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Home My WebLink About08. Authorize a Property Purchase Agreement and adopt three resolutions to approve the property exchange with Martinez Refining Co LLC for DP 8457 Page 1 of 7 Item 8. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: SEPTEMBER 15, 2022 SUBJECT: AUTHORIZE A PROPERTY PURCHASE AGREEMENT AND ADOPT RESOLUTION NOS. 2022-067 TO 2022-069 TO: 1)ACCEPT A GRANT DEED AND A GRANT OF ACCESS EASEMENT FROM MARTINEZ REFINING COMPANY LLC, OWNER OF THE PROPERTY LOCATED AT 2000 MARINA VISTA IN MARTINEZ, 2)AUTHORIZE EXECUTION OFA GRANT DEED TO MARTINEZ REFINING COMPANY LLC, AND 3)AUTHORIZE STAFF TO RECORD THE DOCUMENTS WITH THE CONTRA COSTA COUNTY RECORDER; RESCIND PRIOR RESOLUTION NOS. 2022-016 TO 2022-018 SUBMITTED BY: INITIATING DEPARTMENT: DAVID KRAMER, SENIOR RIGHT OF WAY ENGINEERING AND TECHNICAL SERVICES - AGENT PDS - DEVELOPMENT SERVICES - RIGHT OF WAY REVIEWED BY: DANA LAWSON, SENIOR ENGINEER DANEA GEMMELL, PLANNING & DEVELOPMENT SERVICES DIVISION MANAGER kv- Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Authorization from the Board of Directors (Board) is required to execute a property purchase agreement; and a resolution of the Board is required to accept Grant Deeds and Grant of Easements; and a resolution of the Board is required to execute a Grant Deed and authorizing staff to record the documents with the Contra Costa Recorder. September 15, 2022 Regular Board Meeting Agenda Packet- Page 43 of 104 Page 2 of 7 BACKGROUND Capital Projects contracted with a design consultant to renovate the Fairview Pump Station as it has reached the end of its useful life and needs to be replaced with a new pump station. To construct the new pump station, additional property rights are required from the adjacent property owner by Martinez Refining Company LLC (MRC). These property rights include a 9,370 square foot Fee Parcel acquisition ("Westerly Property") and a 5,435 square foot Access Easement acquisition from MRC (across "Easterly Property") as shown in Attachment 1 (Exhibit B - Site Map). MRC currently accesses their property through a license agreement with Central San and wishes to upgrade its property rights to a 5,435 square foot fee ownership of the licensed area ("Easterly Property"). To accommodate the needs of both parties, an exchange of property rights between Central San and MRC is being proposed. The Board previously approved a property purchase agreement with MRC and associated resolutions on March 3, 2022. Due to changes to the labeling of the parcels requested by MRC, new resolutions must be approved to ensure that the parcels identified in the resolutions match those in the description of the property being transferred, as shown in Attachment 1 (Exhibit B - Site Map). ALTERNATIVES/CONSIDERATIONS The Board could decline to exchange property with MRC. This alternative is not recommended since Central San would not have the land rights necessary to construct the improvements to the Fairview Pump Station. FINANCIAL IMPACTS None. This would be a like-for-like exchange of property rights with no monetary funds involved. 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 Staff recommends the following Board actions: 1. Authorize the Board President to execute the property purchase agreement; 2. Adopt the two proposed resolutions accepting the executed Grant Deed and Grant of Access Easement and authorizing staff to record the documents with the Contra Costa County Recorder; 3. Adopt the proposed resolution authorizing the Board President to execute a Grant Deed to MRC and authorizing staff to record the documents with the Contra Costa County Recorder; and 4. Rescind prior Resolution Nos. 2022-016 to 2022-018. Strategic Plan re-In GOAL ONE: Customer and Community Strategy 3- Build neighborhood and industry relations September 15, 2022 Regular Board Meeting Agenda Packet- Page 44 of 104 Page 3 of 7 GOAL SIX., Infrastructure Reliability Strategy 1 - Manage assets optimally, Strategy 2- Execute long-term capital renewal and replacement program ATTACHMENTS: 1. Exhibit B - Site Map 2. Proposed Resolution - Grant Deed from MRC 3. Proposed Resolution - Grant of Easement from MRC 4. Proposed Resolution - Grant Deed to MRC September 15, 2022 Regular Board Meeting Agenda Packet- Page 45 of 104 EXHIBIT "B" Page 4 of 7 CENTRAL CONTRA COSTA SANITARY DISTRICT SITE MAP Q SCALE: 1 " = 40' v OA 2O` POC (W'LY) 0=0°09'14" X99 POB (E'LY) L=13.51 EASTERLY o CAL TRANS PROPERTY 29Y E 4 UTILITY EASEMENT \ MARTINEZ REFINING 2000-291704 N 00`51 '00" E 78.00 �� \ COMPANY LLC 2020-0081226 I o POB \ `ro• (W'LY) \ REMAINING EASEMENT 04 04 FOR CCCSD PER 9621 0,0 oo, OR 788, 2,637 SF u of a CC\D 5 \ o oLn t(.0o� f/ ��h Nt I�rN� Z 1 QO p ILno N ch d I °` L2 (R) AZ h' LINE TABLE a t z �� LINE BEARING DISTANCE LL L1 S 60°50'15" E 63.07 h h 0O tl00 N L3 S 69`50'05" W 7900 � - o "t �°°-"' .11 NOTES U) " nLn-M 1. BASIS OF BEARINGS: 72 LSM 37, CCCR z � 0 `i' u n 2. ALL DISTANCES ARE GRID DISTANCES. LL Q O J a MULTIPLY DISTANCES SHOWN BY R Q ~ 1 .00006140 TO OBTAIN GROUND Z DISTANCES LEGEND Q — — — — PARCEL LINE TO BE REMOVED S 01'30'07_' E (R) - NEW PARCEL LINE _ ------- – EXISTING PARCEL LINE EXISTING EASEMENT LINE HISTORIC PARCEL LINE a` - DRAWN BY: CHECKED BY: SYSTEM MAP: JOB NO.: 66 GSTJ GSTJ 8E37 8457 SCALE: DATE: ASSESSOR'S PARCEL NO.(APN): PARCEL NO.: 1"=40' 8/24/22 378-061-017 1 (W'LY),A(FLY)&2 (E'LY) September 15, 2022 Regular Board Meeting Agenda Packet- Page 46 of 104 Page 5 of 7 Attachment 2 RESOLUTION NO. 2022-067 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF DEED FROM MARTINEZ REFINING COMPANY LLC, PUMP STATION UPGRADES, PHASE 2 PROJECT WESTERLY PROPERTY, MARTINEZ NOW THEREFORE 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 Deed from Martinez Refining Company LLC for the Westerly Property for the Pump Station Upgrades, Phase 2 Project; and THAT staff is authorized to record said document in the Office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 15th day of September 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: Amelia Berumen Secretary ProTem 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 15, 2022 Regular Board Meeting Agenda Packet- Page 47 of 104 Page 6 of 7 Attachment 3 RESOLUTION NO. 2022-068 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT ACCEPTING A GRANT OF ACCESS EASEMENT FROM MARTINEZ REFINING COMPANY LLC, PUMP STATION UPGRADES, PHASE 2 PROJECT EASTERLY PROPERTY, MARTINEZ A PORTION OF APN 378-061-017 NOW THEREFORE 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 Access Easement from Martinez Refining Company LLC for the Easterly Property (Portion of APN 378-061-017) for the Pump Station Upgrades, Phase 2 Project; and THAT staff is authorized to record said document in the Office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 15th day of September 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: Amelia Berumen Secretary Pro Tem 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 15, 2022 Regular Board Meeting Agenda Packet- Page 48 of 104 Page 7 of 7 Attachment 4 RESOLUTION NO. 2022-069 A RESOLUTION OF THE CENTRAL CONTRA COSTA SANITARY DISTRICT AUTHORIZING EXECUTION AND RECORDING OF A GRANT DEED TO MARTINEZ REFINING COMPANY LLC, PUMP STATION UPGRADES, PHASE 2 PROJECT EASTERLY PROPERTY, MARTINEZ A PORTION OF APN 378-061-017 NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Central Contra Costa Sanitary District (Central San) as follows: THAT the Central San hereby consents to the execution of a Grant Deed to Martinez Refining Company LLC for the Easterly Property (Portion of APN 378-061-017) for the Pump Station Upgrades, Phase 2 Project; and THAT the President of the Board of Directors and the Secretary of the District are hereby authorized to execute said document for and on behalf of Central San; and THAT staff is authorized to record said document in the Office of the Recorder of Contra Costa County. PASSED AND ADOPTED this 15th day of September 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: Amelia Berumen Secretary Pro Tem 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 15, 2022 Regular Board Meeting Agenda Packet- Page 49 of 104