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HomeMy WebLinkAbout04. Accept a Grant of Easement re: Job 2788 at 24 Black Oak Court in Danville Page 1 of 3 Item 4. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: SEPTEMBER 1, 2022 SUBJECT: ADOPT RESOLUTION NO. 2022-061 ACCEPTING A GRANT OF EASEMENT AT 24 BLACK OAK COURT IN DANVI LLE, RELATED TO JOB 2788, LOT 24, PARCEL 6, AND AUTHORIZING STAFF TO RECORD 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 AND DEVELOPMENT SERVICES DIVISION MANAGER 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 easements (SSE)to convey real property interest to Central San and authorizing staff to record the documents with the Contra Costa County Recorder. BACKGROUND Last year, a property owner in the same subdivision (2007 Scarlet Oaks Place), applied for a permit for a backyard remodel. While reviewing the plans, staff discovered that the current mainline sewer did not have any easement rights previously granted. Further research provided that in 1977, when Subdivision Map 4878 was recorded for the Hidden Oaks development, engineering firm, Bryan and Murphy, inadvertently September 1, 2022 Regular Board Meeting Agenda Packet- Page 20 of 86 Page 2 of 3 left off a couple of the lots, without the dedication of a 10-foot SSE to Central San. In 1982, the engineering firm was tasked with obtaining Grant of Easements from these property owners, with no success. Right-of-Way staff recorded the Grant of Easement for 2007 Scarlet Oaks Place on March 3, 2022. Right-of-Way staff then followed up with a letter to the remaining property owner at 24 Black Oak Court, Danville, to perfect its easement rights. The property owner agreed to grant Central San a 10-foot SSE. ALTERNATIVES/CONSIDERATIONS The Board could decline to accept the Grant of Easement. This alternative is not recommended since Central San would not have the easement rights necessary to protect its pipe. FINANCIAL IMPACTS The grant of easement for sewer purposes was acquired for a one-time fee of $500. COMMITTEE RECOMMENDATION The Real Estate, Environmental and Planning Committee reviewed this matter at its meeting on August 15, 2022 and recommended approval. RECOMMENDED BOARD ACTION Adopt the proposed resolution accepting the executed Grant of Easement related to 24 Black Oak Court in Danville (APN 203-261-013), related to Job 2788, Lot 24, Parcel 6, and authorizing staff to record documents with the Contra Costa Recorder. Strategic Plan re-In GOAL ONE: Customer and Community Strategy 3- Build neighborhood and industry relations GOAL SIX: Infrastructure Reliability Strategy 1 - Manage assets optimally ATTACHMENTS: 1. Proposed Resolution September 1, 2022 Regular Board Meeting Agenda Packet- Page 21 of 86 Page 3 of 3 RESOLUTION NO. 2022-061 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF EASEMENT RELATED TO 24 BLACK OAK COURT, DANVILLE, JOB 2788 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 July 5, 2022, from the following property owner: Chad W. Nichols and Rose Marie Nichols 24 Black Oak Court Danville, CA 94506 APN: 203-261-013 THAT staff is authorized to record the document in the office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 1St day of September 2022 by the Board of Directors of Central San by the following votes: 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 September 1, 2022 Regular Board Meeting Agenda Packet- Page 22 of 86