos. 2 & 3); and
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 The Paul
J. Kline Trust, dated December 23, 2002, APN 255-423-023 (formerly APN 255-423-
015), recorded February 24, 2015, as Documents series 2015-0031513 with Contra
Costa Recorder" (Job No. 6562 - ROW Parcel No. 4A); and
THAT Central San hereby deems the irrevocable offers of dedications for public
purposes with public sewers that were offered to the local agency as irrevocable offers
of dedications in favor of Central San as these specific offers include real property
interest in lands with public sewer purposes (public offers with public sewers); and
THAT the rejection of these public offers with public sewers by the local agency shall
not affect Central San's rights to accept these offers; and
THAT Central San hereby accepts these public offers with public sewers as stated in
above-referenced subdivision map (Subdivision 9321 — Harvest Court), (Job No. 6562 -
ROW Parcel No. 5); and
THAT staff is authorized to record this resolution with the Contra Costa County
Recorder.
August 4, 2022 Regular Board Meeting Agenda Packet- Page 31 of 94
Page 5 of 5
Central Contra Costa Sanitary District
Resolution No. 2022-041
Page 2 of 2
PASSED AND ADOPTED this 4t" day of August 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
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 4, 2022 Regular Board Meeting Agenda Packet- Page 32 of 94